[Ord. No. 11-11-2014,
11/11/2014]
1.
BOARD OF SUPERVISORS
JUNK
JUNK DEALER
JUNKED MOTOR VEHICLE
JUNKYARD
LICENSEE
MUNICIPALITY
PERSON
PRELIMINARY APPROVAL
PRELIMINARY APPROVAL OF A RECLAMATION FACILITY
RECLAMATION FACILITY
RECYCLABLE MATERIALS
SALVAGE YARD
Except where otherwise indicated by context, the following definitions
shall apply in the interpretation and enforcement of this Part 2A:
Supervisors of Hemlock Township, Columbia County, Pennsylvania.
Scrap, copper, brass, rope, rags, batteries, paper, trash,
rubber debris, waste, iron, steel, and other old or scrap ferrous
or non-ferrous material, including wrecked, ruined, dismantled, abandoned,
non-operable, disabled or junked motor vehicles or parts thereof,
or motor vehicles no longer used as such.
Another name for "licensee."
Any motor-driven vehicle, regardless of size, which is incapable
of being self-propelled or is unable to move under its own power upon
the public streets of the Township or is incapable of being utilized
for its intended purpose; also included in this definition is any
trailer, semi-trailer or any other article which would be classified
as a vehicle under the Vehicle Code of Pennsylvania, 75 Pa.C.S.A.
§ 101 et seq. The term "junked motor vehicle" shall include
any disabled, abandoned, non-operable, nonregistered, wrecked, ruined
or dismantled motor vehicle.
Yard, lot or place covered or uncovered, outdoors or in an
enclosed building, containing "junk," as defined herein, upon which
principally occurs one of more acts of buying, keeping, dismantling,
processing, recycling, salvaging, selling or offering for sale, any
such junk, in whole units or by parts for a business or commercial
purpose, or for the storage of two or more junked motor vehicles outside
of any building or enclosure, but shall not include a transfer station,
licensed or permitted by the Commonwealth of Pennsylvania or a recycling
center, licensed or permitted by the Township.
Any person, company or corporation holding a valid, current
license issued for the purpose of operating certain types of commercial
facilities in the municipality.
The Township of Hemlock, Columbia County, Pennsylvania.
Any natural or other person, firm, partnership, association,
corporation, company or organization of any kind.
Approval of the application by the Supervisors which permits
the applicant to develop his yard as per the requirements of this
Part 2A. Preliminary approval does not permit the applicant to operate
the junkyard or accumulate junk in the approved location.
Approval of the application by the Township Supervisors which
permits the applicant to develop their property for the purpose of
the future operation of the property as a reclamation facility as
per the requirements of this Part 2A. Preliminary approval does not
permit the applicant to commercially operate the facility or to accumulate
any type of recyclable materials on the approved property.
A property utilized commercial for the purchasing, sorting,
processing, and short-term storage of various types of recyclable
materials and goods which are to be ultimately sold, in bulk, to other
large-scale recycling and processing centers for a profit. This definition
includes the land, or a portion of the land, on which the facility
is located, and the building, or buildings, enclosed, or partially
enclosed, which are utilized for the storage of the various materials
and machinery which are related to the operation of the facility.
Any type of materials that can be reclaimed which include
newspaper, cardboard, paper products, magazines, copper, brass, aluminum,
steel, stainless steel, iron, cast iron, lead-acid batteries, tires
and motorized or non-motorized vehicles.
Another name for "junkyard."
[Ord. No. 11-11-2014,
11/11/2014]
1.
License Required. No person, company or corporation shall establish,
operate or maintain or permit to be established, operated or maintained
upon any property owned or controlled by the person, company or corporation,
a reclamation facility within the limits of the Township without having
first secured a license from the Township. Such license shall be issued
by the Township, or its representative, in accordance with this Part
2A.
2.
Licensee with Multiple Locations. Any licensee establishing, operating
or maintaining a reclamation facility at more than one location shall
be required to have in effect a separate license for each such location.
3.
Licensing Period; Renewal; Posting. Each license issued pursuant
to this Part 2A shall be valid for a period of not more than one year
from the date of issuance. Each such license shall be subject to annual
renewal provided applicable fees, fines and penalties have been paid
and provided the facility continues to be operated and maintained
in accordance with the provisions of this Part 2A. A current license
shall be conspicuously displayed or posted upon the licensed facility
at all times.
[Ord. No. 11-11-2014,
11/11/2014]
1.
Each person seeking a license under this Part 2A shall make written
application to the Township on a form to be provided by the Township.
A.
The application shall include the following information:
(1)
The name and address of the applicant, if the applicant is a
natural person; but if the applicant is another entity, the names
and addresses of all officers, directors, partners or natural persons
having primary responsibility for the lawful day-to-day operation
of the reclamation facility.
(2)
The names and addresses of the owner or owners of the land upon
which the reclamation facility is to be laid out.
(3)
Written consent of the owner or owners of the property, if different
from applicant.
(4)
A metes and bounds survey of the property showing the location of the property together with a deed reference to the property, containing a layout of the proposed reclamation facility, and showing sufficient detail to establish compliance with this Part 2A, and the Township Subdivision and Land Development Ordinance [Chapter 22] and all other applicable ordinances, laws and regulations. A reclamation facility shall have a minimum of 10 acres and a maximum of 25 acres, and shall front on a public road or have access to a public road by a right-of-way of at least 20 feet in width. Where a proposed reclamation facility fronts on or has access to a state highway, a commercial highway occupancy permit must be obtained from the Pennsylvania Department of Transportation.
(5)
Plans and specifications for all fencing, water facilities,
screening, access driveways, sewage disposal system and stormwater
management.
(6)
Any other information, in any format and in as many copies,
as the Township may from time to time require.
[Ord. No. 11-11-2014,
11/11/2014]
1.
Any person wanting to establish, operate or maintain a reclamation
facility within the Township must seek a preliminary approval of an
application by submitting an initial application and application fee
after which:
A.
The Board of Supervisors shall review the application and plans for
completeness and for compliance with this Part 2A, other Township
ordinances and regulations and, any state or federal laws or regulations.
B.
The Board of Supervisors shall inspect the site, taking into consideration
the suitability of the property proposed to be used for the purposes
of the license, the character of the properties located nearby, and
the effect of the proposed use upon the municipality, with specific
reference to the general health, safety and welfare of the public
and the residents of the Township.
C.
The Board of Supervisors, in its sole discretion, may hold a public
hearing on the application.
D.
The Board of Supervisors may impose, in addition to the general requirements
set forth in this Part 2A, such other terms and conditions as it may
deem necessary to carry out the spirit and intent of this Part 2A
and to effect the protection of the general health, safety and welfare
of the public and the residents of the Township.
E.
After completion of the above items, and the determination by the
Board of Supervisors that the applicant's plans and representations
comply with this Part 2A and all other applicable ordinances, laws,
rules and regulations, the Supervisors shall issue in writing a "preliminary
approval" of the site.
F.
Preliminary approval shall be in writing, and shall contain a statement
that the application and plans as submitted are acceptable to the
Board of Supervisors without modification; or shall contain a detailed
and itemized list of other terms, conditions and requirements which
must be met if the application is to be finally approved.
G.
Preliminary approval shall commit the Township to issue a license,
pursuant to this Part 2A, only after the site is, in fact, in complete
compliance with the terms of the preliminary approval and the requirements
of this Part 2A.
H.
A reclamation facility shall not conduct business on the site until
a license is issued.
I.
It shall be the obligation of the applicant to notify to the Township,
within the preliminary approval period, the site fully complies with
this Part 2A and the terms, conditions and requirements of the preliminary
approval.
J.
Preliminary approval shall be valid for not more than six months.
If the site is not in full compliance with this Part 2A and all other
terms, conditions and requirements of the preliminary approval, the
preliminary approval shall be revoked by the Board of Supervisors
and the Township shall not thereafter be required to issue a license.
[Ord. No. 11-11-2014,
11/11/2014]
In order to continue the operation and maintenance of the facility
after a license has been issued, the licensee shall be required to
apply for license renewal on a form to be provided by the Township.
Such application for renewal shall be filed with the Township within
such time as to allow the Township an opportunity for on-site inspection
of the facility prior to the date on which the license must be renewed;
but in no event shall the application be filed fewer than 60 days
before the expiration of the current license. The Board of Supervisors
shall, from time to time, establish rules and regulations governing
the application for and issuance of renewal licenses.
[Ord. No. 11-11-2014,
11/11/2014]
1.
The following general requirements shall apply to all reclamation
facilities licensed in accordance with the provisions of this Part
2A:
A.
Such premises shall at all times be maintained so as not to constitute
a nuisance or menace to the health, safety or welfare of the community
and maintained so as not to provide a breeding place for rodents or
vermin.
B.
No garbage or other organic waste shall be stored in open containers
on premises.
C.
All recyclable materials shall be stored and arranged so as not to
interfere with natural drainage of the land and shall be so stored
and arranged as to prevent the accumulation of stagnant water and
to facilitate access for firefighting purposes.
D.
Maintenance shall be such that any adjacent stream or body of water
shall not be polluted or damaged by the drainage or dumping of organic
or inorganic waste materials or waste substances.
E.
All recyclable materials shall be stored so they do not exceed eight
feet in height and shall be arranged in such a manner so as to permit
easy access to all the materials for firefighting purposes.
F.
No combustible material of any kind not necessary or beneficial to
the licensed business shall be kept on the premises, nor shall the
premises be allowed to become a fire hazard.
G.
No oil, grease, tires, gasoline, tar, petroleum products, shingles
or other similar material or junk shall be burned within the reclamation
facility at any time.
H.
The licensee shall permit inspection of the business premises by
the municipality or its appointed representative at any reasonable
time.
I.
Any real property not approved by the Township shall not be utilized
for any purpose related to the operation of the reclamation facility.
J.
All oil, antifreeze, gasoline, transmission fluid and other vehicular
fluids shall be drained from all vehicles before such vehicles are
processed or stored at the facility and all such fluids shall be properly
containerized, stored, transported and disposed of in the manner or
manners prescribed by or consistent with the regulations promulgated
by the Pennsylvania Department of Environmental Protection in Title
25 Pa. Code, Chapter 260a, relating to solid waste management, and
in regulations promulgated by the United States Environmental Protection
Agency at 40 CFR, Subchapter I, Parts 240-280, relating to solid waste,
or any other applicable laws or regulations pertaining to solid waste
or solid waste management.
K.
All tires not being used for a useful purpose must not be left exposed
to the weather and either covered by a tarpaulin or enclosed within
a structure.
L.
Any junk motor vehicles accepted into the reclamation facility must
be fully-processed, or removed from the facility, within a period
of 90 days from the time it was originally accepted into the facility.
The licensee is to maintain a vehicle log of every junk vehicle accepted
into the facility and the log shall include the make, model, model
year, color, vehicle identification number, the date the vehicle was
accepted into the facility and the date the vehicle was processed
or removed from the facility. Copies of the vehicle logs shall be
received by the municipality every 90 days and the municipality reserves
the right to inspect the facility without notice to ensure that no
junk vehicles have been at the facility for over 90 days.
[Ord. No. 11-11-2014,
11/11/2014]
1.
The area used as a reclamation facility shall be completely enclosed
with a solid board or metal fence or a mound of ground, with a minimum
height of eight feet; or by a screen of trees; or by a combination
of the above, as approved by the Board of Supervisors. All fences
and screening shall be of sufficient height to screen the facility
from view of adjacent properties and highways. All fences and screening
proposed must be approved by the Board of Supervisors, who may approve
such fencing or screening as may be deemed necessary in view of natural
contours, features and requirements. Tree screening utilized shall
follow the following guidelines:
A.
A minimum of two rows of trees, shrubs or other vegetation, not less
than 50% evergreen materials, shall be planted to produce the effective
visual barricade.
B.
At least two different species of trees, shrubs or other vegetation
shall be utilized. Selected species shall exhibit different tolerances
to insects and disease.
C.
Species selected must be capable of producing the effective visual
barrier, eight feet in height, within five years of planting.
D.
Prompt replacement of any dead species shall be required.
2.
The required fencing and screening shall be set back the following
minimum distance from the property line or street:
A.
Solid fencing: 25 feet from street right-of-way and 25 feet from
all property lines.
B.
Tree screening: 25 feet from the street right-of-way and 25 feet
from all property lines.
|
The area between the property line or street right-of-way and
the fence or tree screening shall be kept clean and vacant at all
times.
|
3.
All entrances and exits into, and from, the facility shall have gates which shall be closed and locked when the facility is not in operation. All entrances must meet the sight distance requirements of the Department of Transportation or the Township Subdivision and Land Development Ordinance [Chapter 22].
4.
Sufficient on-site parking will be provided for loading and unloading
recyclable materials and vehicles as well as for employee and customer
parking. Parking areas shall comply with the Hemlock Township Zoning
Ordinance, Part 8, "Off-Street Parking and Loading Requirements."
5.
It shall be the responsibility of the licensee to maintain the established
screening, doing such painting and repairs as to keep any fences,
wall or other structural material in good appearance. Plant material
shall be watered, pruned, cultivated and mulched, treated for insect
and disease control, and given any required maintenance to keep all
plants in healthy condition. Dead plants shall be removed immediately
and shall be replaced during the next spring or fall planting season.
Replacement plants shall be at least as large as the initial plants
and of the same species and quality, unless approval for substitution
is received from the Township.
6.
Failure to maintain screening shall result in the revocation of the
reclamation facility.
[Ord. No. 11-11-2014,
11/11/2014]
Any person wishing to extend or enlarge the area of an existing
reclamation facility shall make application for new license in accordance
with the provisions of this Part 2A, and will be required to comply
with all provisions of this Part 2A as if applying for a license for
a new reclamation facility.
[Ord. No. 11-11-2014,
11/11/2014]
No license issued under this Part 2A shall be assigned or transferred
to any other person without the express written authorization of the
Township Supervisors. Any person wishing to transfer or assign such
license shall make a written request to do so, directed to the Board
of Supervisors and setting forth the name and address of the transferee
and the date the transfer is expected to be effective. Such written
request shall be submitted together with a transfer fee, the amount
of which shall, from time to time, be determined by the Board of Supervisors;
and such transfer fee shall not be returned, whether or not the transfer
or assignment of the license is authorized. Such written request must
be submitted at least 60 days prior to the date the transfer is expected
to be effective.
[Ord. No. 11-11-2014,
11/11/2014]
The Board of Supervisors shall suspend any license issued hereunder
upon failure of any licensee to comply with, or for violation of any
provision, standard or requirement of this Part 2A. The Township shall
notify the licensee, in writing of any sections or sections of this
Part 2A which the Township or its representative believes to have
been violated. Any notice provided for herein shall also identify
a reasonable period of time within which the licensee may enter into
compliance without prosecution. Any notice provided for in this section
may be served personally upon the licensee; or may be posted conspicuously
upon the property for which the license has been granted; or may be
posted conspicuously at the address of the licensee as shown on the
application; or may be sent to the licensee by certified or registered
mail to the address shown on the application.
[Ord. No. 11-11-2014,
11/11/2014]
Application fees, renewal fees, transfer fees and any other
fees shall be established, from time to time, by resolution of the
Board of Supervisors.
[Ord. No. 11-11-2014,
11/11/2014]
The Board of Supervisors may, from time to time, review or alter
the rules and regulations, the application form, renewal application
form, and any other forms reasonable and necessary to the proper and
effective administration of this Part 2A.
[Ord. No. 11-11-2014,
11/11/2014]
Permanent records of all recyclable materials received or removed
from any reclamation facility shall be kept by the licensee on the
premises at all times, containing the name and address from whom received
and to whom delivered and the date thereof, along with a description
of the materials. The records shall be made available to any law enforcement
officer upon request.
[Ord. No. 11-11-2014,
11/11/2014]
1.
It shall be unlawful for any person to violate any of the provisions
of this Part 2A.
2.
It shall further be unlawful for any person to establish, operate
or maintain a reclamation facility after a preliminary approval has
been granted but before a license has been issued. It shall be unlawful
for any person to misrepresent material facts in any application or
renewal application submitted under this Part 2A. It shall be unlawful
for any applicant or licensee to fail to notify the Township if said
licensee is ever cited by county, state, or federal authorities for
alleged violations of law, rules or regulations relating to the operation
of reclamation facilities.
[Ord. No. 11-11-2014,
11/11/2014]
The Supervisors, or any representative duly authorized by the
Board of Supervisors, shall be permitted to enter and inspect the
premises of any licensee or any applicant for preliminary approval
at any reasonable time and with no notice.
[Ord. No. 11-11-2014,
11/11/2014]
Any person, firm or corporation who shall violate any provision
of this Part2A, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $300, nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this Part 2A continues or each section of this Part 2A which shall
be found to have been violated shall constitute a separate offense.
[Ord. No. 11-11-2014,
11/11/2014]
The Board of Supervisors may, in their sole discretion, waive
a provision or requirement of this Part 2A under exceptional circumstances,
but only where the waiver will not distort the overall concept of
a regulated motor vehicle salvage facility as contained herein.
[Ord. No. 11-11-2014,
11/11/2014]
1.
BOARD OF SUPERVISORS
JUNK
JUNK DEALER
JUNKED MOTOR VEHICLE
JUNKYARD
LICENSEE
MOTOR VEHICLE SALVAGE FACILITY
MUNICIPALITY
PERSON
PRELIMINARY APPROVAL
PRELIMINARY APPROVAL OF A MOTOR VEHICLE SALVAGE FACILITY
SALVAGE YARD
SALVAGEABLE MOTOR VEHICLE
Except where otherwise indicated by context, the following definitions
shall apply in the interpretation and enforcement of this Part 2B.
Supervisors of Hemlock Township, Columbia County, Pennsylvania.
Scrap, copper, brass, rope, rags, batteries, paper, trash,
rubber debris, waste, iron, steel, and other old or scrap ferrous
or non-ferrous material, including wrecked, ruined, dismantled, abandoned,
non-operable, disabled or junked motor vehicles or parts thereof,
or motor vehicles no longer used as such.
Another name for "licensee."
Any motor-driven vehicle, regardless of size, which is incapable
of being self-propelled or is unable to move under its own power upon
the public streets of the Township or is incapable of being utilized
for its intended purpose; also included in this definition is any
trailer, semi-trailer or any other article which would be classified
as a vehicle under the Vehicle Code, 75 Pa.C.S.A. § 101
et seq. The term junked motor vehicle shall include any disabled,
abandoned, non-operable, nonregistered, wrecked, ruined or dismantled
motor vehicle.
Yard, lot or place covered or uncovered, outdoors or in an
enclosed building, containing "junk" as defined herein, upon which
principally occurs one of more acts of buying, keeping, dismantling,
processing, recycling, salvaging, selling or of for sale, any such
junk, in whole units or by parts for a business or commercial purpose,
or for the storage of two or more junked motor vehicles outside of
any building or enclosure, but shall not include a transfer station,
licensed or permitted by the Commonwealth of Pennsylvania or a recycling
center, licensed or permitted by the Township.
Any person, company or corporation holding a valid, current
license issues for the purpose of operating certain types of commercial
facilities in the municipality.
A property utilized commercially for buying, storing, dismantling,
processing, recycling, salvaging, and selling of the parts or motor
vehicles. This definition includes the land, or a portion of the land,
on which the facility is located, and the building, or buildings,
enclosed or partially enclosed, which are utilized for the storage
of parts and vehicles which are related to the operation of the facility.
The Township of Hemlock, Columbia County, Pennsylvania.
Any natural or other person, firm, partnership, association,
corporation, company or organization of any kind.
Approval of the application by the Supervisors which permits
the applicant to develop his yard as per the requirements of this
Part 2B. Preliminary approval does not permit the applicant to operate
the junkyard or accumulate junk in the approved location.
Approval of the application by the Township Supervisors which
permits the applicant to develop their property for the purpose of
the future operation of the property as a motor vehicle salvage facility
as per the requirements of this Part 2B. Preliminary approval does
not permit the applicant to commercially-operate the facility or to
accumulate any type of motor vehicles on the approved property.
Another name for "junkyard."
Any type of motor-driven vehicle, regardless of size, which
is no longer capable of being utilized for its intended purpose. This
definition also includes all types of trailers, or semi-trailers,
which would be classified as a vehicle under the Vehicle Code, 75
Pa.C.S.A. § 101 et seq. This definition shall also include
disabled, abandoned, non-operable, non-registered, wrecked, ruined
or dismantled motor vehicles.
[Ord. No. 11-11-2014,
11/11/2014]
1.
License Required. No person, company or corporation shall establish,
operate or maintain or permit to be established, operated or maintained
upon any property owned or controlled by the person, company or corporation,
a motor vehicle salvage facility within the limits of the Township
without having first secured a license from the Township. Such license
shall be issued by the Township, or its representative, in accordance
with this Part 2B.
2.
License with Multiple Locations. Any licensee establishing, operating
or maintaining a motor vehicle salvage facility at more than one location
shall be required to have in effect a separate license for each such
location.
3.
Licensing Period; Renewal; Posting. Each license issued pursuant
to this Part 2B shall be valid for a period of not more than one year
from the date of issuance. Each such license shall be subject to annual
renewal provided applicable fees, fines and penalties have been paid
and provided the facility continues to be operated and maintained
in accordance with the provisions of this Part 2B. A current license
shall be conspicuously displayed or posted upon the licensed facility
at all times.
[Ord. No. 11-11-2014,
11/11/2014]
1.
Every person seeking a license under this Part 2B shall make written
application to the Township on a form to be provided by the Township.
2.
The application shall include the following information:
A.
The name and address of the applicant, if the applicant is a natural
person: but if the applicant is another entity, the names and addresses
of all officers, directors, partners or natural persons having primary
responsibility for the lawful day-to-day operation of the motor vehicle
salvage facility.
B.
The names and addresses of the owner or owners of the land upon which
is to be utilized as a motor vehicle salvage facility.
C.
Written consent of the owner or owners of the property, if different
from applicant.
D.
A metes and bounds survey of the property showing the location of the property, together with a deed reference to the property, containing a layout of the proposed motor vehicle salvage facility, and showing sufficient detail to establish compliance with this Part 2B, and the Township Subdivision and Land Development Ordinance [Chapter 22] and all other applicable ordinances, laws and regulations. A motor vehicle salvage facility shall have a minimum of 10 acres and a maximum of 25 acres, and shall front on a public road or have access to a public road by a right-of-way of at least 20 feet in width. Where a proposed motor vehicle salvage facility fronts on or has access to a state highway, a commercial highway occupancy permit must be obtained from the Pennsylvania Department of Transportation.
E.
Plans and specifications for all fencing, water facilities, screening,
access driveways, sewage disposal system and stormwater management.
F.
Any other information, in any format and in as many copies, as the
Township may from time to time require.
[Ord. No. 11-11-2014,
11/11/2014]
1.
Any person wanting to establish, operate or maintain a motor vehicle
salvage facility within the Township must seek a preliminary approval
of an application by submitting an initial application and application
fee after which:
A.
The Board of Supervisors shall review the application and plans for
completeness and for compliance with this Part 2B, other Township
ordinances and regulations and, any state or federal laws or regulations.
B.
The Board of Supervisors shall inspect the site, taking into consideration
the suitability of the property proposed to be used for the purposes
of the license, the character of the properties located nearby, and
the effect of the proposed use upon the municipality, with specific
reference to the general health, safety and welfare of the public
and the residents of the Township.
C.
The Board of Supervisors, in its sole discretion, may hold a public
hearing on the application.
D.
The Board of Supervisors may impose, in addition to the general requirements
set forth in this Part 2B, such other terms and conditions as it may
deem necessary to carry out the spirit and intent of this Part 2B
and to effect the protection of the general health, safety and welfare
of the public and the residents of the Township.
E.
After completion of the above items, and the determination by the
Board of Supervisors that the applicant's plans and representations
comply with this Part 2B and all other applicable ordinances, laws,
rules and regulations, the Supervisors shall issue in writing a "preliminary
approval" of the site.
F.
Preliminary approval shall be in writing, and shall contain a statement
that the application and plans as submitted are acceptable to the
Board of Supervisors without modification: or shall contain a detailed
and itemized list of other terms, conditions and requirements which
must be met if the application is to be finally approved.
G.
Preliminary approval shall commit the Township to issue a license,
pursuant to this Part 2B, only after the site is, in fact, in complete
compliance with the terms of the preliminary approval and the requirements
of this Part 2B.
H.
A motor vehicle salvage facility shall not conduct business on the
site until a license is issued.
I.
It shall be solely the obligation of the applicant to communicate
to the Township, within the preliminary approval period, that the
site has been made to fully comply with this Part 2B and the terms,
conditions and requirements of the preliminary approval.
J.
Preliminary approval shall be valid for not more than six months,
after which, if the site is not in full compliance with this Part
2B and all other terms, conditions and requirements of the preliminary
approval, the preliminary approval shall be revoked by the Board of
Supervisors and the Township shall not thereafter be required to issue
a license automatically, at the expiration of six months.
[Ord. No. 11-11-2014,
11/11/2014]
After a license has been issued for a motor vehicle salvage
facility in order to continue the operation and maintenance of the
facility, the licensee shall be required to apply for license renewal
on a form to be provided by the Township. Such application for renewal
shall be filed with the Township within such time as to allow the
Township an opportunity for on-site inspection of the facility prior
to the date on which the license must be renewed; but in no event
shall the application be filed fewer than 60 days before the expiration
of the current license. The Board of Supervisors shall, from time
to time, establish rules and regulations governing the application
for and issuance of renewal licenses.
[Ord. No. 11-11-2014,
11/11/2014]
1.
The following general requirements shall apply to all motor vehicle
salvage facilities licensed in accordance with the provisions of this
Part 2B:
A.
Such premises shall at all times be maintained so as not to constitute
a nuisance or menace to the health, safety or welfare of the community
and maintained so as not to provide a breeding place for rodents or
vermin.
B.
No garbage or other organic waste shall be stored in open containers
on premises.
C.
All motor vehicles and vehicle parts shall be stored and arranged
so as not to interfere with natural drainage of the land and shall
be so stored and arranged as to prevent the accumulation of stagnant
water and to facilitate access for firefighting purposes.
D.
Maintenance shall be such that any adjacent stream or body of water
shall not be polluted or damaged by the drainage or dumping of organic
or inorganic waste materials or waste substances.
E.
All motor vehicles and vehicle parts shall be stored so they do not
exceed eight feet in height and arranged in a manner to permit easy
access to all such vehicles and vehicle parts for firefighting purposes.
F.
No combustible material of any kind not necessary or beneficial to
the licensed business shall be kept on the premises, nor shall the
premises be allowed to become a fire hazard.
G.
No oil, grease, tires, gasoline, tar, petroleum products, shingles
or other similar material or junk shall be burned within at the facility
at any time.
H.
The licensee shall permit inspection of the business premises by
the municipality or its appointed representative at any reasonable
time.
I.
Any property not provided for and approved by the Township with the
licensee shall not be utilized for any use related to the operation
of the licensed motor vehicle salvage facility.
J.
All oil, antifreeze, gasoline, transmission fluid and other vehicular
fluids shall be drained from all vehicles before such vehicles are
processed or stored at the facility and all such fluids shall be properly
containerized, stored, transported and disposed of in the manner or
manners prescribed by or consistent with the regulations promulgated
by the Pennsylvania Department of Environmental Protection in 25 Pa.
Code, Chapter 260a, relating to solid waste management, and in regulations
promulgated by the United States Environmental Protection Agency at
40 CFR, Subchapter 1, Parts 240-280, relating to solid waste, or any
other applicable laws or regulations pertaining to solid waste or
solid waste management.
K.
All tires not being used for a useful purpose must be covered by
a tarpaulin and not left exposed to the weather or enclosed within
a structure.
[Ord. No. 11-11-2014,
11/11/2014]
1.
The area utilized as a motor vehicle salvage facility shall be completely
enclosed with a solid board or metal fence or a mound of ground, with
a minimum height of eight feet: or by a screen of trees; or by a combination
of the above, as approved by the Board of Supervisors. All fences
and screening shall be of sufficient height to screen the facility
from view of adjacent properties and highways. All fences and screening
proposed must be approved by the Board of Supervisors, who may approve
such fencing or screening as may be deemed necessary in view of natural
contours, features and requirements. Tree screening utilized shall
follow the following guidelines:
A.
A minimum of two rows of trees, shrubs or other vegetation, not less
than 50% evergreen materials, shall be planted to produce the effective
visual barricade.
B.
At least two different species of trees, shrubs or other vegetation
shall be utilized. Selected species shall exhibit different tolerances
to insects and disease.
C.
Species selected must be capable of producing the effective visual
barrier, eight feet in height, within five years of planting.
D.
Prompt replacement of any dead species shall be required.
2.
The required fencing and screening shall be set back the following
minimum distance from the property line or street:
A.
Solid fencing: 25 feet from street right-of-way and 25 feet from
all property lines.
B.
Tree screening: 25 feet from the street right-of-way and 25 feet
from all property lines.
|
The area between the property line or street right-of-way and
the fence or tree screening shall be kept clean and vacant at all
times.
|
3.
All entrances and exits into, and from, the facility shall have gates which shall be closed and locked when the facility is not in operation. All entrances must meet the sight distance requirements of the Department of Transportation, the Township Subdivision and Land Development Ordinance [Chapter 22].
5.
It shall be the responsibility of the licensee to maintain the screening
established by it, doing such painting and repairs as to keep any
fences, wall or other structural material in good appearance. Plant
material shall be watered, pruned, cultivated and mulched, treated
for insect and disease control, and given any required maintenance
to keep all plants in healthy condition. Dead plants shall be removed
immediately and shall be replaced during the next spring or fall planting
season. Replacement plants shall be at least as large as the initial
plants and of the same species and quality, unless approval for substitution
is received from the Township.
6.
Failure to maintain screening shall result in the revocation of the
motor vehicle salvage facility license.
[Ord. No. 11-11-2014,
11/11/2014]
Any person wishing to extend or enlarge the area of an existing
motor vehicle salvage facility shall make application for new license
in accordance with the provisions of this Part 2B, and will be required
to comply with all provisions of this Part 2B as if he were applying
for a license for a new motor vehicle salvage facility.
[Ord. No. 11-11-2014,
11/11/2014; as amended by Ord. No.
03-09-2021, 3/9/2021]
A license issued under this Part 2B for a motor vehicle salvage
facility shall not be assigned or transferred to any other person
without the express written authorization of the Township Supervisors.
Any person wishing to transfer or assign such license shall make a
written request to do so, directed to the Board of Supervisors and
setting forth the name and address of the transferee and the date
the transfer is expected to be effective. Such written request shall
be submitted together with a transfer fee, the amount of which shall,
from time to time, be determined by resolution of the Board of Supervisors;
and, such transfer fee shall not be returned, whether or not the transfer
or assignment of the license is authorized. Such written request must
be submitted at least 60 days prior to the date the transfer is expected
to be effective.
[Ord. No. 11-11-2014,
11/11/2014]
The Board of Supervisors shall suspend any motor vehicle salvage
facility license issued hereunder upon failure of any licensee to
comply with, or to maintain compliance with, or for violation of any
provision, standard or requirement of this Part 2B. The Township shall
notify the licensee, in writing of any section or sections of this
Part 2B which the Township or its representative believes to have
been violated. Any notice provided for herein may also identify a
reasonable period of time within which the licensee may effect compliance
without prosecution. Any notice provided for in this section may be
served personally upon the licensee: or, may be posted conspicuously
upon the property for which the license has been granted; or, may
be posted conspicuously at the address or the licensee as shown on
the application; or, may be sent to the licensee by certified or registered
mail to the address shown on the application.
[Ord. No. 11-11-2014,
11/11/2014]
Application fees, renewal fees, transfer fees and any other
fees shall be established, from time to time, by resolution of the
Board of Supervisors.
[Ord. No. 11-11-2014,
11/11/2014]
The Board of Supervisors may, from time to time, review or alter
the rules and regulations, the application form, renewal application
form, and any other forms reasonable and necessary to the proper and
effective administration of this Part 2B.
[Ord. No. 11-11-2014,
11/11/2014]
Permanent records of all vehicles received or removed from any
motor vehicle salvage facility shall be kept by the licensee on the
premises at all times, containing the name and address from whom received
and to whom delivered and the date thereof, along with a description
of the vehicle and the vehicle's VIN number. These records shall at
all times be open to law enforcement officers.
[Ord. No. 11-11-2014,
11/11/2014]
1.
It shall be unlawful for any person to violate any of the provisions
of this Part 2B.
2.
It shall further be unlawful for any person establish, operate or
maintain a reclamation facility after a preliminary approval has been
granted but before a license has been issued. It shall be unlawful
for any person to misrepresent material facts in any application or
renewal application submitted under this Part 2B. It shall be unlawful
for any applicant or licensee to fail to notify the Township is said
licensee is ever cited by county, state, or federal authorities for
alleged violations of law, rules or regulations relating to the operation
of motor vehicle salvage facilities.
[Ord. No. 11-11-2014,
11/11/2014]
The Supervisors or any one of them or any representative duly
authorized by the Board of Supervisors, shall be permitted to enter
and inspect the premises of any licensee or any applicant for preliminary
approval at any reasonable time and with no notice.
[Ord. No. 11-11-2014,
11/11/2014]
Any person, firm or corporation who shall violate any provision
of this Part 2B, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $300, nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this Part 2B continues or each section of this Part 2B which shall
be found to have been violated shall constitute a separate offense.
[Ord. No. 11-11-2014,
11/11/2014]
The Board of Supervisors may, in their sole discretion, waive
a provision or requirement of this Part 2B under exceptional circumstances,
but only where the waiver will not distort the overall concept of
a regulated motor vehicle salvage facility as contained herein.
