[Ord. No. 1988-2, 12/13/1988]
This Part shall be known, and may be cited, as the "Forward
Township Salvage Dealer and Salvage Yard Ordinance."
[Ord. No. 1988-2, 12/13/1988]
Unless the context clearly indicates otherwise, the following
words or phrases shall be construed in this Part to have the meanings
below indicated:
The Board of Supervisors of Forward Township.
The permit granted to a salvage dealer.
A natural person, or an association, partnership, firm, corporation,
or other business entity.
Scrap, copper, brass, rope, rags, batteries, paper, trash,
rubber debris, waste, iron, steel and other old or scrap ferrous or
nonferrous material, including wrecked, scrapped, ruined, dismantled
or junked motor vehicles, or parts thereof, but not including farm
machinery, provided said farm machinery is used in connection with
a bona fide farm operation.
Any person, as hereinbefore defined, who establishes, maintains,
uses or operates a salvage yard, as hereinafter defined, within the
Township of Forward.
Any outdoor establishment or place of business or activity
which is maintained, used or operated for storing, keeping, buying
or selling salvage; for the maintenance or operation of a garbage
dump, sanitary landfill or scrap metal processor or for the storage
of 10 or more salvaged vehicles.
The use of any natural objects, plantings, embankments, fencing,
walls or structures, or a combination of any of these, which will
effectively hide any deposit of salvage so as not to be visible from
the road, street or highway, at all times of the year, by an occupant
of a motor vehicle viewing from a height of 4 1/2 feet above
the pavement.
Forward Township, Butler County, Pennsylvania.
[Ord. No. 1988-2, 12/13/1988]
No person shall engage or continue to engage in business as
a salvage dealer or establish or operate a salvage yard in the Township
except as authorized by this Part and without first having obtained
a license therefor from the Board. The license shall be issued for
a term of one year beginning January 1 and ending December 31 the
same year, and shall be renewed annually on or before the first day
of January of each year. Such license shall state the name of the
person to whom the license is issued and the location of the salvage
yard premises used, or intended to be used, and shall be posted conspicuously
upon such premises.
[Ord. No. 1988-2, 12/13/1988]
1.
Application for a license or any renewal thereof shall be made and
filed, in writing, by the proposed licensee with the Secretary of
the Board, on a form supplied by the Board. The application shall
include the following information:
A.
Name, address, and length of residence at such address of the applicant.
B.
Address of the premises upon which such business is to be conducted
or upon which such junkyard is to be established or operated.
C.
Name of the owner or owners of said premises if other than the applicant.
D.
Whether applicant has been convicted within a period of three years
prior to the filing of such application of any crime involving the
unlawful taking, receipt, use or other disposition of a motor vehicle,
or a part or parts thereof.
E.
Statement that applicant will comply with the provisions of this
Part and any regulations adopted pursuant to this Part.
F.
For renewal applications, statement that applicant, during the preceding
term of his license, complied with and maintained his premises in
conformity with the provisions of this Part.
2.
If the applicant is a partnership or association, the applicant shall
furnish the above information for every member thereof. If the applicant
is a business corporation, the applicant shall furnish the above information
for each officer and director thereof. The application shall be signed
by the applicant if an individual, by all members if the applicant
is a partnership or association, and by the President and Secretary
if the applicant is a business corporation.
[Ord. No. 1988-2, 12/13/1988]
The Board, upon receipt of an application for license under this Part, shall determine whether or not a license shall be issued or a renewal thereof shall be granted after an examination of the application and upon the fullest consideration of the suitability of the premises proposed to be used for the purposes of the license, the character of the property adjacent thereto and the effect of the proposed use, taking into consideration the health, welfare and safety of the residents of the Township and any potential hazard which may result to adjacent properties and structures thereon or to the citizens of the Township. No license shall be issued until the requisite license fee has been paid, as established in § 13-206 of this Part. Such license shall be issued upon the condition that the same may be summarily revoked in the event the licensee is found to have given any false information or in any way misrepresented any material fact upon which the Board or its duly authorized agent has relied in granting such license.
[Ord. No. 1988-2, 12/13/1988]
Every junk dealer shall pay an annual license fee for every
license or renewal thereof issued hereunder. No abatement of the annual
license fee shall be made for any cause whatsoever. No refund will
be given in the event of the revocation of a license fee by the Board.
The amount of the license fee shall be calculated in accordance with
the schedule, as established by resolution of the Board of Supervisors,
and by a determination of the amount of land to be used by the salvage
dealer for a salvage yard, excluding all setback areas.
[Ord. No. 1988-2, 12/13/1988]
No person licensed under this Part as a salvage dealer shall,
by virtue of one license, establish, maintain, use or operate more
than one salvage yard within the Township. No person shall engage
in business as a salvage dealer in any place other than the place
designated upon his license or maintain a salvage yard in any place
other than the place designated upon his license.
[Ord. No. 1988-2, 12/13/1988]
No license issued by the Board shall be transferable or assignable
by agreement, will, intestacy, or otherwise.
[Ord. No. 1988-2, 12/13/1988]
1.
Every salvage dealer licensed under this Part shall constantly maintain
the licensed salvage yard premises in the manner prescribed by this
section and by any subsequent regulations adopted by the Board.
A.
Such premises shall at all times be maintained so as not to constitute
a nuisance or a menace to the health of the community or to residents
nearby or a place for the breeding of rodents and vermin.
C.
Whenever any motor vehicle shall be received as salvage in the licensed
salvage yard premises, all gasoline shall be drained and removed therefrom.
D.
Salvage shall be stored and arranged in a neat and orderly fashion,
and the drainage facilities of the premises shall be such as to prevent
the accumulation of stagnant water upon the premises and to facilitate
access for firefighting and inspection purposes. There shall be at
least 16 feet of open space between each row of salvage. Salvaged
motor vehicles may be stored end to end (a double row) for purposes
of application of this spacing requirement.
E.
A salvage dealer licensed under this Part shall not burn more than
one motor vehicle or its equivalent at one time. No oil, grease, tires,
gasoline or other similar material that might be dangerous or tend
to produce noxious smoke or odors shall be burned within a salvage
yard at any time. Burning of vehicles must be attended and controlled
at all times.
F.
The salvage yard premises to be licensed shall be set back a minimum
distance of 25 feet from the right-of-way lines of all abutting streets,
roads or highways, a minimum distance of 100 feet from any existing
dwelling house erected upon premises adjacent to the licensed premises
but in any event not less than a minimum distance of 25 feet from
property lines of all adjacent properties, and a minimum distance
of 30 feet from any river, stream, run, creek, floodplain or other
natural watercourse in the Township. The area between the setback
line and such right-of-way lines, other property lines and natural
watercourses shall be at all times kept clear and vacant, free of
weeds, debris, and salvage, including any motor vehicle incapable
of meeting state inspection requirements.
G.
No gasoline, oil or any other hazardous liquid or substance shall
be stored less than a minimum distance of 100 feet from any river,
stream, run, creek, or other natural watercourse in the Township.
H.
In no event shall any salvage be kept, stored or accumulated on a
salvage yard premises, nor any structure be erected to be used in
connection with a salvage yard, within 500 feet of any existing church,
cemetery, school, playground, restaurant, motel or other place of
public use or accommodation, provided that nothing contained in this
subsection shall apply to existing structures used in connection with
salvage yards presently established and operating which are otherwise
in compliance with the provisions of this Part or to any salvage presently
kept, stored or accumulated thereon.
I.
Screening shall be provided for any salvage yard which is within 500 feet of the nearest edge of the right-of-way of an abutting public road, street or highway. Such screening shall be constructed, erected and/or maintained at a height of not less than six feet; shall be controlled by the setback provisions of Subsection F hereof; and shall be completed within 12 months after the effective date of this Part, provided that if, in the sole and exclusive opinion of a majority of the Board, it should appear that the owner and/or operator of a salvage yard situated within the Township has clearly demonstrated that he is making a continuing bona fide effort to comply with the screening provisions of this subsection, then and in such event the Board may, in its sole discretion, grant an extension of time to such owner or operator for the completion of such screening upon receipt of a written letter from the said owner or operator requesting such an extension of time.
J.
No two or more vehicles or major parts thereof may be stacked on
top of one another.
K.
A person licensed under this Part shall provide designated off-street
parking and loading facilities from a single entrance off any adjacent
street, road or highway, which facilities shall have, at a minimum,
a stone and gravel base, and which shall be of a size sufficient to
accommodate one parking space for the salvage dealer operating the
salvage yard and an additional space for each employee of such salvage
dealer, plus a sufficient number of additional spaces based upon the
estimated number of patrons or customers to be served, but in any
event not less than:
[Ord. No. 1988-2, 12/13/1988]
Every salvage yard premises maintained or proposed to be maintained
within the Township shall be subject to inspection during reasonable
hours of the day by any member of the Board or a duly authorized agent
thereof, who shall be and hereby is authorized to make regular inspections
of the salvage yard premises of every licensee or proposed licensee
hereunder for the purpose of determining whether said licensee has
maintained and operated or will maintain and operate his premises
in full compliance with the provisions of this Part and such further
regulations as may hereafter be adopted by the Township regulating
and licensing salvage dealers and the establishment and maintenance
of salvage yards. The Board or its duly authorized agent shall forthwith
prosecute any discovered violation of this Part.
[Ord. No. 1988-2, 12/13/1988]
Any person who violates any of the provisions of this Part shall,
upon conviction thereof by a summary proceeding, be sentenced to pay
a fine of not less than $100 nor more than $300 and shall be committed
to the Butler County Correctional Institution for a period of not
more than 90 days for each separate offense. Each day's violation
of any of the provisions of this Part shall constitute a separate
offense.
[Ord. No. 1988-2, 12/13/1988]
In addition to the remedies provided in § 13-211 above, any continued violations of this Part constituting a nuisance in fact or which shall, in the opinion of the Board, constitute a nuisance, may be abated as such by proceedings against the violator by action in equity or law.
