[Ord. 4/17/1967, § 1]
This Part shall be known and may be cited as the "Township of
Valley Junkyard and Refuse Ordinance."
[Ord. 4/17/1967, § 2]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this Part to have the meanings herein
indicated:
The Board of Supervisors of the Township of Valley.
Any discarded material or article and shall include, but
not be limited to, scrap metal, scrapped, abandoned or junked motor
vehicles, machinery, equipment, paper, glass, lumber, containers and
structures. It shall not include, however, refuse or garbage kept
in a proper container for the purpose of prompt disposal.
Any person, as hereinafter defined, who shall engage in the
business of selling, buying, salvaging and dealing in junk in the
Township of Valley or who maintains and operates a junkyard within
the Township of Valley.
Any place where any junk as hereinafter defined is stored,
disposed of or accumulated.
The permit granted to a person who accumulates, stores or
disposes of junk as hereinbefore defined.
Any partnership, association, firm and corporation.
The Township of Valley, Chester County, Pennsylvania.
[Ord. 4/17/1967, § 3;
as amended by Ord. 96-9, 10/15/1996, § 1]
No person shall engage in business as a junk dealer or maintain
a junkyard without first having obtained a license, the fee for which
shall be such as is established by resolution of the Board of Supervisors.
The license shall be issued for the twelve-month period beginning
July 1 and ending June 30 for the following year and each license
must be renewed annually on or before the first day of July of each
year.
[Ord. 4/17/1967, § 4]
The license provided for in this Part shall be issued by the
Board after written application shall have been made therefor by the
person desiring to be licensed. Such license shall state the name
of the person to whom such license is issued and the premises on which
such business is to be conducted or such junkyard is to be maintained.
Such license shall be posted conspicuously upon the premises licensed
thereunder. The written application for license hereinabove mentioned
shall be accompanied by a form, every question of which must be answered,
which form will be supplied by the Board. Applicant shall also submit
therewith a plot plan of the premises used or to be used in connection
with such license.
[Ord. 4/17/1967, § 5]
Upon receipt of an application by the Board, the Board shall
issue a license or shall refuse to issue a license to the person applying
therefor after an examination of the application and taking into consideration
the suitability of the property proposed to be used for the purpose
of the license, the character of the properties located nearby and
the effect of the proposed use upon the Township, both economic and
aesthetic. In the event the Board shall issue a license it may impose
upon the license and the person applying therefor such terms and conditions
in addition to the regulations herein contained and adopted pursuant
to this Part as may be deemed necessary to carry out the spirit and
intent of this Part.
[Ord. 4/17/1967, § 6;
as amended by Ord. 99-5, 11/3/1999]
1.
The license fee shall be paid immediately upon the issuance or renewal
of a license. The amount of the license fee shall be calculated and
established, from time to time, by resolution of the Board of Supervisors,
as determined by the actual land to be used by the person to whom
the license is issued, excluding all setback areas.
2.
No license shall be issued for the use of a tract of land in excess
of 10 acres, excluding setback areas.
[Ord. 4/17/1967, § 7]
No person licensed under this Part shall, by virtue of one license,
keep more than one place of business within the Township or maintain
more than one junkyard for the purpose of buying, selling and dealing
in junk. No person shall engage in business as a junk dealer in any
place other than the place designated upon his license or maintain
a junkyard in any place other than the place designated upon his license.
[Ord. 4/17/1967, § 8]
No license issued by the Board shall be transferable by the licensee to any other person unless such transfer is authorized by the Board. Any person desiring to transfer his license shall notify the Board in writing, which notification shall be accompanied by an application for a license, as described in § 13-204 of this Part, by the proposed transferee.
[Ord. 4/17/1967, § 9;
as amended by Ord. 99-5, 11/3/1999]
In the event the Board shall approve the transfer of a license,
the transferee shall immediately pay to the Township a transfer fee
in an amount as established, from time to time, by resolution of the
Board of Supervisors.
[Ord. 4/17/1967, § 10]
Every person licensed under this Part shall provide and shall
constantly keep a book in which shall be fairly written down in the
English language at the time of the purchase of any junk a description
of every article or material purchased or received by him, the date
and hour of such purchase and the name of the person from whom such
article or material was purchased, received or handled by such person.
Said record shall at all times be subject to the inspection of any
official of the Township.
[Ord. 4/17/1967, § 11]
Every person licensed under this Part shall keep and retain
upon the licensed premises for a period of 48 hours after the purchase
or receipt thereof all junk received or purchased by him and he shall
not disturb or reduce the same or alter the original form, shape or
condition until such period of 48 hours shall have elapsed.
[Ord. 4/17/1967. § 12;
as amended by Ord. 73-4, 9/14/1973]
1.
Every person licensed under this Part shall constantly maintain the
licensed premises in accordance with any special provisions imposed
by the Board and in the manner prescribed by this section and 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 of residents
nearby or a place for the breeding of rodents and vermin.
B.
No garbage or other organic waste shall be stored in such premises.
C.
Whenever any motor vehicle shall be received in such premises as
junk, all gasoline and oil shall be drained and removed therefrom.
Gasoline in an amount not exceeding 10 gallons may be stored above
ground in said junkyards, provided the same be placed in containers
approved by the Board. All other gasoline which is kept in the premises
shall be stored underground, which underground storage must be approved
by the Board.
D.
The manner of storage and arrangement of junk 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
purposes.
E.
All junk kept, stored or arranged on the licensed premises shall at all times be kept, stored and arranged within the junkyard as described in the application for license hereunder and as limited under Subsection 1D above.
F.
The burning of vehicles, or of parts of vehicles, by licensees is
prohibited.
[Amended by Ord. No. 2008-08, 6/3/2008]
G.
The premises to be licensed shall be set back a minimum distance
of 25 feet from the right-of-way lines on all streets or roads and
a minimum distance of 25 feet from all other property lines. The area
between the setback line and the right-of-way line and all streets
and roads and all other property lines shall be at all times kept
clear and vacant.
H.
When the Board shall deem it necessary and desirable, the premises
to be licensed shall be enclosed at the setback lines by a fence of
type and style to be determined by the Board or by evergreen screen
plantings or both. The Board may set forth the fence and planting
requirements at the time of the issuance of a license or at the time
of renewal or transfer of a license.
I.
It shall be no defense to any person prosecuted under this Part in
a summary proceeding that the burning of the prohibited materials
or the burning during prohibited hours was due to accidental circumstances.
[Ord. 4/17/1967, § 3;
as amended by Ord. 96-4, 5/7/1996, § 13; by Ord. 97-2, 3/18/1997, § 13; and by Ord. 99-7, 11/3/1999, § 12]
Any person who shall violate any provision of this Part shall
be guilty of a summary offense punishable by a fine not to exceed
$1,000, together with all court costs and reasonable attorney's fees
incurred in any such enforcement proceeding, and may be further punished
by imprisonment to the extent permitted by law for summary offenses.
Each day that a violation continues may be considered a separate offense.
[Ord. 4/17/1967, § 14]
In addition to the remedies provided for in § 13-213 above, any continued violation of this Part, which shall constitute a nuisance in fact or which shall in the opinion of the Board constitute a nuisance, may be abated by proceeding against the violator in a court of equity for relief.
