The purpose of this chapter is to provide for the health, safety and welfare of the Township, including protection of children by regulation of junkyards and the junk dealers. This chapter is intended to supplement land use and development provisions of Chapter 295, Subdivision and Land Development, and of any zoning ordinance which the Township may adopt.
[HISTORY: Adopted by the Board of Supervisors of the Township of Southampton 7-10-1989 by Ord. No. 89-2. Amendments noted where applicable.]
As used in this chapter, the following words shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise:
The Board of Supervisors of the Township.
Discarded materials, articles or things of no value or possession value in part, gross or aggregate, and held for resale, including but not limited to scrapped motor vehicles and parts thereof, including motors, bodies of motor vehicles and vehicles which are inoperable, unusable and do not have a current and valid inspection stickers as required by the motor vehicle laws of the Commonwealth of Pennsylvania, but not including garbage or other organic waste or farm machinery, provided said farm machinery is used in connection with a farming operation.
Any person engaged in the business or activity of selling, buying, maintaining, dealing in, storing, and trafficking in junk, including but not limited to junked, scrapped or abandoned motor or other vehicles or parts removed from such vehicles; or otherwise engaged in business or activity of a junkyard or automobile graveyard as provided in 53 P.S. § 66532, as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any place where the activity of storing or accumulating junk occurs or where the business of selling, buying or dealing in junk is carried on or where five or more motor vehicles are stored which are unlicensed, inoperable, and do not have current and valid inspection stickers as required by the Vehicle Code[1] and other laws of the Commonwealth of Pennsylvania.
Any natural person, association, partnership, firm or corporation or authority or municipality. Singular shall include plural and masculine shall include feminine and the neuter.
Notice to person of date, time and subject matter of proceedings concerning person or of determination or action concerning person, to be sent by certified mail.
Notice published once in newspaper of general circulation in Township at least 10 days prior to hearing, stating time and place of hearing and nature of matter to be considered.
The Township of Southampton, Cumberland County.
On and after the effective date of this chapter, no person shall engage or continue to engage in activity or business as a junk dealer or engage in activity of establishing or operating or maintaining a junkyard in the Township except as authorized and licensed under this chapter.
Application for license shall be made, in writing, under oath in form prescribed by the Board and shall contain the name of the applicant and all owners or interested parties, their addresses, address of premises upon which activity or business is to be conducted or junkyard established or operated, name of owner or owners of said property if other than applicant, and, upon subsequent applications, a statement that applicant, during preceding term of license, did comply with and did maintain the premises in compliance with the provisions of this chapter. Application shall describe premises upon which junkyard is to be established or operated, specifying thereon the zoned land use, if any, setback lines, parking requirements, structures erected thereon, dwellings erected upon premises adjacent to the premises proposed to be used, and deed book reference. Corporate applicant shall provide name and address of all officers. The application shall be signed by applicant if individual, by all members if partnership or association, and by president and secretary if corporation. Separate application shall be required for each junkyard.
Every junk dealer shall pay an annual license fee of $100 and $50 for each annual renewal thereafter. The license is to be issued for the term of one year beginning September 1 and ending August 31. No abatement of license fees shall be made for any cause. The licenses must be renewed annually on or before the first day of September. Such license shall be issued on condition that the same may, upon hearing with personal notice, be revoked in the event a licensee is found to have given false information or in anyway misrepresent facts upon which the Board has relied in considering or granting the license. No refund shall made. The license fee shall be prorated quarterly.
Board, upon receipt of application for license under this chapter, shall determine whether, in accordance with this chapter, license shall be issued or a renewal thereof granted after an examination of the application; and whether applicant complies with the Solid Waste Management Act[1] and laws and regulations of state and federal agencies regulating activities subject to this chapter. The Board may hold a public hearing upon any application or renewal application after public notice. Upon approval of application for license, the Board shall issue applicant a license with name of junk dealer and address of premises approved as junkyard. Such license shall be at all times conspicuously posted upon the premises licensed and shall not be transferable or assignable by agreement, will, intestacy or otherwise.
Junkyards in existence prior to this chapter may continue to exist and shall be entitled to issuance of an initial license as hereinafter provided, but shall come into complete compliance with the requirements of this chapter not later than August 31, 1990, unless otherwise specifically provided.
Junkyards may be located and junk dealers may operate only in areas zoned for such use.
Junkyards must comply with all provisions of Chapter 295, Subdivision and Land Development, and with the provisions of any zoning ordinance which may be adopted by the Township.
No license or renewal thereof shall be issued to any person who has been twice convicted of a violation of any of the terms or provisions of this chapter, and/or any state law relating to activities of junk dealers, junkyards or solid waste, within any one license period of one year, until expiration of one year from date when last violation or violations charged has been corrected or abated.
Every licensee shall maintain licensed premises and comply with below provisions:
A.
Premises shall at all times be maintained so as to not constitute a nuisance or a menace to the health and welfare of the community or to residents nearby and shall not constitute a place for breeding of rodents and vermin.
B.
No garbage or other organic waste shall be stored on such premises.
C.
Manner of storage arrangement and drainage facilities of premises shall be such as to prevent accumulation of stagnant water upon licensed land and to facilitate access for inspection purposes and firefighting.
D.
No junk shall be stored or accumulated within 100 feet of any existing dwelling house erected upon premises adjacent to licensed premises nor within 40 feet of any public street or highway within the Township. Such restrictions shall be in addition to and subject to any more restrictive setback requirements of Chapter 295, Subdivision and Land Development, and any zoning ordinance which may in the future be adopted by the Township. Existing structures pertaining to and being used in connection with junkyards presently established and operating shall not be subject to this provision, but all improvements, modifications and alterations of said structures and the storage or accumulation of all junk shall be subject to this provision.
E.
Junkyards located within 500 feet of public highways or streets or any existing residential dwelling house owned by any person other than the junk dealer shall be enclosed by a structure consisting either of a metal chain-link fence constructed of heavy duty steel and supported upon steel posts of a solid masonry or metal wall of a uniform design and texture. The structure shall comply with and be controlled by setback provisions of Chapter 295, Subdivision and Land Development, of the Code of Southampton Township and any zoning ordinance which may be adopted by the Township. The structure shall not be less than five feet in height nor shall two or more vehicles or major parts thereof be stacked on top of one another or otherwise so as to protrude above the structure. For any junkyards in existence at the time this chapter is adopted, erection of the above-described structure shall be completed not later than August 31, 1991. For all other junkyards, structure shall be erected prior to application or approval of application may be made subject to completion of structure prior to commencement of activity or business. The Board may extend the time for compliance with provisions for structure due to bona fide reasons, such as availability of fencing materials. The structure requirements are applicable only to that portion or premises immediately used for storage of junk.
F.
Screening.
(2)
Or other similar vegetation approved by the Board as equivalent in growth and shading characteristics. Trees shall be planted in two rows 16 feet apart in each row and alternating eight feet apart and four feet on center, except for hemlocks which shall be eight feet apart and four feet on center.
(3)
The trees when planted shall be at least three feet in height from the ground. The trees shall be maintained in good health and replaced as required in order to achieve a screening effect within five years. The Board, from time to time, may establish rules and regulations for purposes of implementing this subsection. Any junkyards in existence at the time this chapter is adopted shall not be required to comply with this subsection.
G.
To facilitate inspection and fire control, all junk shall be arranged and maintained in neat and orderly fashion with a minimum of 20 feet of clear space between rows with each row to be no greater in width than 40 feet.
H.
Junk shall not be burned on premises upon any condition.
I.
No junk shall be stored or located near any river, stream, run, creek, irrigation ditch or any other natural watercourse within the distances established by regulations or determinations of the Commonwealth of Pennsylvania, Department of Environmental Protection or other state agency as in violation of state law.
Application for license for existing junkyards shall be filed not later than August 31, 1990. The Township may, at its discretion, cause any junkyard to be inspected at reasonable times and the applicant or licensees shall, as a condition for approval of his application or renewal of his license, grant any person acting under authority of the Township the right to enter the premises for such inspection.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
If any provision, sentence, clause or section or part of this chapter is for any reason to be found unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not effect or impair any of the remaining provisions, sentences, clauses, paragraphs or sections or parts of this chapter. It is hereby declared that the intent of the Board is that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, paragraph, section or part thereof not been included herein.