[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Windsor 5-13-2010 by Ord.
No. 2010-01. Amendments noted where applicable.]
This chapter shall be known as "The Lower Windsor Township Junk
Dealer, Junkyard and Scrap Yard Ordinance."
Except where otherwise indicated by context, the following definitions
shall apply in the interpretation and enforcement of this chapter:
Supervisors of Lower Windsor Township, York County Pennsylvania.
A freestanding structure designed to restrict both movement
across a boundary and visibility of the interior of the fenced property.
Scrap, copper, brass, rope, rags, batteries, paper, trash,
rubber debris, waste iron, steel, and other old or scrap ferrous or
nonferrous material, including wrecked, ruined, dismantled, abandoned,
nonoperable, disabled or junked motor vehicles or parts thereof, or
motor vehicles no longer used as such.
Another name for a "licensee."
Yard, lot or place, covered or uncovered, outdoors or in
an enclosed building, containing "junk" as defined herein, upon which
principally occurs one or 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 six or more junked motor vehicles outside
of any building or enclosure, but shall not include a transfer station
or a recycling center.
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, semitrailer or any other article which would be classified
as a vehicle under the Vehicle Code of Pennsylvania. The term "junked
motor vehicle" shall include any disabled, abandoned, nonoperable,
nonregistered, wrecked, ruined or dismantled motor vehicle, or not
in condition for legal operation on public highways.
Any person holding a valid, current license issued pursuant
to this chapter.
The Township of Lower Windsor, York 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 junkyard as per the requirements of this
chapter. Preliminary approval does not permit the applicant to operate
the junkyard or accumulate junk in the approved location.
Another name for "junkyard."
The Township of Lower Windsor, York County, Pennsylvania.
A.
License required. No person shall establish, operate or maintain
or permit to be established, operated or maintained upon any property
owned or controlled by him, a junkyard 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 chapter.
B.
Licensee with multiple locations. Any licensee establishing, operating
or maintaining a junkyard at more than one location shall be required
to have in effect a separate license for each such location.
C.
Licensing period: renewal; posting. Each license issued pursuant
to this chapter 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 junkyard continues to be operated and maintained
in accordance with the provision of this chapter. A current license
shall be conspicuously displayed or posted upon the licensed junkyard
at all times.
Every person seeking a license under this chapter shall make
written application to the Township on a form to be provided by the
Township. 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 address
of all officers, directors, partners or natural persons having primary
responsibility for the lawful day-to-day operation of the junkyard
or scrap yard.
B.
The names and addresses of the owner or owners of the land upon which
the junkyard is to be laid out.
C.
A notarized written consent from the owner or owners of the property,
if different from applicant. The property owner and applicant will
share responsibility of ensuring that the junkyard is operated and
maintained in accordance with this chapter.
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 junkyard, and showing sufficient detail to
establish compliance with this chapter, and all other applicable ordinances,
laws and regulations. A junkyard or scrap yard 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 junkyard fronts on or has access
to a state highway, a commercial highway occupancy permit must be
obtained from the Pennsylvania Department of Transportation and a
copy filed with the Township before a license can be issued.
E.
Evidence of an approved land development plan.
F.
Plans and specifications for all fencing, water facilities, screening,
access, driveways, existing buildings, sewage disposal system and
stormwater management.
G.
Copies of all other permits and licenses held by the operator at
this facility.
H.
A description of what will be stored or salvaged on the premises
and the time of operation.
I.
Estimated type and number of vehicles entering and exiting the premises
on a daily basis.
J.
A written plan describing how all fluids and special waste will be
stored and how disposal of those items will be accomplished; further,
the application will describe methods for the storage and disposal
of batteries and tires. The storage and accumulation of tires will
not exceed the guidelines set forth by Pennsylvania Department of
Environmental Protection (PA DEP).
L.
Any other information, in any format and in as many copies, as the
Township may from time to time require.
Any person wanting to establish, operate, or maintain a new
junkyard within the Township after the effective date of this chapter
must seek a preliminary approval of an application by submitting an
initial application and application fee after which:
A.
The Board of Supervisors or its designated agent shall review the
application and plans for completeness and for compliance with the
chapter, other Township ordinances and regulations and, any state
or federal laws or regulations.
B.
The Board of Supervisors or its designated agent 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 may impose, in addition to the general requirements
set forth in this chapter, such other terms and conditions as it may
deem necessary to carry out the spirit and intent of this chapter
and to effect the protection of the general health, safety, and welfare
of the public and the residents of the Township.
D.
After completion of the above items, and the determination by the
Board of Supervisors that the applicant's plans and representations
comply with this chapter and all other applicable ordinances, laws,
rules and regulations, the Supervisors shall issue in writing a "preliminary
approval" of the site.
E.
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 modifications; 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.
F.
Preliminary approval shall commit the Township to issue a license,
pursuant to this chapter, only after the site is, in fact, in complete
compliance with the terms of the preliminary approval and the requirements
of this chapter.
G.
No new junkyard, scrap yard or junk dealer shall conduct business
on the site until a license is issued.
H.
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 chapter and the terms,
conditions and requirements of the preliminary approval.
I.
Preliminary approval shall be valid for not more than six months,
after which, if the site is not in full compliance with this chapter
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.
A.
After a license has been issued for a junkyard in order to continue
the operation and maintenance of such junkyard, the licensee shall
annually be required to apply for license renewal on a form to be
provided by the Township accompanied by a site plan showing any changes
to the junkyard. If no changes are made to the ownership, size or
nature of the existing junkyard a site plan submission may be waived
by the Code Enforcement Officer. 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 junkyard prior to the
date on which the license must be renewed; but in no event shall such
application be filed fewer than 60 days before the expiration of the
current license.
B.
Licenses become effective May 1 of any given year and expire April
30 of the following year unless suspended or revoked. Application
must be submitted by February 1 and inspected by March 1 of any given
year.
The following general requirements shall apply to all junkyards
licensed in accordance with the provisions of this chapter.
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 on premises.
C.
All junk 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. No junk shall be
stored within 50 feet of the top of bank of any stream or waterway.
E.
Junk shall be stored in piles within the enclosed area not exceeding
eight feet in height within 50 feet of screening or fencing line.
Junk shall be permitted to be piled not exceeding 12 feet in height
in the remaining area of the junkyard. Junk shall be arranged so as
to permit easy access to all such junk 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 a junkyard
at any time.
H.
The license shall permit inspections of the business premises by
the municipality or its appointed representative at any reasonable
time.
I.
Any person not provided for and approved by the Township with the
licensee shall not be utilized for junkyard operations. All junkyard
business/storage and location of employee and customer parking shall
be conducted within the screened portion of the property.
J.
The hours of operation of the junkyard shall be normal working hours
of a similar type of use but in no case shall operations begin before
6:00 a.m. prevailing time or extend beyond 7:00 p.m., prevailing time.
The area used for a junkyard shall be completely enclosed with
a solid wood board or chain-link metal fence with slat inserts to
block visibility, with a minimum height of 10 feet; or by a screen
of trees; or by a combination of the above, as approved by the Board
of Supervisors. Where a side, front or rear property line will be
within 500 feet of an existing residential dwelling or is common with
a previously subdivided residential lot, an evergreen screen shall
also be planted within the building setback area along that property
line. All fences and screening shall be of sufficient height to screen
the junkyard 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 fifty-percent evergreen materials, shall be planted to produce
the effective visual barricade. Species selected must be capable of
producing the effective visual barricade. Species selected must be
capable of producing the effective visual barrier, 10 feet in height,
within five years of planting. Prompt replacement of any dead trees
or shrubs shall be required.
B.
The required fencing and screening shall be set back the following
minimum distance from the property line or street:
(1)
Fencing: 25 feet from the street right-of-way and 10 feet from all
property lines.
(2)
Tree screening: 25 feet from the street right-of-way and 25 feet
from all property lines.
(3)
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.
C.
All entrances and exits into and from the salvage yard shall be improved in accordance with the applicable Township and road construction specifications, to their full width from the edge of the pavement into the first 25 feet of the access. Required gates shall be closed and locked when the yard is not in operation. All entrances must meet the site distance requirements of the Department of Transportation, and Chapter 410, Subdivision and Land Development.
D.
Sufficient on-site parking shall be provided for loading and unloading
vehicles and customer parking. In addition, one parking space for
each employee shall be provided.
E.
Not more than one sign no larger that three feet by four feet is
permitted on any portion of the gate or fence. Sign may include only
the name of the business and hours of operation.
F.
It shall be the responsibility of the junkyard owner or operator
to maintain the screening established by it, doing such painting and
repairs as to keep any fences, walls 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.
G.
Failure to maintain screening shall result in the revocation of the
junkyard license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A person wishing to extend or enlarge the area of an existing
junkyard shall make application for new license in accordance with
the provisions of this chapter, and will be required to comply with
all provisions of this chapter.
No license issued under this chapter 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.
A.
The Board of Supervisors may suspend any 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 chapter or the requirements of PA DEP or other regulatory state or federal
laws. The Township shall notify the licensee, in writing of any section
or sections of this chapter 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 correct existing violations 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.
B.
All junkyard licenses must be renewed annually. After the expiration
date of the license, the junkyard may operate under a provisional
license for up to six months. Licenses not renewed within six months
of the expiration date must file a new application for a junkyard
application.
Application fees, renewal fees, transfer fees and any other
fees shall be established, from time to time, by resolution of the
Board of Supervisors.
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 chapter.
A.
It shall be unlawful for any person to violate any of the provisions
of this chapter or to operate a junkyard in violation of the provisions
of this chapter or the license granted hereunder.
B.
It shall further be unlawful for any person to establish a junkyard,
scrap yard, or junk dealership after a preliminary approval has been
granted but before a license has been issued or to operate an existing
junkyard more than six months after the effective date of this chapter
if no license has been obtained.
C.
It shall be unlawful for any person to misrepresent material facts
in any application or renewal application submitted under this chapter.
D.
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 junkyards. Such citation may be used in the enforcement
of penalty provisions herein up to and including suspension or revocation
of the junkyard license. Such citation may be used in the enforcement
of the penalty provisions of this chapter up to and including suspension
or revocation of the junkyard license.
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 during business hours and with no
prior notice.
[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.
Ordinance No. 2002-04 is hereby repealed to the extent it is
inconsistent herewith.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is, for any reason, held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof. It is hereby
declared to be the intent of the Board of Supervisors that this chapter
would have been adopted had such unconstitutional, illegal, or invalid
section, subsection, sentence, clause, phrase or portion not been
included herein.
The Board of Supervisors may, in its sole discretion, waive
a provision or requirement of this chapter under exceptional circumstances,
but only where the waiver will not distort the overall concept of
a regulated junkyard as contained herein.
This chapter shall become effective five days after the adoption
thereof as provided by law.
