[HISTORY: Adopted by the Township Board of the Township of Egelston as Ch. 10, Art. III, of the 2006 Code of Ordinances. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
SALVAGE DEALER
Means any person who operates, occupies, owns, manages, or is employed in any salvage yard as defined in this section.
SALVAGE YARD
Means any place within the Township used for the acquisition, storage, selling or dismantling and disposing of salvage or refuse material of automobiles, trailers, vehicles, trucks, used rags, paper, metal, parts or products, machinery, appliances or any used personal tangible property. The term "salvage yard" includes premises described as an automobile dismantling yard or business, scrap yard, rag and metal yard, junkyard or the like.
A. 
Operation prohibited without license. No person shall operate or engage in the operation, occupancy or management of a salvage yard unless said salvage yard shall be licensed in accordance with this chapter and, as applicable, the laws of the state. Pursuant to this requirement:
(1) 
No license shall be issued for a period greater than one year or part thereof.
(2) 
Every license shall terminate on June 1 of each year, and application for renewal shall be made on or before said date.
(3) 
Application for license or license renewal shall be made to the Clerk of the Township who shall set before the Township board each and every application.
(4) 
In the case of application for licensing of a new facility, said application may be made to the Clerk of the Township at any time throughout the year. Within 60 days of receipt of a complete application, said Clerk shall transmit the application to the Township board for review and determination of approval or denial.
(5) 
In the case of renewal, it shall be the responsibility of each licensee to apply for renewal of the license no later than 45 days before June 1 of each year.
(6) 
No license may be transferred.
(7) 
It shall be the responsibility of the applicant to secure necessary state permits pursuant to the operation of a salvage yard. Failure to do so will result in violation of this chapter and revocation of the Township salvage yard license. Accordingly, the applicant must provide evidence that necessary state permits have been secured. To ensure compliance with this requirement, the Township shall adhere to the following policy:
(a) 
New salvage yard. A building permit, necessary for the construction of the salvage yard and associated structures, will not be issued until a copy of the state permit has been filed with the Township.
(b) 
Existing salvage yard. A copy of the yard's current, unexpired, state permit must be submitted at the time of license renewal.
B. 
Fees and administration. Fees, the form of application, and other mechanics of administration shall be provided for in resolution by the Township board.
C. 
Applications. Applications for salvage yard licenses and for renewals thereof shall be in writing and shall be directed to the Clerk of the Township. Applications shall be made on a form provided and prescribed by the Township board, which form shall refer to this chapter. The application shall contain information as the Township board may lawfully consider relevant to the operation of salvage yards and the standards, rules and regulations set forth herein. Any application that omits information or misrepresents same shall be considered void, and the submission of such an application shall be considered grounds for revocation of any license. The application, in addition to requiring said information, shall contain a statement that the applicant will abide by the terms, standards, rules and regulations of this chapter if granted a license.
D. 
Investigation of applicant and site. Upon receipt of an application for salvage yard license or license renewal by the Clerk of the Township, the same shall be referred to the Township board, which shall direct the Building Official or his designee as approved by the Township board to make a full and complete investigation of the applicant and the site that the applicant proposes to use in the salvage yard business. The investigating person may call upon any police, fire, state or other official agency for assistance in the investigation and may receive and present recommendations from any agency concerned with either the applicant or the premises upon which the applicant proposes to carry on or continue a business or activity of operating a salvage yard.
E. 
Payment of personal property taxes. As a requirement of approval or renewal of a salvage yard license, payment of all personal property taxes shall be current as of the most recent taxing period for which personal property taxes are due.
A. 
Any license issued under this chapter may be suspended or revoked by action of the Township Board after hearing held with notice given to the licensee before the Township Board, in the event of violation hereof. The Board through the Clerk of the Township shall issue its notice of hearing and state in a bill of particulars or with the notice the basis upon which the Board has determined that a hearing should be held, and state with particularity the charges made against the licensee. The licensee shall be afforded an opportunity for a hearing with or without counsel, which hearing shall be held in accordance with the Open Meetings Act of the state[1]. After hearing all the evidence presented concerning the charges set forth against the licensee, the Township board shall determine whether or not to suspend, up to two years, or revoke the license, and in connection with its decision, shall issue written reasons therefor.
[1]
Editor's Note: See M.C.L.A. 15.261 et seq.
B. 
In the event that a license is revoked, no new license shall be issued to the licensee or his or its successors in interest at the said location or in the Township for a period of two years from the date of said revocation.
C. 
In the event that the Township board so determines, it may attach special conditions to the license as a means of continuing the license in effect, provided said special conditions are reasonably related to effecting compliance of the licensee with the standards set forth in this chapter.
D. 
Any decision by the Township board in connection with a license hearing shall reflect and refer to the standards, rules and regulations set forth herein.
A. 
All licensees shall comply with the standards and regulations in this section governing the operation of salvage yards and shall further demonstrate their ability to comply with same prior to the issuance of any license.
B. 
No salvage yard shall be operated so as to create a nuisance by reason of noise, disagreeable odors, fumes, filth or loose debris.
C. 
A salvage yard shall be maintained in an orderly and safe manner and located within the enclosed area required by this chapter. All materials shall be placed in rows and/or piles in such a fashion as to provide sufficient space to accommodate the access and maneuvering requirements of firesafety personnel and equipment. In determining the size and spatial arrangement of said access and maneuvering space, the licensee shall consult with the Township Fire Chief who shall provide recommendations that shall be incorporated into the site plan and actual layout of the salvage yard. Said recommendations shall be based on Township fire code standards as applicable to the type of salvage yard operation and materials stored and/or processed.
D. 
No open burning of salvage material shall be allowed. The open burning of brush, leaves and similar material may be allowed, provided necessary burning permits have been secured from the county health department and the Township.
E. 
All storage and operations of any kind shall be carried on within a completely enclosed area screened and fenced from view from any point outside the fence, and no salvage materials placed in the salvage yard shall be openly visible to properties located within nonindustrially zoned districts from any place outside the screen or fence. The fence shall be at least eight feet and no more than 10 feet as measured from ground level, shall be of sturdy single-colored material, and shall be kept in good repair. All fencing shall be designed and constructed to withstand snow and wind loads common to the area. In addition to the required fencing, a landscape buffer shall be placed between the salvage fence and any abutting parcel that is not zoned industrial. At a minimum the landscape buffer shall meet the following standards:
(1) 
The buffer shall be 20 feet in width and may be included as part of the yard requirements as specified within Chapter 450, Zoning.
(2) 
Within the buffer area, evergreen trees of at least five feet in height shall be planted no less than 12 feet apart, and no less than five feet from the outside boundary of the buffer. Said trees shall be of a variety capable of sustaining extended periods of drought. The height of trees at time of planting shall be measured from the top of the root ball to the mid-point of the leader. All ground areas shall be maintained in grass or other approved ground cover, and nothing shall be stored in the buffer. Existing vegetation within the buffer area may be substituted for the above requirements, provided it can be demonstrated that said vegetation is of a similar density and size and provides a comparable screening effect.
(3) 
An earth berm may be substituted for the buffer area. The said berm shall be at least 10 feet wide at its base and three feet in height, not including vegetation. Said berm shall not exceed a three to one slope, shall be covered with grass or other approved ground cover, and shall have evergreen trees as above described no less than 20 feet apart throughout its entire length. At the time of planting the said trees shall be no less than four feet in height as measured from the top of the root ball to the mid-point of the leader. Trees shall be planted on the slope of the berm that faces the nonindustrial district or on the top of the berm.
F. 
No materials shall be stored in a manner likely to endanger the health or safety of any person or persons. All materials stored in the premises shall be stored in such a way that access and inspection to same is available to any enforcement personnel.
G. 
Paving or bituminous concrete shall be provided to accommodate the circulation and parking of customers and employees.
H. 
Each salvage yard shall have a permanent office building for the transaction of business, which shall be erected in accordance with the applicable Township construction codes.
I. 
Every salvage yard and person responsible for the operation of the salvage yards shall file all reports required by the state on a timely basis.
J. 
Removal and storage of liquids.
(1) 
The removal of any liquid or fluid from vehicles, appliances or other equipment or goods brought into the salvage yard shall be accomplished on a ground surface protective device incorporating a collection and retention system such that said fluids and liquids shall not discharge into the soil beneath or adjacent to the said device. Said liquids and fluids shall include antifreeze, water, gasoline, oil, lubricants, sealers, grease, cooling and heating fluids, or other liquids and fluids of any kind. In the event the above said vehicles, appliances or other equipment or goods are not to be drained of all liquids or fluids at the time of entry into the salvage yard, said vehicles, appliances or other equipment or goods shall be properly maintained so as to prevent any leakage of liquids or fluids onto the ground surface.
(2) 
All such liquids and fluids after removal but before shipped from the premises shall be stored in leakproof tanks that must be constructed and maintained to prevent the escape of any such liquid and fluid. Said tanks shall be located a minimum of 50 feet from any property line. All tanks, including any mechanism or device associated therewith, shall be located on a ground surface protective device designed to capture loss of liquids and fluids as a result of a tank leak or during transfer of liquids and fluids. Underground storage tanks shall be permitted subject to compliance with all state and federal regulations.
(3) 
Inspections.
(a) 
The surface protective device and all removal and storage systems associated with the collection, storage and removal of liquids and fluids may be subject to inspection by Township personnel at any time. Pursuant to the inspection, the Township may retain the services of a state registered professional, or other expert, to assist in said inspection. The inspection shall include a visual examination of the system to determine that:
[1] 
All connections, seals, aboveground storage tanks and other system components shall possess no visible evidence of leakage.
[2] 
The ground surface protective device shall possess no visible evidence of unsealed cracks or other openings or conditions which would potentially allow the escape and subsequent penetration of liquids or fluids to the ground surface.
[3] 
All system components associated with the removal or transfer of fluids or liquids have been designed, are properly located, and are adequately functioning so as to prevent the spillage of said fluids or liquids onto the ground surface.
[4] 
All components of the system have been properly maintained.
[5] 
Other areas of the salvage yard, including materials located thereon, may also be inspected to determine that any materials retaining liquids or fluids have been properly secured so as to prevent the spillage of said liquids or fluids onto the ground surface.
(b) 
If, in the opinion of the Township as based on the above inspection or other information, it is determined that the liquid or fluid collection, storage and transfer system is not functioning as required by this chapter and/or that materials stored on site exhibit evidence of leakage onto the ground surface, the salvage dealer shall take immediate steps to correct all deficiencies including, if necessary, the removal and replacement of contaminated soils, installation of a purging system to remove contaminated groundwater, and other such action as necessary to restore the site to acceptable state and federal environmental standards. Until corrective measures have been completed, the Township may require the salvage dealer to cease all or portions of the salvage operations.
(4) 
The salvage yard shall maintain a listing of the liquids and fluids stored on-site. Said list shall be made available to the Township upon request.
(5) 
As a requirement of license renewal, the applicant shall provide certification that the liquid and fluid collection, storage and transfer system is operating properly pursuant to the containment of said liquids and fluids as required by this chapter and applicable state and federal regulations.
K. 
Pre-existing salvage yards.
(1) 
Salvage yards and persons licensed to operate salvage yards under previous ordinances shall take immediate steps to prevent the leakage of said liquids and fluids into the ground. Within two years of the effective date of the ordinance from which this chapter is derived, all salvage yards licensed under previous ordinances shall comply with Subsection J of this section pursuant to the removal and storage of fluids and liquids.
(2) 
Salvage yards existing prior to the effective date of the ordinance from which this chapter is derived, either as a legal nonconforming use under the nonconforming provisions of Chapter 450, Zoning, or as a use covered by an approved site plan issued under the provisions of Chapter 450, Zoning, may be continued without meeting the standards of Subsections E, H and I of this section pursuant to fence height, provided:
(a) 
Salvage yards falling under the control of a site plan previously approved by the Township must be in full compliance with said plan at the time of permit renewal. The lack of compliance of the previously approved site plan at the time of permit renewal will require the entire salvage yard to meet all of the conditions of this chapter. Pursuant to a salvage yard meeting compliance with a previously approved site plan, it shall be permissible to extend, add, or alter buildings, parking and circulation, and storage areas, provided:
[1] 
Said extension, addition, or alteration shall be confined to within the geographic area identified on the site plan as the designated area for conducting salvage yard operations, including areas specifically denoted for use or placement by buildings, parking and circulation, and storage.
[2] 
That where feasible and practicable, attempts shall be made to meet the requirements of Subsection E pursuant to fence height.
[3] 
Other requirements of this chapter shall be met.
[4] 
Any expansion of the site beyond that covered by an approved site plan shall meet all of the standards of this chapter as determined by the Township to be applicable to said expansion as based on the location and proposed use of said expanded area.
[5] 
Any site expansion shall be considered an amendment to the approved site plan.
(b) 
Salvage yards existing prior to the effective date of the ordinance from which this chapter is derived and not covered by an approved site plan, and considered a legal nonconforming use under the provisions of Chapter 450, Zoning, shall not be extended, added to or altered unless the entire salvage yard shall meet the standards of this chapter. Pursuant to this subsection, the salvage yard shall refer to that area encompassed by existing salvage material, commercial or industrial buildings associated with the salvage operation, and related vehicular circulation and parking system. It shall not mean the entire parcel owned or under the control of the salvage business unless said parcel is being utilized as indicated above.
(c) 
All other salvage yards must meet the standards of this chapter.
The following shall constitute violations of this chapter:
A. 
Operation of a salvage yard as defined herein without a license.
B. 
Operation of a salvage yard during the period when a license has been suspended or revoked.
C. 
Failure to comply with the standards and regulations of this chapter.
D. 
Failure to submit required design plans, certifications, or the failure to cure said omission upon demand of the Township.
E. 
Failure to pay required fees.
F. 
Failure to be current with payment of personal property taxes.
G. 
Failure to allow, or the intentional prevention of, any inspection by the Township personnel, including testing, observation and inquiries regarding the operation of the salvage yard.
H. 
The submission of applications or information to the Township that is untrue or misleading.
I. 
Each day any of the said violations continue shall be considered a separate violation.