[HISTORY: Adopted by the Board of Supervisors
of the Township of Washington 12-5-1988 by Ord. No. 108. Amendments noted where
applicable.]
This chapter shall be known as the "Washington
Township Junk Dealer, Junkyard and Scrap Yard Ordinance."
Except where otherwise indicated by the context,
the following definitions shall apply in the interpretation and enforcement
of this chapter:
Supervisors of Washington Township, Franklin County, Pennsylvania.
Approval of the application by the Supervisors which permits
the applicant to develop his property as per the requirements of this
chapter. Conditional approval does not permit the applicant to operate
the junkyard or accumulate any junk in the approved location.
[Amended 11-16-2009 by Ord. No. 224]
Old iron, steel, brass, copper, tin, lead, other base metals;
old cordage, ropes, rags, fibers, or fabrics; old rubber, vinyl, plastic
or other synthetics; old bottles, or other glass; wastepaper or other
waste or discarded material which might be prepared to be used again
in some form; motor vehicles no longer used as such and to be used
for scrap metal or stripping of parts.
Another name for a licensee.
A lot, land or structure, or part thereof, used for the collection,
storage, and/or sale of wastepaper, rags, scrap metal, junk or discarded
materials, or for the collecting, dismantling, storage, and salvaging
of machinery or vehicles not in running condition, and/or for the
sale of parts thereof.
[Amended 11-16-2009 by Ord. No. 224]
Any person holding a valid, current license issued pursuant
to this chapter or any predecessor ordinance in the municipality.
The Township of Washington, Franklin County, Pennsylvania.
Any natural or other person, firm, partnership, association,
corporation, company or organization of any kind.
Another name for "junkyard."
Another name for "junkyard."
[Added 11-16-2009 by Ord. No. 224]
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 provisions 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 addresses 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.
Written consent of the owner or owners of the property,
if different from applicant.
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, Chapter 360, Zoning, Chapter 295, Stormwater Management, and all other applicable ordinances, laws and regulations.
E.
Plans and specifications for all fencing, water facilities,
screening, access driveways, sewage disposal system and stormwater
management.
F.
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 junkyard within the Township may seek a conditional approval
of an application by submitting an initial application and application
fee after which:
A.
The Board of Supervisors shall cause the manager to
review the application and plans for completeness and for compliance
with this chapter, other Township ordinances and regulations, and
any state or federal laws or regulations; and shall further cause
the manager to report his findings to the Board of Supervisors.
B.
The Board of Supervisors shall thereafter review the
application and may 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, in its sole discretion,
may hold a public hearing on the application.
D.
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 protections of the general
health, safety, and welfare of the public and the residents of the
Township.
E.
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 conditional
approval of the site.
F.
Conditional 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 modification; 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.
G.
Conditional 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 conditional
approval and the requirements of this chapter.
H.
No junkyard, scrap yard or junk dealer shall conduct
business on the site until a license is issued.
I.
It shall be solely the obligation of the applicant
to communicate to the Township, within the conditional approval period,
that the site has been made to fully comply with this chapter and
the terms, conditions and requirements of the conditional approval.
J.
Conditional 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 conditional approval, the conditional 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.
After a license has been issued for a junkyard
in order to continue the operation and maintenance of such junkyard,
the licensee shall be required to apply for license renewal on a form
to be provided by the Township. 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. The Board of Supervisors shall, from time to time,
establish rules and regulations governing the application for and
issuance of renewal licenses.
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 a 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 offal shall be stored in open
containers for more than 10 days on the premises.
C.
All junk shall be stored and arranged so as not to
interfere with natural drainage of the land and shall be such as to
prevent the accumulation of stagnant water and to facilitate access
for fire-fighting 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
therein.
E.
Junk shall be stored in piles not exceeding six feet
in height within 36 feet of the property line or 41 feet from the
street right-of-way line. Junk shall be permitted to be piled not
exceeding 16 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 fire-fighting 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 that might be dangerous or tend to produce obnoxious smoke
or odors shall be burned within a junkyard at any time. No burning
allowed in junkyards.[1]
H.
The licensee shall permit inspection of the business
premises by the municipality or its appointed representative at any
reasonable time.
I.
Any property not provided for and approved by the
Township with the licensee shall not be utilized for junkyard operations.
J.
All oil, antifreeze, gasoline, transmission fluid
and other vehicular fluids shall be drained from all vehicles before
such vehicles are removed as scrap from the junkyard; and all such
fluids shall be properly containerized, stored, transported and disposed
of in the manner or manners prescribed by or consistent with regulations
promulgated by the Pennsylvania Department of Environmental Protection
in Title 25, Chapter 75, Pa. Code, relating to solid waste management,
and in regulations promulgated by the United States Environmental
Protection Agency at 40 CFR, Subchapter I, Parts 240-280, relating
to solid wastes.
A.
The area used for a junkyard shall be completely enclosed
within a solid board or metal fence, with a minimum height of eight
feet; or by a screen of trees; or by a combination of the above, as
approved by the Board of Supervisors. 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:
(1)
A minimum of two rows of trees, shrubs, or other vegetation,
not less than 50% evergreen materials, shall be planted to produce
the effective visual barricade.
(2)
At least two different species of trees, shrubs or
other vegetation shall be utilized. Selected species shall exhibit
different tolerances to insect and disease.
(3)
Species selected must be capable of producing the
effective visual barrier, eight feet in height, within five years
of planting.
(4)
Prompt replacement of any dead species shall be required.
B.
Fencing and screening requirements.
C.
All entrances and exits into and from the salvage
yard shall have gates which shall be closed and locked when the yard
is not in operation.
D.
Sufficient off-street parking will be provided for
loading and unloading vehicles as well as for employee and customer
parking.
Any person wishing to extend or enlarge the
area of an existing junkyard shall make application for a new license
in accordance with the provisions of this chapter, and will be required
to comply with all provisions of this chapter as if he were applying
for a license for a new junkyard.
No license issued under this chapter shall be
assigned or transferred to any other person without the express written
authorization of the Township Manager. 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.
The Board of Supervisors shall 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. 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 effect compliance 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.
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,
revise or alter the application form, renewal application form, and
any other forms reasonable and necessary to the proper and effective
administration of this chapter. The Board of Supervisors may, from
time to time, by resolution, promulgate rules and regulations reasonable
and necessary for the proper and effective administration of this
chapter.
B.
It shall further be unlawful for any person to establish,
operate or maintain a junkyard or junk dealership after a conditional
approval has been granted but before a license has been issued. It
shall be unlawful for any person to misrepresent material facts in
any application or renewal application submitted under this chapter.
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.
The Township Manager, or the Code Enforcement
Officer, or any other representative duly authorized by the Board
of Supervisors, shall be permitted to enter and inspect the premises
of any licensee or any applicant for conditional approval at any reasonable
time and with no notice. Routine inspections of each licensee will
be conducted at least two times annually.
Persons licensed under this chapter shall maintain permanent
records of all junk received in or removed from the junkyard premises.
The records shall state who delivered or who received the junk, the
date and time thereof and a description of the junk. The records shall
be open to inspection at all reasonable times by the Board of Supervisors
or representatives thereof or the Township Police Department.
Junkyards and businesses licensed under this chapter shall not
operate between the hours of 9:00 p.m. and 6:00 a.m. prevailing time,
except to remove any wrecked vehicle from any public highway or road.
Persons licensed under this chapter 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 them. The junk
shall not be disturbed, reduced or altered from the original shape,
form or condition until the aforesaid forty-eight-hour period has
expired.
[Amended 9-15-1997 by Ord. No. 141][1]
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. The minimum fine to be imposed
is $50 per day or portion thereof for a first offense; $100 per day
or portion thereof for a second offense and $500 per day or portion
thereof for each subsequent offense. The Magisterial District Judge
may impose a fine of more than the minimum amounts set forth above.
