[HISTORY: Adopted by the Board of Supervisors of the Township of
West Brandywine 5-6-1965 by Ord. No. 10.
Amendments noted where applicable.]
This chapter shall be known and may be cited as "West Brandywine Township
Junkyard and Refuse Ordinance."
No person shall engage in business as a junk dealer or maintain a junkyard
without first having obtained a license from the Board, for which license
a fee in accordance with the schedule hereinafter set forth shall be paid
to the Township for the use of the Township. The license shall be issued for
the twelve-month period beginning June 1, and ending June 1, of the following
year, and each license must be renewed annually on or before the first day
of June of each year.
The license provided for in this chapter 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 plot of the premises used
or to be used in connection with such license showing the entire area and
area of storage.
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 purposes 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 chapter as may be deemed necessary to carry out
the spirit and intent of this chapter.
The license fee shall be paid immediately upon the issuance or renewal
of a license. The amount of the license fee shall be as set forth from time
to time by resolution of the Board of Supervisors, and it shall be calculated
in accordance with the following schedule as determined by the actual land
to be used by the person to whom the license is issued, excluding all setback
areas:
No person licensed under this chapter 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 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.
No license issued by the Board shall be transferable by the licensee to any other person unless such a 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 § 97-4 of this chapter, by the transferee.
In the event the Board shall approve the transfer of a license the transferee
shall pay to the Township a transfer fee as set forth from time to time by
resolution of the Board of Supervisors.
Every person licensed under this chapter 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 or receipt, and the
person from whom such article or material was purchased, received or handled
by such person shall at all times be subject to the inspection of any official
of the Township.
Every person 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 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.
Every person licensed under this chapter 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.
As required by the Department of Environmental Protection, whenever any motor vehicle shall be received in such premises as junk or stored for more than one year, 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. If inconsistent with state law or Chapter 200, Zoning, of the Code of the Township of West Brandywine, the higher standard shall prevail.[1]
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 fire-fighting
purposes.
E.
F.
The premises to be licensed shall be set back in accordance with the applicable area requirements for the particular zoning district in which it is located pursuant to Chapter 200, Zoning, of the Code of the Township of West Brandywine. The area between the setback and the right-of-way of all streets and roads shall be kept clear and vacant at all times.[3]
G.
When the Board shall deem it necessary and desirable,
the premises to be licensed shall at the setback lines be enclosed 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.
[Amended 2-6-1997 by Ord. No. 97-01[1]]
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a District Justice
under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and 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.
In addition to the remedies provided in § 97-13 above, any continued violations of this chapter 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.
