[HISTORY: Adopted by the Board of Supervisors
of the Township of Darlington 9-17-1974 by Ord. No. 19. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as "Darlington Township Junk Dealer and Junkyard Ordinance of 1974."
Unless otherwise expressly stated, the following
words and phrases shall be construed in this chapter to have the meanings
herein indicated:
The Board of Supervisors of Darlington Township, Beaver County,
Pennsylvania.
Any discarded material or article and shall include but not
be limited to scrap metal, wrecked, abandoned or junked motor vehicles,
motor vehicle bodies, motor vehicle parts, machinery, machinery parts,
equipment, equipment parts (such as manufacturing and construction
equipment of all types and purposes), appliances of all types, such
as refrigerators, stoves, paper, glass, containers, and abandoned,
dilapidated or partially dismantled structures. It shall also include
a partially dismantled motor vehicle not bearing current registration
license plates and a valid inspection sticker as required by the Motor
Vehicle Laws of the Commonwealth of Pennsylvania and which is not
in the process of immediate repair. It shall not include farm machinery
and equipment, provided that it can be determined that the farm machinery
and equipment is in operable condition capable of being used in a
bona fide farm operation. It shall not include refuse or garbage kept
in a proper container for the purpose of prompt disposal.
Any person who shall engage in the business of buying, selling,
trading, salvaging, storing or in any other way dealing in junk, or
who owns, leases, operates or maintains a junkyard within the Township
of Darlington.
Any place, lot, tract of land, yard, establishment or location
where any junk as herein defined is accumulated, stored, disposed
of, or allowed to remain on the outside of a building or structure,
or where the business of buying, selling, trading or dealing in junk
is conducted, or where motor vehicles are accumulated or stored which
are unlicensed, are inoperable and do not have current registration
license plates and a valid inspection sticker as required by the Motor
Vehicle Laws of the Commonwealth of Pennsylvania.
The permit granted to a person who buys, sells, trades, accumulates,
stores, disposes of or deals in junk as herein defined.
Any natural person, partnership, association, firm or corporation.
The Township of Darlington, Beaver County, Pennsylvania.
On or after the effective date of this chapter,
no person shall engage in business as a junk dealer or establish,
maintain and operate a junkyard within the Township of Darlington
without first having obtained a license therefor from the Board of
Supervisors, for which license a fee in accordance with the schedule
of fees hereinafter set forth shall be paid to the Township for use
of the Township. The license shall be effective for one calendar year
only, each license terminating on December 31 of each year for which
it was issued. Each license must be renewed annually on or before
the first day of January of each calendar year.
An applicant for a license to establish, maintain
and operate a junkyard or to engage in business as a junk dealer shall
file with the Board of Supervisors an application for such a license
on such forms as may be prescribed by the Board, setting forth and
including along with other required data the following:
A.
Plan of survey of the land and property to be used
in connection with such license prepared by a registered professional
engineer or registered surveyor showing the following:
(1)
Boundary survey, area and legal description.
(2)
Topographic plot plan of the land with contours at
intervals of two feet.
(3)
Location of all runs, streams and natural watercourses
along with the location of woods and tree masses.
(4)
Location, size and current use of any and all existing
buildings or structures upon the premises.
(5)
Location, size and current use of any and all buildings
or structures on land adjacent to applicant's premises.
(6)
Site development plans showing proposed grading of
site; location, size and extent of stormwater drainage facilities;
location, size and extent of all other proposed utilities; drives,
off-street parking areas; location, size and type of all buildings
proposed to be erected upon the premises.
(7)
Show location, size and type of existing utilities
and the availability of utility services.
(8)
Location and accessibility to premises from public
streets, roads and highways.
B.
Zoning district in which premises are located.
C.
Copy of deed of transfer to the person currently holding
legal title to the premises.
D.
Names and addresses of all persons interested and/or
involved in any manner whatsoever in the business or property.
E.
Name and address of the person desiring to be licensed.
F.
Any and all other information and data required by
the Board for its review and use in considering and determining the
suitability of the property and the operation for which a license
has been applied for.
The Board, upon receipt of an application together
with the license fee for a license under this chapter, shall, after
thorough review and examination of the application, determine whether
a license shall be issued or a renewal thereof shall be granted giving
full consideration to the suitability of the premises proposed to
be used, the character of the properties located nearby and adjacent
thereto, and the effect the proposed use may have upon the health,
welfare and safety of the residents of the community and the potential
hazards to nearby buildings and structures of others as a result of
issuance of a license, along with what effect the proposed use may
have upon the Township, both economically and aesthetically. When
issued, the license shall be conspicuously displayed upon the premises
licensed at all times. The license shall not be transferable, and,
in the event that 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.
No person licensed under this chapter shall,
by virtue of one license, establish, operate and maintain more than
one place of business within the Township for the purpose of buying,
trading, selling and dealing in junk. No person shall engage in business
as a junk dealer in any place other than the place designated upon
his license.
The license fee shall accompany the application
for or renewal of a license. The amount of the license fee shall be
as set by resolution of the Board of Supervisors, calculated in accordance
with the actual land area to be used by the person to whom the license
is issued, which area licensed excludes the areas encompassed in the
required setback areas.
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 submitted by the transferee for a license in accordance with the requirements set forth in § 94-4 of this chapter.
In the event the Board shall approve the transfer
of a license, the transferee shall immediately pay to the Township
a transfer fee as set by resolution of the Board of Supervisors.
Every person licensed under this chapter shall
provide and constantly keep an appropriate book in which shall be
fairly and understandably written down in the English language at
the time of purchase, acquisition or receipt of any junk a description
of every article or material purchased or received by him, the date
and hour of such purchase or acquisition, and the name of the person
from whom such article or material was purchased, received or transferred,
which record shall at all times be available and subject to the inspection
of any official or authorized representative of the Township.
Every junk dealer licensed under this chapter
shall constantly maintain the licensed premises in the manner prescribed
by this section as follows:
A.
Such premises shall at all times be maintained so
as not to constitute a nuisance or a menace to the health, welfare
and safety of the community or of the residents nearby, or to create
a place for the harbouring or breeding of rodents or vermin.
B.
No garbage or other organic waste, and no paper, rubbish,
rags or other flammable articles or materials shall be stored in or
on such premises.
C.
The storage upon the premises of gasoline and other
similar flammable material either aboveground or underground shall
not be permitted unless the licensee obtains all necessary and required
permits from the governmental agencies having jurisdiction over regulating
the storage of such flammable materials (local and state fire marshals,
etc.).
D.
Whenever any motor vehicle shall be received in such
premises as junk, all gasoline and oil shall be drained and removed
from such vehicle immediately.
E.
Junk vehicles and parts thereof along with all other
junk shall be arranged and stored in an orderly manner in rows with
a minimum of 20 feet of clear space between each row (also between
the outside row and the premises' fence) and each of said rows to
be no greater in width than 40 feet all of which shall be so arranged
to provide passageways for official inspection purposes and for fire-fighting
equipment completely through and around the premises. Junk vehicles
and parts thereof shall not be stacked or piled on top of one another.
F.
The premises shall be so graded and drainage facilities
constructed to prevent the accumulation of stagnant water and to collect
and conduct such drainage to natural watercourses and to institute
and carry out proper erosion control measures and facilities. The
submittal of site grading and development plan and the approval of
the same by the Board of Supervisors shall be prerequisite to obtaining
a license to establish and operate a junkyard.
G.
Premises shall be kept clean and free from debris,
high grass, weeds, brush and other inflammable material.
H.
No junk, scrap, vehicles, vehicle bodies, motors or
any other item defined herein as junk shall be placed, stored, maintained
or otherwise located nearer than 25 feet of any river, stream, run,
creek, irrigation ditch, drainage ditch or natural watercourse within
the boundary lines of Darlington Township.
I.
Junkyard premises shall not be open for business nor
shall any work be done therein in connection with the storage, processing,
transporting or removal of junk at any time on the first day of the
week, commonly called "Sunday."
J.
No burning of junk or materials defined as such in
the operation of a junkyard shall be ignited or otherwise commenced
and burned except between the hours of 7:00 a.m. and 6:00 p.m., on
Tuesdays, Wednesdays and Thursdays and at no other time whatsoever.
No oil, grease, tires, gasoline, asphaltic, tar, 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. Burning of
vehicles, parts thereof and other junk must be attended and controlled
at all times.
K.
The entire area of the premises which is to be licensed
as a junkyard shall be enclosed by fencing, having adequate gates
and shall be properly maintained at all times. Fencing and gates shall
be of the metal chain link and steel post type or the equivalent and
shall not be less than six feet in height.
L.
The premises to be licensed shall be set back a minimum
of 100 feet from the right-of-way lines on all streets, roads and
highways and a distance of 50 feet from all other property lines.
The area between the setback line and the right-of-way line on all
streets, roads, and highways and all other property lines shall at
all times be kept clear and vacant and not be considered an area usable
for junkyard purposed.
M.
The area of land between the setback fence and the
right-of-way lines of the street, roads, and highways shall be graded,
seeded and landscaped with appropriate trees, shrubbery, evergreens
and plantings and neatly and properly maintained at all times. A plan,
specifications and description of such fencing, planting and landscaping
shall accompany the application for license to establish a junkyard,
and the issuance of a license shall be contingent upon the Board's
approval of the proposed fencing and landscaping program.
N.
License to establish and operate a junkyard shall
not be issued unless the applicant can provide an adequate off-street
parking area and facilities entirely within the area of the setback
fenced area of the premises to be licensed. For this purpose a plot
plan showing the proposed layout and location of setback areas, fences,
gates, buildings, parking spaces for management, employees, customers,
delivery equipment, etc., including grading and drainage shall be
submitted.
O.
The Board shall set forth the fencing, planting and
parking requirements at the time of the issuance of the license or
at the time of renewal or transfer of a license.
P.
The Board may from time to time adopt additional regulations
and requirements to carry out the spirit and intent of this chapter
upon giving 10 days' written notice to the licensees affected by such
regulations and requirements.
Any member of the Board, or a duly authorized
agent thereof, may at any time enter upon and inspect any premises
for which there is a pending application for a junkyard license or
which holds a current junkyard license.
Junk dealers and junkyards operating and existing
in this Township on the effective date of this chapter shall have
60 days from the effective date of this chapter in which to place
their junkyard premises in such condition as will comply with the
requirements of this chapter. However, all junk dealers and junkyards
operating and existing on the effective date of this chapter are required
to immediately make application for a license, accompanying said license
application with the appropriate license fee as defined in the schedule
of fees elsewhere herein, surveys, plot plans, development plans and
all other required information and in all other respects comply with
the terms and provisions relating to the applying for and obtaining
of licenses herein contained.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction thereof by a summary proceeding,
be sentenced to pay a fine of not more than $1,000 and the costs of
prosecution and, in default of the payment of the fine and costs,
shall be committed to the Beaver County Jail for a period not in excess
of 90 days. Each day's violation of any of the provisions of this
chapter shall constitute a separate offense.
