1. Definitions. Except where the context clearly indicates a different meaning, the following words, terms and phrases shall have the following meanings when used in this Part:
ANTIQUE MOTOR VEHICLE - a motor vehicle but not a reproduction thereof, manufactured more than 25 years prior to the current year which has been maintained in or restored to a condition which is substantially in conformance with manufacturer specifications and is designated as an “antique motor vehicle” on its registration records.
APPLICANT - any salvage yard operator making application for the issuance of a hcense pursuant to this Part.
CLASSIC MOTOR VEHICLE - a self-propelled vehicle, but not a reproduction thereof, manufactured more than 10 years prior to the current year and, because of discontinued production and hmited availability, determined by the Pennsylvania Department of Transportation to be a model or make of significant value to coUectors or exhibitors and which has been maintained in or restored to a condition which is substantiaUy in conformity with manufacturer specifications and appearance, and is designated a "classic motor vehicle" on its registration record.
COUNCIL - the Marysville Borough Council.
ESTABLISH - to erect, construct, build or anyway bring into being.
LICENSE - the hcense to be issued, upon proper application therefore, by the council for the establishment, operation or maintenance of a salvage yard.
PERSON - an individual, association, co-partner or corporation. [Ord. 553]
PROCESSOR - one who operates a scrap metal processing facility.
SALVAGE MOTOR VEHICLES - wrecked, scrapped, ruined, dismantled, or junked motor vehicles, trailers or semi-trailers, which are substantially intact except for the removal of salvaged parts whether or not mechanically inoperable and whether or not repair is economically feasible. [Ord. 553]
SCRAP - manufactured articles or parts rejected or discarded and useful only as material for reprocessing, reclamation or reuse.
SCRAP METAL PROCESSING FACILITY - an establishment having facihties for processing iron, steel or nonferrous scrap iron, steel or nonferrous scrap for sale, and which gross income derived from the sale of usable automobile part is less than 10% of its total gross income.
VISIBLE - capable of being seen by a person of normal visual acuity traversing the nearest adjacent street or any adjacent property. [Ord. 553]
2. Compliance. From and after the effective date of this Chapter, it shall be unlawful for any person to estabhsh, operate or maintain a salvage yard except in comphance with the provisions of this § 27-1108 and only in zones where junk yards or salvage yards are an allowed use.
3. Licensing.
A. Before establishing, operating or maintaining a salvage yard, every salvage yard operation shall first obtain a hcense to be issued by the Council in the manner hereinafter provided.
B. Every operator of a salvage yard which is established, operated or maintained within the Borough as of the effective date of the Chapter shall make apphcation for the issuance of a hcense as in herein provided within 60 days after the Council mails a copy of this Part and the necessary application form to such salvage yard operator, and shall thereafter be subject to the provisions of this Chapter, except as otherwise herein provided.
C. The applicant shall make written application to the Council, on a form prescribed, prepared and supplied by the Council, which application shall contain the following information:
(1) The name and address of the apphcant.
(2) Except where the apphcant is a corporation, the name and address of all persons financially interested in the salvage yard.
(3) If the apphcation is a corporation, the names and addresses of all officers of the applicant, and the names and addresses of all shareholders who each hold more than 20% of the outstanding common stock of the applicant.
(4) An accurate description of the salvage yard premises, which description must contain:
(a) A general statement of the location of the premises.
(b) A statement of the acreage of the premises.
(c) A plot plan or survey of the premises prepared by a licensed surveyor or engineer.
(5) The names and addresses of the record owner or owners of the real estate on which is situate the salvage yard premises.
(6) If an application for the issuance of a hcense is disapproved, the hcense fee tendered with such apphcation shall be promptly refunded to the apphcant. If the Board does not act on the application for the issuance of a hcense within 60 days, after the filing thereof, such failure to act shall be deemed an approval of the apphcation; and thereafter a hcense shall be promptly issued to the apphcant. The date filed shaU be the date that a complete apphcation, with the proper hcense fee, is received in the Borough offices.
D. An application for the issuance of a license shall be approved and a license shall be issued by the Council if the applicant is not in violation of the provisions of this Chapter. The disapproval of an application shall not bar or prohibit the making at anytime of a subsequent application for the issuance of a license, provided that such application shall be accompanied by a statement setting forth the manner of the correction of the reason or reasons for which said prior application was disapproved, in which case, if such subsequent application then demonstrates compliance with the provisions of this Chapter, the Council shall approve the application and issue a license thereon.
E. A license shall be issued and apply to only the salvage yard for which application was made; no license shall authorize the establishment, operation or maintenance of any salvage yard except as set forth in that license.
F. The license issued by the Council shall be in such form as the Council may determine, and shall at all times be conspicuously displayed upon the salvage yard premises.
G. A license shall not be transferable or transferred between salvage yard premises. A license shall not be transferable or transferred between persons without prior written notice thereof given to the council.
H. All licenses shall be effective for and during 12 consecutive months, and shall expire at the end of the 31st day of each December. The renewal of license is to be made by application in accordance with the provisions of this Part.
4. Annual License Fee. The annual fee shall be as determined by resolution of Council from time to time. Where application is made on or after April 1, the license fee shall be 3/4 of the applicable fee; where application is made on or after July 1, the license fee shall be Vi of the applicable annual fee; where application is made on or after October 1, the license fee shall be VA of the applicable annual fee. If an operator of a salvage yard existing within the Borough as of the effective date of this Chapter makes application for the issuance of a license within 60 days after the Council mails a copy of this Part and the necessary application form to such salvage yard operator, the license fee for the remainder of the 12 consecutive month period shall be a pro rata proportion of the applicable annual fee based on the number of whole months remaining in such 12 consecutive month period.
5. Regulations. Except as otherwise provided in subsection (6) hereof, from and after the effective date of this Chapter, every salvage yard shall be established, operated or maintained in accordance with the following regulations:
A. No salvage shall be stored or accumulated, nor shall any building or other structure be erected, within 10 feet of any public highway, street, road right-of-way or any other right-of-way upon which the salvage yard abuts.
B. Whenever a salvage yard is visible from an adjoining public highway, street, road or right-of-way, or from an adjoining property on which is erected a residential dwelling or dwellings, such property lines of said salvage yard which abut: upon said public highway, street, road or right-of-way, or residential dwelling or dwellings, shall be screened by natural objects, plantings, fences or other appropriate means so as to render the salvage yard not visible therefrom.
6. Exceptions. Nothing contained in § 27-1108(5)(A)(2) of this Part shall apply to salvage yards existing as of the effective date of this Chapter. Nothing contained in § 27-1108(5)(A)(2) of this Part shall apply to buildings or other structures on salvage yard premises which buildings or other structures are in existence as of the effective date of this Chapter. Further, those provisions contained within § 27-1108(5)(A)(2) of this Part hereof which are applicable to any salvage yard existing as of the effective date of this Chapter shall not be enforceable or enforced against such salvage yard during the 24 month period first following the effective date of his Chapter.
7. Salvage Yard Operation. All salvage yards shall be operated and maintained in accordance with the following:
A. Salvage shall be stored or accumulated in no more than two adjoining rows, each row not exceeding 15 feet in height; between such rows of stored or accumulated salvage, there shall be allowed at least a 10 feet access road or right-of-way which shall be maintained free and clear of all salvage so as to permit the prompt and unhindered access to all areas of the salvage yard in the event of an emergency, all such rows of stored or accumulated salvage shall be segregated from buildings or other structures, and equipment, by an open space of at least 15 feet which shall be maintained free and clear of all salvage so as to permit the prompt and unhindered access to all areas in the event of an emergency.
B. No garbage or organic waste shall be stored or accumulated on the salvage yard premises.
C. All gasoline shall be drained from motor vehicles and other self-propelled vehicles within 48 hours after arrival at the salvage yard premises. No more than an aggregate of 50 gallons of gasoline may be stored above ground level, and such storage shall be in containers of a kind and type approved by the Council. No gasoline shall be stored closer than 50 feet from any property line of the salvage yard.
D. Open burning upon the salvage yard premises shall be prohibited.
E. No salvage shall be stored or accumulated within 25 feet of any river, stream, run, creek, irrigation ditch or any other natural water course, and shall comply with all Borough floodplain regulations and ordinances.
F. Salvage yard premises shall be maintained at all times so as not to constitute a public or private nuisance to the community of the Borough, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies or other vermin.
G. No salvage shall be stored or accumulated within 25 feet of an adjoining property line.
H. All applicable State and Federal laws and regulations shall be adhered to and in case of a conflict between such laws and regulations and this Chapter the more restrictive provision shall apply.
8. Inspection. Any member of the Council, or a duly authorized agent of the Council, may at any time enter upon and inspect any premises upon which a salvage yard is established, maintained or operated, and the salvage yard operator shall admit such Council member or agent or agents thereof.
9. Enforcement. The Council, or any aggrieved person, may take appropriate action, criminal or civil, at law or in equity, to enforce the provisions of this Part. Nothing in this Chapter shall be deemed or construed to restrict, exclude, limit, modify or otherwise affect any available remedies now or hereafter provided by law.
10. Revocation of License. Upon a prior hearing held by the Council with the right of the presence and assistance of legal counsel and the right to present evidence allowed to the salvage yard operator, the Council may, in its discretion, revoke the license of any salvage yard operator who shall be found by the Council to have committed three or more violations of the provisions of this Chapter within 1 calendar year; the Council shall promptly give written notice of such revocation to the concerned salvage yard operator. However, the revocation of a license shall not bar or prohibit the making at any time of subsequent application for the issuance of a license, provided that such subsequent application shall be accompanied by a statement setting forth the manner of the correction of the prior violations of the provisions of this Chapter. If such application then demonstrates compliance with the provisions hereof, the Council shall approve the application and issue a license thereon.
11. Temporary Permits.
A. No unregistered or unlicensed motor vehicle shall be permitted on private property in the Borough for a period in excess of 30 days unless it is enclosed in a permanent structure, as set forth in § 27-802 of this Chapter, so as to prevent it from public view, in which case, no more than two such vehicles may be kept on any lot or parcel of ground, unless a permit has been granted as hereinafter provided. [Ord. 553]
B. Any person desiring to keep a motor vehicle on private property in the Borough in excess of 30 days shall apply, in writing, to the Zoning Officer for a permit to do so. Such application shall set forth the location, description and ownership of the land on which such motor vehicle or vehicles and shall be signed by the person or person in whose name the motor vehicle is titled. The application shall be accompanied by an application fee in an amount to be established, from time to time, by resolution of Borough Council. [Ord. 553]
C. Upon receipt of the application, the Zoning Officer may issue a permit to allow the keeping of the motor vehicle on private property for no longer than 60 days.
D. A permit may be renewed for an additional 90 days if the owner makes application for renewal prior to the expiration of a permit issued and pays a renewal fee in an amount to be established, from time to time, by resolution of Borough Council. [Ord. 553]
E. Borough Council may, after a public hearing, as a conditional use, issue a temporary permit for up to 2 years upon a showing of undue hardship. The application for such a permit shall be accompanied by an application fee in an amount to be established, from time to time, by resolution of Borough Council. [Ord. 553]
(Ord. 462, 8/14/1995, §1107; as amended by Ord. 485, 6/8/1998, §2; and by Ord. 553, 5/10/2004, §1)