Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 451 - CONTROL OF JUNKYARDS AND AUTOMOTIVE DISMANTLERS AND RECYCLERS › Section 451.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Abandoned
-A junkyard or automotive
						dismantler and recycler, or both, which has not been used or operated for a
						period of 12 months, or that its license has not been renewed within 60 days of
						notice to renew.
Act
-The act of July 28, 1966 (P. L. 91,
						No. 3) (36 P. S. §§
												2719.1-2719.14).
Automotive dismantler and recycler
-Any
						establishment or place of business which is maintained, used, or operated for
						storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled
						motor vehicles, or motorparts, or both.
Department
-The Department of
						Transportation of the Commonwealth of Pennsylvania.
District engineer
-The person designated
						as such in one of the Department's 11 engineering districts.
Industrial activity
-An activity
						permitted only in an industrial zone, or in a less restrictive zone, except
						that none of the following shall be considered industrial activities:
(i) Outdoor advertising structures.
(ii) Agricultural, forestry, ranching,
					 grazing, farming and related activities, including but not limited to, wayside
					 selling.
(iii) Activities normally
					 and regularly in operation less than 3 months of the year.
(iv) Transient or temporary
					 activities.
(v) Activities not
					 visible from the traffic lanes of the main traveled way.
(vi) Activities conducted in a building
					 principally used as a residence.
(vii) Railroad tracks, including sidings and
					 passenger depots.
(viii) Junkyards
					 or automotive dismantlers and recyclers.
Junk
-Scrap, copper, brass, rope, rags,
						batteries, paper, trash, rubber debris, waste, iron, steel and other old or
						scrap ferrous or nonferrous material, including wrecked, scrapped, ruined,
						dismantled, or junked motor vehicles, or parts thereof.
Junkyard
-Any outdoor establishment,
						place of business, or activity which is maintained, used or operated for
						storing, keeping, buying or selling junk; for the maintenance or operation of a
						garbage dump, sanitary landfill or scrap metal processor, or for the storage of
						ten or more junked vehicles.
Nonconforming
-As applied to junkyard or
						automotive dismantler and recycler means it was legally in existence on January
						1, 1967, and located within the zone of control. The term also applies to a
						junkyard or automotive dismantler and recycler located in the zone of control
						adjacent to any interstate or Federal aid primary highway made a part of the
						system after January 1, 1967.
Person
-A corporation, partnership,
						association, and political subdivision as well as a natural person.
Screening
-The use of any natural
						objects, plantings, embankments, fencing, walls or structures, or a combination
						of any of these, which will effectively hide any deposit of junk so as not to
						be visible from the highway, at all times of the year, by an occupant of a
						motor vehicle viewing from a height of 4 1/2 feet above the pavement.
Secretary
-The Secretary of the
						Department of Transportation.
Site
-The property within the boundaries
						described in the application on which the junkyard or automotive dismantler and
						recycler business or activity is located or is proposed to be located.
Unzoned industrial area
-The land
						occupied by the regularly used building, parking lot, storage, or processing
						area of an industrial activity and that land within 1000 feet thereof which
						is:
(i) Located on the same side of
					 the highway as the principal part of the activity.
(ii) Not predominantly used for residential
					 or commercial purposes.
(iii) Not
					 zoned by any State or local law, regulation, or ordinance.
Zone of control
-All areas which are
						adjacent to and within 1,000 feet of the edge of the right-of-way of any
						interstate or Federal aid primary highway.
Zoned industrial area
-Any area zoned
						industrial by the appropriate zoning authority.