[HISTORY: Adopted by the Town Board of the Town of Hamburg 11-28-2011 by L.L. No.
12-2011. Amendments noted where applicable.]
A.
The Town of Hamburg desires to set fair and comprehensive rules and
regulations governing the creation, maintenance and screening of junkyards.
The purpose of this chapter is to promote a clean, wholesome and attractive
environment through the regulation of junkyards, protect the community
from potential hazards to property and persons, protect water resources,
preserve the aesthetic qualities of the Town, prevent depreciation
of the property in which a junkyard is located and the property of
other persons in the neighborhood and the community and to further
the goals of the Comprehensive Plan. To this end, new junkyards will
not be allowed as an approved use within any zoning district.
B.
Junkyards in existence prior to this chapter being adopted shall be considered "grandfathered" and shall be allowed to continue unless they are found to constitute a health or safety nuisance, in which case the owner(s) shall have six months to correct the nuisance or close the facility. This grandfather clause does not apply to any existing illegally established junkyard or any junkyard located in a residential zoning district. To continue as a grandfathered use, existing junkyards will be required to obtain a yearly renewable special use permit from the Town and fully comply with § 147-4, Standards for special use permits. If a facility ceases operation for more than a six-month calendar period, the special use permit will expire. Ceasing the operation of an existing junkyard for more than a one-year period will result in ineligibility to reapply for a permit.
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year that has been maintained
in or restored to, or will be maintained in or restored to, a condition
which is substantially in conformance with the manufacturer's
specifications.
A motor vehicle, but not a reproduction thereof, manufactured
more than 10 years prior to the current year and which, because of
discontinued production and limited availability, is considered to
be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored to a condition which
is substantially in conformity with the manufacturer's specifications
and appearance.
Any abandoned, inoperable and/or discarded motor vehicle
originally licensed or registered to be legally operated on public
streets and thoroughfares. Definition of a "vehicle" to include automobiles,
trucks, recreational vehicles, utility and boat trailers left in a
state of disuse, neglect or abandonment. Evidence that a vehicle is
abandoned, inoperable and/or discarded may include any one or a combination
of the following factors:
The vehicle being wrecked.
The vehicle being inoperative as evidenced by vegetation underneath
as high as the vehicle body or frame; refuse or debris collected underneath;
or the vehicle being used solely for storage purposes.
The vehicle being partially dismantled, having no engine, transmission
or other major and visible parts, broken windshield and/or lights
or rendered inoperable.
The vehicle being incapable of functioning as a means of transportation
in its present state or being not capable of safe operation under
its own power in the manner it was originally intended to move.
The vehicle having only nominal salvage value.
The vehicle being without a valid and current license plate
and/or an inspection sticker properly affixed.
A vehicle with one or more flat tires and/or with the tires
or wheels partially embedded in the ground upon where it rests.
An establishment, location or place of business which is
maintained, operated or used for storing, keeping, buying or selling
junk, or for the maintenance or operation of an automobile graveyard
or salvage yard, and the term shall include garbage dump and sanitary
fields. The term "junkyard" shall include any salvage yard, scrap
yard or related use, including any use involving the storage or disassembly
of wrecked or nonfunctioning automobiles, trucks or other vehicles
(junk vehicle); storage, baling or otherwise dealing in scrap metal,
commercial/residential appliances, used plumbing fixtures and used
brick, wood or other building materials. Any person or entity that
maintains, keeps, stores or owns five or more junk vehicles or when
600 square feet or more of junk materials are kept or stored at any
given place or on any property. Such uses shall be considered junkyards
whether or not all or part of such operations are conducted in conjunction
with, addition to, or accessory to other uses of the premises. Materials
enclosed in closed buildings, solid waste containers or rolling stock
are excluded.
The following conditions are hereby excluded from the definition
of a junkyard:
B.
Seasonal vehicles or machinery during its off season if kept in a
location not visible from any road, street or highway, when practicable;
otherwise, a seasonal use permit must be applied for and received.
C.
Farm machinery, including tractors, where such machinery is actively
used. Farm machinery kept for parts shall be kept in a location not
visible from any road, street or highway.
D.
An antique or classic motor vehicle which is being restored under
the conditions of a restoration permit.
E.
Contractor's storage yard: an area used for the storage of equipment
and/or materials used for providing construction-related contracting
services, including but not limited to flooring, heating, plumbing,
roofing, landscaping and excavation. These storage yards shall not
include inoperable or wrecked motor vehicles remaining on the premises
for more than 48 hours. Storage yards containing such vehicles shall
be considered an outside salvage or reclamation use and subject to
violation, unless said vehicle has a valid state registration, current
safety inspection certificate and documentary records of pending repairs
or other disposition.
F.
Approved and licensed automobile impound yards (meeting the requirements
of all approvals and licenses).
A.
The following standards shall be utilized in establishing special use permits for existing junkyards in accordance with §§ 147-5 and 147-6 of this chapter. Those permitted junkyards, which would like to expand or modify, after the effective date of this chapter, shall be required to meet the following standards:
(1)
Be situated on one contiguous parcel that is undivided by any public
road right-of-way.
(2)
Have a minimum setback to the fence from front property lines, excluding
a road right-of-way, of at least 40 feet and from the side and rear
property lines, excluding a road right-of-way, of at least 10 feet.
(3)
Not be located closer than 500 feet to a preexisting residence, church,
school, day-care center, nursing home, skilled health care facility,
hospital, public buildings, or public recreation facilities. If this
cannot be achieved for an existing facility, the Town may require
mitigations to minimize the impacts to these uses.
(4)
Not store "materials" higher than 15 feet in height in the first
100 feet from a property line. The height allowance can be raised
an additional 10 feet for each additional 100 feet that the materials
are from a property line. For example, a pile of materials can be
25 feet in height if located 200 feet from any property line.
(5)
Be screened as provided herein, so as to not be visible from any
residence (except a residence used in conjunction with the junkyard)
or from the main-traveled way of any public road, at any season of
the year.
(6)
At a minimum, the junkyard shall be entirely surrounded by an opaque
fence (including gates) at least eight feet in height, or by either
a woven or welded wire (fourteen-gauge minimum) or chain-link fence
a minimum of six feet in height (installed with opaque screening material)
and with vegetation (excluding wild growth) that provides a continuous
all-seasons opaque screen at least eight feet in height within five
years of planting or setting such vegetation. The fence shall remain
in good repair. The fence and vegetation shall surround the minimum
area necessary for the junkyard to not be visible. Vegetation not
less than four feet in height at the time of planting shall be planted
on the outbound side of the fence, contiguous to and not more than
12 feet from the fence. Vegetation that serves as screening shall
be planted at intervals evenly spaced and in close proximity to each
other so that a continuous, unbroken hedgerow, without gaps or open
spaces, will exist to a height of at least eight feet along the length
of the fence surrounding the junkyard. The vegetation shall be maintained
as a continuous, unbroken hedgerow for so long as the property is
used as a junkyard. Existing vegetation may be approved if it adequately
meets the purposes of this article.
(7)
If a fence is utilized: inside, adjacent to and continuous with the
fence or enclosure, on a strip of land at least 10 feet in width,
shall be kept free of all dry grass, junk, plant growth, or other
combustible material so as to provide a fire lane or break around
the entire area where business activity is conducted.
(8)
All operations, equipment, junk and/or inoperable motor vehicles
shall be kept within the confines of the fence at all times unless
in motion by transport to or from the site.
(9)
All junkyards shall be maintained to protect the public from health
nuisances and safety hazards.
(10)
Drainage from the site shall be properly managed as to not adversely
impact downstream properties.
B.
All junkyards existing which wish to expand, change, or modify in
any way as to number of cars, appliances, amount of junk materials,
or area used as a junkyard shall be subject to all requirements of
this chapter and approved in writing by the Town Planning Board.
A.
For the purpose of this chapter, junkyards which on the effective
date of this chapter were legally operated and maintained under all
applicable state, federal and local laws and ordinances may continue
in existence, unchanged in character and size. Within 90 days from
the passage of this chapter, however, the owner shall furnish the
Planning Board the information which is required for a special use
permit (SUP) application, together with the permit fee, and the Planning
Board shall issue a permit valid for one year, at which time the owner
can apply for a renewal permit. The purpose of the yearly permit renewal
is to ensure that the facility is being operated in conformance with
all required standards. It is also the purpose of this renewal process
to bring existing facilities into conformance with the additional
required standards in this chapter. For junkyards which are nonconforming,
at the time of adoption of this chapter, it is the intent of the Town
to bring these facilities into conformance with these regulations
over a two-year period. Each year, the applicant will be required
to show progress towards this requirement, otherwise a renewal permit
will not be issued.
B.
In the case of any preexisting junkyard which has been grandfathered
but is found to be a health or safety nuisance, the Town of Hamburg
reserves the right to enforce all health, safety and environmental
laws within three months of the effective date of this chapter or
from the time the health, safety hazard, or public nuisance is determined.
Existing junkyards, as defined in this chapter, will be allowed by special use permit (SUP). These junkyard special use permits will be reviewed and granted by the Planning Board. All applicable regulations, requirements and procedures must be met as laid out in Article XLVI, special use permits, of the Hamburg Code.[1] In addition to the requirements listed in § 280-313 of the Special Use Permit Code, the application shall include information on the following: material storage types, location and heights; activity areas (what is done and where); and all existing permit and approval information concerning the site.
Any junkyard that remains unregistered for a period of more
than six months shall be deemed to be abandoned and void from the
ability to apply for a SUP.
A.
Should the Enforcement Officer find that an alleged junkyard exists
without the necessary permit, the Enforcement Officer is hereby authorized,
pursuant to Criminal Procedure Law § 150.20, Subdivision
3, to issue an appearance ticket to any person who the Enforcement
Officer has reason to believe has violated this chapter, and shall
cause such person to appear before the Town Justice.
C.
Every such person shall be deemed guilty of a separate violation
for each week such violation, disturbance, omission, neglect or refusal
shall continue, without the necessity of issuing any additional appearance
ticket or notice of continuing violation.
D.
The Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of any provision of this
chapter.
