[HISTORY: Adopted by the Town Board of the
Town of Wheatfield 6-11-2007 by L.L. No. 4-2007; amended in its entirety 2-28-2011 by L.L. No.
4-2011. Subsequent amendments noted where applicable.]
A.
The Town of Wheatfield desires to set out fair and comprehensive
rules and regulations governing the creation, maintenance, and screening
of junkyards. The purpose of this chapter is, through the regulation
of junkyards, to promote a clean, wholesome, and attractive environment;
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. (Junkyards will not be listed as an approved use under any
Town zoning district.)
B.
Junkyards in existence prior to this chapter being adopted shall
be allowed to continue without expansion (referred to in this chapter
as being "grandfathered") unless they are found to constitute a health
or safety nuisance, in which 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. To
continue as a grandfathered use, existing junkyards will be required
to obtain a yearly renewable permit to operate a junkyard from the
Town. This permit must be applied for within 90 days of the passage
of this chapter. It is the intent of this chapter to prohibit a grandfathered
junkyard to expand outside of its existing property boundaries (at
the time of passage of this chapter). Modifications to the site will
only be allowed through the SUP process, which may allow changes to
the location and quantities of materials stored on the existing site.
If a facility ceases operation for more than a six-month calendar
period, the permit to operate a junkyard 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, which 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 motor vehicle, or used parts or waste materials from motor
vehicles which, taken together, equal in bulk one or more such vehicle,
which is unlicensed or unregistered; or abandoned, wrecked, stored,
discarded, dismantled; or not in condition for legal use upon the
public highways.
The fact that a motor vehicle does not display a current motor
vehicle registration or license plate shall be presumptive evidence
that such motor vehicle is not in condition for legal use upon the
highways.
With respect to any motor vehicle not required to be licensed
or a motor vehicle not usually used on public highways, the fact that
such motor vehicle is not in condition to be removed under its own
power shall be presumptive evidence that such motor vehicle is a junk
motor vehicle unless refuted by verifiable and credible proof.
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;
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 junked motor 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 their 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 (one) which is being restored.
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 yards shall not include
inoperable or wrecked motor vehicles remaining on the premises for
more than 48 hours. 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 Planning Board, in its reasonable discretion, and as a condition
to the issuance of a permit to operate a junkyard, may require the
applicant to conform to certain conditions, which may include, but
need not be limited to the following:
(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 either 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 in general shall be entirely surrounded
by an opaque fence (including gates) at least eight feet in height,
or by either a woven or welded wire (14-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. If areas
of the junkyard are shown to not need this type of fencing or screening,
the Planning Board can waive this requirement. The fence shall remain
in good repair. The fence and vegetation shall surround the minimum
area necessary for the junkyard to not be visible from surrounding
uses or the travelling public. 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 twelve 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 ten 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 change or modify in any way
as to number of cars, appliances, amount of junk materials, or area
used (on the existing site) 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. However, within 90 days from the passage of this chapter, the owner shall furnish the Planning Board a legible sketch of the property, which shall include dimensions for the property and the approximate location of all building and material on the property, together with any applicable permit fee. If the Planning Board, after review, finds the application in conformance with the requirements/purposes of this chapter, 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 in § 109-4 of this chapter. It is also the purpose of this renewal process to bring existing facilities into conformance with the required standards. For nonconforming junkyards at the time of adoption of this chapter, it is the intent of the Town to bring these facilities into conformance with all these regulations over a five-year period. Each year, the applicant will be required to show progress towards this requirement.
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 Wheatfield
reserves the right to enforce all health, safety, and environmental
laws, within six months of the effective date of this chapter or from
the time the health, safety hazard, or public nuisance is determined.
Junkyards as defined in this chapter will be allowed by a permit
to operate a junkyard. These permits will be reviewed and granted
by the Planning Board. 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 after the adoption of
this chapter for a period of more than six months shall be deemed
to be abandoned.
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(3) to issue
an appearance ticket to any person whom the enforcement officer has
reason to believe has violated this chapter, and shall cause such
person to appear before the Town Justice.
B.
Any person who shall violate any of the provisions of
this law shall be guilty of a violation and subject to the following:
[Amended 10-24-2011 by L.L. No. 7-2011]
(1)
For a first conviction, a fine of $200 to $350 or imprisonment for
a period not to exceed 30 days;
(2)
For a second conviction within five years of the first conviction,
a fine of $350 to $700 or imprisonment for a period not to exceed
180 days, or both; or
(3)
For
a third or subsequent conviction within five years, a fine of not
less than $750 or imprisonment for a period not to exceed one year,
or both.
C.
Every such person shall be deemed guilty of a separate violation
for each week such violation, disturbance, omission, neglect or refusal
shall continue.
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.
