[Adopted 1-21-2003 by L.L. No. 1-2003;
amended in its entirety 1-15-2013 by L.L. No. 1-2013]
This article is adopted pursuant to the authority granted the
Town in § 10 of the Municipal Home Rule Law and in § 130(15)
of the Town Law.
This article shall be known as the "Town of Conesus Junk Storage
Law: Amended January 15, 2013."
Where the conditions imposed by any provision of this article
are more restrictive than comparable conditions imposed by any other
law, ordinance, resolution, rule or regulation of any kind, the regulations
which are more restrictive or which impose higher standards or requirements
shall govern.
For the purpose of this article, the following words and phrases
shall have the meaning ascribed to them in this article:
ENFORCEMENT OFFICER
Any person appointed by the Town Board to represent them
in particular matters pertaining to this article.
JUNK
The outdoor storage or deposit of any, but not limited to,
of the following shall constitute junk:
A.
One or more junk motor vehicles (as defined below).
B.
One or more abandoned or inoperable appliances, including, but
not limited to, any stove, washing machine, dryer, dishwasher, refrigerator,
freezer, television, computer equipment, hot-water heater, water purification
unit or other household device or equipment abandoned, junked, discarded
or wholly or partially dismantled, or otherwise left unhoused or otherwise
left exposed to the element, no longer intended or in the condition
for ordinary use.
C.
One or more abandoned or irreparably damaged pieces of indoor
or outdoor furniture, including, but not limited to, sofas, lounge
chairs, mattresses, bed frames, desks, tables, chairs and chests of
drawers.
D.
One or more items of abandoned, discarded, or obviously unusable
lawn or garden equipment.
E.
One or more boat or watercraft not able to be used.
F.
One or more items of recreational equipment not able to be used.
G.
One or more kitchen or bathroom fixtures, including, but not
limited to, sinks, toilets, tubs, showers, and faucets.
JUNK MANUFACTURED HOME
A structure, transportable in one or more sections, built
on a permanent chassis and designed to be used as a dwelling unit,
which is currently not inhabited and is no longer habitable under
the New York State Uniform Fire Prevention and Building Code. Includes
mobile homes, manufactured homes.
JUNK MOTOR VEHICLE
Except as provided for in statute or other regulations, one
or more inoperative or unlicensed motor vehicles shall not be parked,
kept or stored on any premises, and no vehicle shall at any time be
in a state of major disassembly, disrepair, or in the process of being
stripped or dismantled. Exceptions:
A.
A vehicle of any type is permitted to undergo major overhaul,
including bodywork, provided that such work is performed inside a
structure or similarly enclosed area designed and approved for such
purposes.
JUNK STORAGE AREA
The areas of any parcel of land or body of water used for
the placement, storage or deposit of junk other than a commercial
junkyard.
JUNKYARD
A commercial enterprise that recycles material and/or sells
used parts of all sorts. Any junkyard will require a junkyard permit
from the Town of Conesus. The junkyard enterprise must demonstrate
the possession of all applicable Town, county, state and federal permits
for this type of operation.
MOTOR VEHICLE
All vehicles propelled or drawn by power other than muscular
power originally intended for use on public highways.
NUISANCE
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
York or its governmental agencies or the ordinances or local laws
of the Town. Any physical condition existing in or on the exterior
of any premises which is potentially dangerous, detrimental or hazardous
to the life, health or safety of persons on, near or passing within
the proximity of the premises where such condition exists.
PERSON
Any individual, firm, partnership, association, corporation,
company, or organization of any kind.
RUBBISH
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, including, but not limited to, garbage,
trash, ashes, paper, paper goods and products, wrappings, cans, bottles,
containers, yard clippings, garden waste, debris, junk, glass, boxes,
crockery, wood, mineral matter, plastic, rubber, leather, furniture,
household goods, appliances, bedding, scrap metal, construction material,
inoperable machinery or parts thereof, garden implements and supplies,
dead or rotting vegetation, tires, abandoned, inoperative or unusable
automobiles and vehicles and solid commercial or industrial waste.
The exterior of all premises shall be kept free of the following
matter, material, or conditions:
A. Refuse or rubbish or junk as hereinbefore defined.
B. Abandoned iceboxes, refrigerators, heaters, television sets and other
similar major appliances.
C. Rodents, vermin, pest infestations or rodent harborages.
D. Nuisances as hereinbefore defined.
E. Junk manufactured homes as hereinbefore defined.
F. Junk motor vehicles as hereinbefore defined.
[Adopted 6-3-2003 by L.L. No. 3-2003]
This article is adopted pursuant to the authority
granted the Town of Conesus in § 10 of the Municipal Home
Rule Law and in § 130(15) of the Town Law.
This article shall be known as the “Town
of Conesus Junk/Salvage Yard Law.”
By adoption of this article the Town of Conesus
declares its intent to regulate and control the storage and presence
of junk on commercial properties. The Town Board hereby declares that
a clean, wholesome and attractive environment is of vital importance
to the continued general health and welfare of the citizens of the
Town of Conesus. Unregulated and uncontrolled junk constitutes a hazard
to property and persons, and a public nuisance. Such materials may
be highly flammable and sometimes explosive. Junk, particularly junked
vehicles, may become attractive nuisances to children thereby posing
potential hazards and health threats. The presence of junk is unsightly
and tends to detract from the community’s property values unless
properly controlled and screened from view.
For the purpose of this article, the following
words and phrases shall have the meanings ascribed to them in this
article.
CODE ENFORCEMENT OFFICER (CEO)
Any person appointed by the Town Board to represent it in
particular matters pertaining to this article, hereinafter referred
to as “CEO.”
GOVERNING BOARD
The Town Board of the Town of Conesus, or any duly constituted
board of the Town (e.g., Planning Board, Zoning Board of Appeals)
so delegated by the Town Board to render a decision, carry out duties
on a specific topic or issue, or act on a portion of a resolution.
JUNK
The outdoor storage or deposit of, but not limited to, any
of the following shall constitute junk:
A.
One or more junk motor vehicles (as defined
below).
B.
One or more abandoned or inoperable appliances,
including, but not limited to, any stove, washing machine, dryer,
dishwasher, refrigerators, freezer, television, computer equipment,
hot water heater, water purification units or other household device
or equipment abandoned, junked, discarded or wholly or partially dismantled,
or otherwise left unhoused or otherwise left exposed to the element,
no longer intended or in the condition for ordinary use.
C.
One or more abandoned or irreparably damaged
pieces of indoor or outdoor furniture, including, but not limited
to, sofas, lounge chairs, mattresses, bed frames, desks, tables, chairs
and chests of drawers.
D.
One or more items of abandoned, discarded, or
obviously unusable lawn or garden equipment.
E.
One or more boat or watercraft not able to be
used.
F.
One or more items of recreational equipment
not able to be used.
G.
One or more kitchen or bathroom fixtures, including,
but not limited to, sinks, toilets, tubs, showers, and faucets.
JUNK MANUFACTURED HOME
A structure, transportable in one or more sections, built
on a permanent chassis and designed to be used as a dwelling unit,
which is currently not inhabited and is no longer habitable under
the New York State Uniform Fire Prevention and Building Code; includes
mobile homes, manufactured homes.
JUNK MOTOR VEHICLE
An unregistered vehicle, or a vehicle no longer intended
or in condition for legal use on the public highways; or accumulated
used or dismantled parts or materials from motor vehicles shall qualify.
JUNK STORAGE AREA
The areas of any parcel of land or body of water used for
the placement, storage or deposit of junk other than a commercial
junkyard.
JUNKYARD
A commercial enterprise that recycles material and/or sells
used parts of all sorts. Any junkyard will require a junkyard permit
from the Town of Conesus. The junkyard enterprise must demonstrate
the possession of all applicable Town, county, state and federal permits
for this type of operation.
MOTOR VEHICLE
All vehicles propelled or drawn by power other than muscular
power originally intended for use on public highways.
NUISANCE:
A.
Any public or private condition that would constitute
a nuisance according to the statutes, laws and regulations of the
State of New York or its governmental agencies or the ordinances or
local laws of the Town of Conesus.
B.
Any physical condition existing in or on the
exterior of any premises which is potentially dangerous, detrimental
or hazardous to the life, health or safety of persons on, near or
passing within the proximity of the premises where such condition
exists.
PERSON
Any individual, firm, partnership, association, corporation,
company, or organization of any kind.
RUBBISH
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, including, but not limited to, garbage,
trash, ashes, paper, paper goods and products, wrappings, cans, bottles,
containers, yard clippings, garden waste, debris, junk, glass, boxes,
crockery, wood, mineral matter, plastic, rubber, leather, furniture,
household goods, appliances, bedding, scrap metal, construction material,
inoperable machinery or parts thereof, garden implements and supplies,
dead or rotting vegetation, tires, abandoned, inoperative or unusable
automobiles and vehicles and solid commercial or industrial waste.
Where a junk/salvage yard is or would be visible from a public roadway, or from neighboring properties, the fence mandated in §
100-15, Fencing, shall be sufficient to totally screen the junkyard from view. Such screening may be supplemented by adequate planting of evergreen trees or appropriate shrubbery as deemed compliant with the intent of this section by the Governing Board of the Town of Conesus.
No materials shall be burned in a junk/salvage
yard except in compliance with the New York State Solid Waste Disposal
Law (See 6 NYCRR Part 215) and the New York State Uniform Building
and Fire Prevention Code (hereafter referred to as the “NYS
Uniform Code”).
No junk/salvage yard item(s) or item(s) defined as junk in §
100-13, Definitions, shall be buried on the premises of a junk/salvage yard operation except in compliance with the New York State Solid Waste Disposal Law (See 6 NYCRR Part 360) and the NYS Uniform Code.
No junk/salvage yard item(s) shall be stored
on the premises of a junk/salvage yard operation area other than those
items specified on a junk/salvage yard permit approved and issued
by the CEO after approval from the Governing Board of the Town of
Conesus pursuant to this article.
The applicant for a junk/salvage yard permit
shall obtain application forms from the Town Clerk. The completed
forms, along with one legible, acceptable copy of the proposed site
plan, and the appropriate fees, shall be returned to the Clerk. The
Clerk shall submit the application materials to the Code Enforcement
Officer. The Code Enforcement Officer shall then review and refer
the application materials to the Governing Board for its review.
The site plan shall be drawn to scale, indicate
all dimensions and show all:
A. Existing and proposed structures, including fences
and proposed vegetative screening.
B. Property lines including the names of owners of adjacent
property.
C. Streams, lakes, wetlands, floodplains, and other water
bodies.
D. Wells and sanitary facilities (public or private).
F. Existing and proposed junk/salvage yard areas.
G. Existing and proposed accessways, emergency lanes,
retail sales area(s), parking area(s) and loading area(s).
H. Areas and equipment for waste product handling, storage
and removal (e.g., gas, oil, coolant, batteries, transmission fluid,
filters, etc.).
An Environmental Assessment Form (EAF) shall
be completed and submitted with all applications pursuant to the provisions
of SEQR (the State Environmental Quality Review Act, 6 NYCRR Part
617). All junk/salvage yard applications shall be considered a Type
I action under SEQR, and an application cannot be deemed complete
until the SEQR process has been completed.
An application fee as stated by the Town of
Conesus Fee Schedule, as set by the Town of Conesus Town Board, shall accompany
all applications.
The Governing Board shall fix a time within
62 days of the date a complete application is received for public
hearing after approval. Notice of the hearing shall be made in the
official newspaper at least five days prior to the date thereof. At
the hearing the Governing Board shall hear the applicant and all other
persons wishing to be heard on the application for the junk/salvage
yard permit.
[Amended 6-6-2023 by L.L. No. 5-2023]
Within 62 days of said hearing, the Governing Board shall render a decision to approve, approve subject to conditions, or disapprove the application for a junk/salvage yard permit. The sixty-two-day period may be extended by mutual consent of the applicant and the Governing Board to a maximum of 90 days. All findings of the Governing Board shall be entered into the official minutes of the Governing Board. The decision of the Governing Board shall be filed in the office of the Town Clerk within five business days of being rendered. The applicant shall be notified of the decision and the reasons for such decision by certified mail within five business days of the filing of the decision of the Governing Board. Upon approval of the site plan and application, and the applicant’s payment of the designated fees and, in accordance with Chapter
117 of the Town Code, reimbursable costs due to the Town of Conesus, the Governing Board shall endorse its approval upon a copy of the final site and application.
The Governing Board shall take the following
aesthetic factors into consideration:
A. Type of roadway(s) servicing the junk/salvage yard
area.
B. Type of roadway(s) from which the junk/salvage yard
is visible.
C. Natural or artificial barriers protecting the junkyard
from view.
D. Proximity of the site to the established residential
and recreational areas.
E. The main access routes adjacent to and in proximity
to the junk/salvage yard.
The Governing Board shall take the following
location factors into consideration:
A. The nature and development of surrounding property
such as the proximity of public parks, churches, educational facilities,
nursing homes, public buildings, or places of public gathering.
B. Whether or not the proposed location can be reasonably
protected from affecting the public health and safety by reason of
offensive or unhealthy noise, odors or smoke, or other noxious emissions
and causes.
C. The proximity of streams, lakes, wetlands, floodplains,
groundwater supplies, and public water supplies.
D. Local drainage patterns or problems, especially soil
erosion concerns.
E. Long-range comprehensive plans for the Town.
F. Proximity of the site to established residential and/or
recreational areas.
G. Availability of other suitable sites for the junk/salvage
yard operation.
The Governing Board may revoke a junk/salvage
yard permit should the applicant fail to comply with any provision(s)
or standard(s) of this article or any other Town or state law. Should
the Governing Board decide to revoke a permit, the reason for such
revocation shall be stated in the minutes of the Governing Board and
a public hearing scheduled. The permit holder shall be immediately
notified of the date for public hearing. If not present at the public
hearing and the permit is revoked, the permit holder shall be notified
of the revocation by certified mail. Such person(s) shall cease and
desist from maintaining a junk/salvage yard. The operator(s)/owner(s)
shall remove completely from the premises, within 90 days from notification
by the CEO of the Town of Conesus, all junk/salvage and similar items
at their expense and to the satisfaction of the CEO. Should the Town
of Conesus incur any expense(s), these expenses shall be withdrawn
from the reclamation bond established at time of application.