The governing board of the Town of Bergen recognizes
that the proper storage or disposal of unregistered, abandoned, dismantled
or partially dismantled automobiles, as well as other large scrap
metal objects, is in the overall best interests of the residents of
the Town of Bergen in order to avoid potential health hazards or nuisances,
protect property values in the community and provide for a pleasing
visual landscape. As such, the governing board institutes the policies
set forth in this chapter and asks the cooperation and support of
the residents of this community.
The purpose of this chapter is to provide for
the uniform regulation of junkyards and used material collection or
processing operations. It is not intended to prevent the operation
of such a business; rather, it seeks to allow such a use of land to
exist in harmony with surrounding land uses and be an asset to the
community.
This chapter shall be known as the "Junkyard
and Used Material Processing Law of the Town of Bergen, New York."
By the adoption of this chapter, the Town Board of the Town of Bergen
declares its intent in so doing to regulate, control and license the
activities or business known as auto "graveyards," junkyards, secondhand
parts collection areas, the processing of used materials for resale
and the dumping, storage and disposal of waste, secondhand or used
materials of whatever composition. Said Town Board hereby declares
that such activities or businesses can constitute a hazard to property
and persons and a public nuisance. Such materials may be highly inflammable
and sometimes explosive. Gasoline tanks on old autos often contain
in some quantity combustible gasoline; the engine and other parts
of such autos are frequently covered with grease and oil which is
also inflammable. The tires, plastic seats, tops and other elements
of such autos are also inflammable. Batteries and other elements of
such autos can contain acids and other matter potentially harmful
to humans. These autos frequently contain sharp metal or glass edges
or points upon which a human can receive serious cuts and abrasions.
These autos can constitute attractive nuisances to children and certain
adults. The presence of such businesses even in areas zoned for industry
is unsightly and tends to detract from value of surrounding land and
property unless such areas are properly maintained and operated.
As used in this chapter, the following terms
shall have the meanings indicated:
DISMANTLING FOR IMMEDIATE REPAIR
Dismantling operations necessary to repair the vehicle, machine
or equipment of the customer of a junkyard operator. Said operations
can be completed within a short period of time (less than eight hours),
and the vehicle or machine will be in operable condition upon completion
of said repairs.
DISMANTLING FOR SALVAGE
Dismantling operations performed on a machine, vehicle or
piece of equipment in which the components of the vehicle or machine
are removed and used (or stored) for their own intrinsic value rather
than as part of the entire vehicle or machine. The operations render
the vehicle or machine, as a whole, inoperable and are performed solely
because of the value of the parts or components, rather than of the
whole.
JUNKYARD
An area of land, including buildings thereon, on which metal,
automobiles, wastepaper, rags, and other materials are collected,
stored, processed, dismantled, and/or sold.
JUNKYARD OPERATOR
The owner of land upon which a junkyard is located, or his
associates or assignees responsible for the operations and conduct
of business in the junkyard.
STACKED
Piling two or more vehicles, machines, pieces of equipment,
or other materials on top of one another to make use of vertical space
rather than horizontal space.
[Amended 8-22-1983 by L.L. No. 1-1983]
No new junkyards are permitted in the Town of Bergen. Existing junkyards of which qualify as legal nonconforming uses under Chapter
475, Zoning, of the Town of Bergen must continue to comply with the provisions of the Junkyard and Used Material Processing Law of the Town of Bergen.
The operator of a junkyard shall be licensed according to the provisions of §
304-8 of this chapter. This license shall be renewed on a yearly basis.
[Amended 8-22-1983 by L.L. No. 1-1983; 12-28-1991 by L.L. No.
4-1991]
A. The fee for the issuance of the license, the fee for
inspection of the premises to ascertain compliance with the regulations
hereafter prescribed, and the fee for reinspection, if necessary,
shall each be fixed in a sum to be determined by the Town Board.
B. Such license shall be placed and at all times displayed
in a conspicuous place at the licensee's place of activity or business
for which it is issued.
C. Such license shall be effective from the date of its
issuance until the 31st day of August of the year of such issuance
after which a new application for license must be made every year.
D. Such license is personal with the licensee. It does
not go with the title of the land nor may it be sold, assigned, transferred
or disposed of.
E. Such license may be revoked by the Town Board upon
good cause shown, after a public hearing thereon at which the licensee
shall have an opportunity to be heard. Upon revocation of the license,
the Town Board may require the removal of autos, parts and materials
left from said premises.
Those junkyards legally operating at the time
of adoption of this chapter, yet which do not conform to some or all
provisions of this chapter, shall initiate substantial procedures
to comply with all provisions of this chapter within a six-month period
after adoption. Front yard screening shall be completed within six
months after adoption of this chapter. The remaining compliance procedures
must be completed within two years from the date of adoption of this
chapter. Failure to do so shall result in the revocation of the operator's
license.