[HISTORY: Adopted by the Town Board of the
Town of West Seneca 2-1-1988. Amendments noted where applicable.]
A clean, wholesome, attractive environment is
essential to the health, safety and general welfare of the community
and to the maintenance and continued development of the economy. It
is further declared that the unrestrained operation of junkyards,
as defined herein, is a hazard to such health, safety and general
welfare of the community, necessitating the regulation thereof. At
the same time, it is recognized that junkyards are a useful and necessary
business, not to be discouraged when not in conflict with the express
purposes of this section.
As used in this chapter, the following terms
shall have the meanings indicated:
The Building Department of the Town of West Seneca.
Scrapped, dismantled or wrecked motor vehicles or parts thereof,
or other scrap ferrous and nonferrous material.
An establishment or place of business which is maintained,
operated or used for storing, buying or selling, dismantling, salvaging
or handling junk.
Any vehicle propelled or drawn by power other than muscular
power, originally intended for use on paved or unpaved surfaces.
Any individual, corporation, partnership, association, agency
or any other legal entity.
The Town Board of the Town of West Seneca.
Applicants shall comply with all applicable
state laws and local laws, such as but not limited to the following:
A.
Section 136 of the General Municipal Law (licensing).
B.
Section 415-a of the Vehicle and Traffic Law (dismantling
registration).
C.
Section 89 of the Highway Law (junkyard siting).
E.
Sections 17-0501 and 17-0701 of the Environmental
Conservation Law (water pollution).
F.
Section 120-22A(4) of the Zoning Ordinance of the Town of West Seneca.
No person shall operate, establish or maintain
a junkyard without:
A.
Certificate of zoning compliance. The applicant shall
obtain a letter of zoning compliance, to be issued by the Building
Department, prior to proceeding with the application.
B.
License and location requirements. The applicant shall
submit an application for a license to operate a junkyard and for
the approved location of such junkyard using forms supplied by the
Building Department. The applicant shall also follow site plan review
procedures.
A.
Date and considerations. The Town Board shall hold
a public hearing not less than two (2) weeks nor more than four (4)
weeks from the date of receipt of the Planning Board's recommendations
and shall hear statements from the applicant and all others wishing
to be heard at the hearing.
(1)
Licensing considerations. The Town Board shall consider
the applicant's ability to comply with fencing and any other local
regulations, any record of criminal convictions and any other relevant
information.
(2)
Location considerations. The Town Board shall consider
proof of legal ownership or the right to the use of the site, the
nature of the development of the surrounding property and whether
or not the proposed location poses a serious threat to public health
and safety.
(3)
Other considerations. The Town Board may also take
into account aesthetic considerations. In this connection, the Town
Board may consider the type of road servicing the junkyard and the
natural and/or artificial barriers screening the junkyard from public
view. Upon a negative determination, the availability of other suitable
sites should be considered.
B.
Decision. The Town Board shall decide to grant or
deny the application within forty-five (45) days of the hearing date,
giving notice of its decision by mail to the address given on the
application.
A.
Issuance of license. If approved and upon payment
of a fee established by the Town Board, the license shall be issued
at the direction of the Town Board and will remain in effect for one
(1) year. The license is not transferable.
B.
Renewal. The license may be renewed each year upon
payment of the annual license fee without a hearing, provided that
all provisions of this chapter are complied with, the junkyard does
not become a public nuisance and the licensee is not convicted of
any type of larceny or the receiving of stolen goods. Where any of
these situations has occurred, such license may be revoked by the
Town Board after a public hearing thereon. Upon revocation of a license,
the Town Board may require the removal of all junk on the premises.
Owners of junkyards already established shall
be subject to the provisions of this chapter and shall comply with
such provisions before their licenses are renewed.
A.
Standards.
(1)
Location. All future junkyards shall be so located
that no part thereof shall be within five hundred (500) feet of a
church, school, hospital or public building.
(2)
Fencing and screening. All junkyards shall be completely
surrounded by a fence at least eight (8) feet in height with gates
that can be closed and locked. Such fence shall be a minimum of fifty
(50) feet from a public street. In addition to security, such fence,
including any landscaping, shall also provide a visual screen or buffer
sufficient to conceal all junk and operations from public view. Fencing
and landscaping shall be maintained in such manner as to present a
neat and orderly appearance at all times.
(3)
Fire lanes. Fire lanes offering adequate access to
building and storage areas shall be provided and maintained as required
under the New York State Uniform Fire Prevention and Building Code.
(4)
Arrangement. All junk shall be piled or arranged in
neat rows to permit easy and clear passage through the area.
B.
Requirements.
(1)
The licensee shall personally manage the activity
for which the license is granted.
(2)
The licensee shall maintain an office and keep permanent
books and records which shall be maintained on the premises at all
times.
(3)
Gates shall be kept locked in a secure manner whenever
the junkyard is not supervised by the licensee or his employees.
(4)
No junkyard shall be used as a dump area nor as a
place for burning and disposal of trash.
(5)
The Enforcement Officer or the Town Board or any of
its representatives shall be granted access to any junkyard at all
reasonable hours to inspect for compliance herewith.
Any person aggrieved by any decision of the
Code Enforcement Officer relative to the provisions of this chapter,
or the Town of West Seneca, may appeal such decision to the Zoning
Board of Appeals, as provided in the Zoning Ordinance of the Town
of West Seneca.[1]
Any person who violates any provision of this
chapter or any regulation adopted hereunder is guilty of an offense
punishable by a fine not exceeding three hundred fifty dollars ($350.)
for the first violation; a minimum of three hundred fifty dollars
($350.) and a maximum of seven hundred dollars ($700.) for a second
violation within five (5) years; and a minimum of seven hundred dollars
($700.) and a maximum of one thousand dollars ($1,000.) for a third
or subsequent violation within five (5) years; or imprisonment for
a period not to exceed six (6) months, or both. Each week's continued
violation shall constitute a separate violation.
The Building Inspector shall be empowered to
enforce this chapter and the regulations set forth herein.
