Town of Colden, NY
Erie County
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[HISTORY: Adopted by the Town Board of the Town of Colden 2-11-1976. Section 67-1 and 67-6A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Waste storage and disposal — See Ch. 102.
Zoning — See Ch. 108.
As used in this chapter, the following terms shall have the meanings indicated:
JUNKYARD
A place where junk, waste, discarded or salvaged materials are stored, bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned, including auto wrecking or dismantling yards, house wrecking yards, used lumber yards and places or yards for use of salvaged house wrecking and structural steel materials and equipment; but not including pawn shops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing, for the processing of used, discarded or salvaged materials as part of manufacturing operations or for the sale, purchase or storage of used motor vehicles or salvaged machinery to be reused for the purposes for which originally manufactured.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
No person, firm or corporation shall buy, sell, store, collect, distribute or deal in any of the materials mentioned in this chapter or conduct what is known as a "junk shop," without first procuring a license from the Town Board. All applications for licenses for junkyards or junk shops, and any annual renewals thereof, shall be made to the Town Board which shall, before any licenses are issued, refer said application to the Planning Board and the Conservation Board of the Town of Colden, each of which boards shall promptly cause an inspection to be made of the premises involved, and shall thereafter report to the Town Board within 30 days. The Town Board shall then hold a public hearing on any original license application upon 10 days' notice. The Town Board shall further cause notice of said hearing to be mailed to the owners, lessees and occupants of all real property within 500 feet of the boundaries of the premises which are the subject of the application.
B. 
The Town Board may approve the application and attach any reasonable conditions and regulations to said license. The Town Board may refuse to issue a license under this chapter if it appears:
(1) 
The applicant has been convicted of a crime.
(2) 
The applicant, in the judgment of the Town Board, is unfit for any reason to properly use the premises in the manner proposed in the application.
(3) 
The general health, safety and welfare of the community would be adversely affected.
C. 
The Town Board may revoke any license issued under this chapter if it shall be determined, after a public hearing thereon, that the licensee has for any reason violated any of the provisions of this chapter or of the terms and conditions of the license.
D. 
Said license shall expire one year from the date thereof. Applications for annual renewal shall be made in the same manner as the original license application, including reports from the Planning and Conservation Boards. No public hearing shall be required before action on an application for annual renewal of a license, but the Town Board may hold a public hearing on any application for renewal if, in its discretion, it deems that a public hearing be necessary or appropriate.
E. 
All licenses issued hereunder shall be personal only and shall not be transferrable and shall not run with the land. No vested rights regarding existing or nonconforming use of the premises or otherwise shall accrue to the owner or operator of the premises by virtue of the issuance of a license hereunder.
A. 
Every person, firm or corporation desiring to obtain any such license shall file a written application, duly subscribed, describing the character of the business in which the applicant desires to engage, the kind of material in which he desires to deal and an accurate description of the business to be conducted in such place within the township, including a sketch of the premises intended to be enclosed. The application for such license shall also state:
(1) 
Whether or not the applicant is the owner and lessee of the premises to be used; and
(2) 
Whether or not the applicant has ever been convicted of a misdemeanor or felony, and the place and dates of such conviction.
B. 
In the event that the applicant is the lessee of the premises, the owner of the premises shall be required to join in said application, jointly and severally.
The fee for an application for a license under this chapter and any annual renewals thereof shall be $25 to be paid to the Town Clerk, together with said application. Said fee shall become part of the general funds of the Town of Colden.
A. 
The Town Board may include any reasonable conditions or requirements in any license which it deems reasonably necessary or appropriate to protect the health, safety and welfare of the community.
B. 
The Town Board shall consider which, if any, of the following conditions and requirements shall be included in any license which shall be issued. The record of the proceeding shall state reasons for the inclusion or exclusion of each of the conditions set forth below and reasons for the inclusion of any other reasonable conditions in said license.
(1) 
Fencing and visual screening through landscaping.
(2) 
Setback of operational area from road and boundary lines of adjacent premises.
(3) 
Limitations on physical size of premises used in the operation and also the quantity of material which may be stored or processed on the premises.
(4) 
Appropriate safety measures to restrain the public from free access to a possibly hazardous area.
(5) 
Restriction on the use of premises and operations thereon in order to prevent safety hazard to persons or property such as open burning, the use, storage or discharge of flammable, poisonous or other deleterious substances.
(6) 
Restriction on the use of premises and operations thereon in order to prevent damage to the immediate or general environment, such as land clearing, erosion, pollution of streams, air or surrounding earth.
(7) 
Restriction on the use of premises and operations thereon in order to prevent hazards to health, such as conditions which may promote proliferation of rodents, insects or disease bearing organisms; or the storage, processing or discharge of substances which promote growth of harmful bacteria.
(8) 
Restriction on use of premises and operations thereon in order to prevent a public nuisance, such as excessive noise, discharge of noxious odors, glare and noise during hours of darkness.
(9) 
Bonding or other financial security arrangements in order to secure the performance of the use on the premises or operation of premises in conformity with the terms of the license and to insure that the premises are brought into conformity with the license requirements or returned to their former state in the event of a default by the owner or operator.
(10) 
Any other restrictions deemed reasonably necessary or appropriate because of special or unusual circumstances of the applicant, the premises or the proposed operation in order to secure the health, safety and welfare of the community and to maintain the spirit and intent of this chapter.
(11) 
Junkyards shall be a minimum of 50 acres with no portion thereof less than 250 feet from any lot line and further subject to Chapter 67, Junkyards, of the Code of the Town of Colden as now existing or hereafter amended.
[Added 5-9-2002 by L.L. No. 1-2002]
A. 
Any person, firm or corporation violating any of the provisions of this chapter, including failure to obtain a license required hereby shall forfeit his license, as aforesaid, if any has been issued, and shall be subject to a fine of not more than $250 or imprisonment not to exceed 15 days, or both.
[Amended 12-29-1984 by L.L. No. 1-1984]
B. 
Each week's continued violation shall constitute a separate additional violation.