[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.]
As used in this chapter, the following terms shall have the
meanings indicated:
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]
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:
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:
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.
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.
