[HISTORY: Adopted by the Town Board of the Town of Poestenkill 12-14-1978 by L.L. No.
3-1978 (Ch. 98 of the 1986 Code). Amendments noted
where applicable.]
A clean, wholesome, attractive environment is declared to be
of importance to the health and safety of the inhabitants and the
safeguarding of their material rights against unwarrantable invasion
and, in addition, such an environment is deemed essential to the maintenance
and continued development of the economy of the Town and the general
welfare of its residents. It is further declared that the unrestrained
accumulation of junk motor vehicles is a hazard to such health, safety
and welfare of residents of the Town necessitating the regulation,
restraint and elimination thereof. At the same time, it is recognized
that the maintenance of junkyards, as hereinafter defined, is a useful
and necessary business and ought to be encouraged when not in conflict
with the express purposes of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any outdoor place of storage or deposit, whether in connection
with another business or not, where more than two unregistered motor
vehicles, no longer intended or in condition for legal use on the
public highways, are held, whether for the purpose of resale of used
parts therefrom, for the purpose of reclaiming for use some or all
of the materials therein, whether metal, glass, fabric or otherwise,
for the purpose of disposing of the same or for any other purpose;
such term shall include any place of storage or deposit for any such
purposes of used parts or waste materials from motor vehicles which,
taken together, equal in bulk more than two such vehicles; provided,
however, that the term "junkyard" shall not be construed to mean an
establishment having facilities for processing iron, steel or nonferrous
scrap and whose principal produce is scrap iron, steel or nonferrous
scrap for sale for remelting purposes only.
All vehicles propelled or drawn by power other than muscular
power, originally intended for use on public highways.
The Town of Poestenkill, Rensselaer County, the State of
New York.
No person shall operate, establish or maintain a junkyard until
he has obtained a license to operate a junkyard business and has obtained
a certificate of approval for the location of such junkyard.
Application for the license and the certificate of approved
location in the Town shall be made in writing to the Town Board of
the Town of Poestenkill, and the application shall be accompanied
by a certificate from the Zoning Board that the proposed location
is not within an established district restricted against such uses
or otherwise contrary to the prohibitions of any zoning ordinance
or local law. The application shall contain a description of the land
to be included within the junkyard.
A hearing on the application shall be held within the Town not
less than two nor more than four weeks from the date of the receipt
of the application by the Town Board. Notice of the hearing shall
be given to the applicant by mail, postage prepaid, to the address
given in the application and shall be published once in a newspaper
having a circulation within the Town, which publication shall be not
less than seven days before the date of the hearing.
A.
At the time and place set for hearing, the Town Board shall hear
the applicant and all other persons wishing to be heard on the application
for a license to operate, establish or maintain the junkyard. In considering
such application, it shall take into account the suitability of the
applicant with reference to his ability to comply with the fencing
requirements or other reasonable regulations concerning the proposed
junkyard, to any record of convictions for any type of larceny or
receiving of stolen goods, and to any other matter within the purposes
of this chapter.
B.
At the time and place set for the hearing, the Town Board shall hear
the applicant and all other persons wishing to be heard on the application
for certificate of approval for the location of the junkyard. In passing
upon the same, it shall take into account, after proof of legal ownership
or right to such use of the property for the license period by the
applicant, the nature and development of surrounding property, such
as the proximity of churches, schools, hospitals, public buildings
or other places of public gathering; and whether or not the proposed
location can be reasonably protected from affecting the public health
and safety by reason of offensive or unhealthy odors or smoke or of
other causes.
C.
At the time and place set for the hearing, the Town Board will consider
the location of the junkyard and may also take into account the clean,
wholesome and attractive environment which has been declared to be
of vital importance to the continued general welfare of its citizens
by considering whether or not the proposed location can be reasonably
protected from having an unfavorable effect thereon. In this connection,
the Town Board may consider collectively the type of road servicing
the junkyard or from which the junkyard may be seen, the natural or
artificial barriers protecting the junkyard from view, the proximity
of the proposed junkyard to established residential and recreational
areas or main access routes thereto, as well as the reasonable availability
of other suitable sites for the junkyard.[1]
[Amended 2-19-2003 by L.L. No. 1-2003]
After the hearing, the Town Board shall, within two weeks, make
a finding as to whether or not the application should be granted,
giving notice of its finding to the applicant by mail, postage prepaid,
to the address given on the application. If approved, the license,
including the certificate of approved location, shall be forthwith
issued to remain in effect until the following April 1. Approval shall
be personal to the applicant and not assignable. Licenses shall be
renewed annually thereafter, provided that all provisions of this
chapter are complied with during the license period, the junkyard
does not become a public nuisance under the common law and the applicant
is not convicted of any type of larceny or the receiving of stolen
goods. The determination of the Town Board may be reviewed under Article
78 of the Civil Practice Law and Rules.
[Amended 2-19-2003 by L.L. No. 1-2003]
A.
The application
and initial license fee, valid until the next following April 1, shall
be paid at the time the application is made. In the event that the
application is not granted, the fee shall be returned to the applicant.
The Town, in addition to the license fee, may assess the applicant
with the costs of advertising such application and such other reasonable
costs incident to the hearing as are clearly attributable thereto
and may make the license conditional upon payment of the same.
A.
Before use, a new junkyard shall be completely surrounded with a
suitable fence at least eight feet in height which substantially screens
and with a suitable gate which shall be closed and locked except during
the working hours of such junkyard or when the applicant or his agent
shall be within. Such fence shall be erected not nearer than 50 feet
from the nearest right-of-way of a public highway. All motor vehicles
and parts thereof stored or deposited by the applicant shall be kept
within the enclosure of the junkyard except as removal shall be necessary
for the transportation of the same in the reasonable course of the
business. All wrecking or other work on such motor vehicles and parts
and all burning of the same within the vicinity of the junkyard shall
be accomplished within the enclosure.
B.
Where topography, natural growth of timber or other considerations
accomplish the purposes of this chapter in whole or in part, the fencing
requirements hereunder may be reduced by the Town Board upon granting
the license; provided, however, that such natural barrier conforms
to purposes of this chapter.
For the purpose of this chapter, the location of junkyards already established in the Town shall be considered approved by the Town Board where located and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of the chapter, however, the owner shall furnish the Town Board the information as to location which is required in an application, together with the license fee, and the Town Board shall issue him a license valid until the next April 1, at which time such owner shall comply with all other provisions of this chapter, including the fencing requirements set forth in § 145-9 of this chapter.
Notwithstanding any of the foregoing provisions of this chapter,
no junkyard hereafter established shall be licensed to operate if
such yard or any part thereof shall be within 500 feet of a church,
school, hospital, public building or place of public assembly.
Violators of any of the portions of this chapter shall be guilty
of an offense punishable by a fine not exceeding $250, and each week
that such violation is carried on or continues shall constitute a
separate violation.
