[HISTORY: Adopted by the Town Board of the Town of Kingsbury
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-9-2009 by L.L. No. 2-2009 (Ch. 55, Art. I, of
the 1983 Code)]
The Town Code of the Town of Kingsbury is hereby amended by
adding thereto a new chapter, entitled "Junkyard Regulation and Licensing
Law of the Town of Kingsbury."
A clean, wholesome, attractive environment is declared to be
of importance to the health and safety of the inhabitants of the Town
of Kingsbury 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 citizens. It is further
declared that the unrestrained accumulation of junk is a hazard to
such health, safety and welfare of the citizens 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 should be encouraged
when not in conflict with the express purposes of this section, in
compliance with the requirements of this article, and otherwise operated
and maintained in a lawful manner.
The following definitions apply for purposes of this article,
notwithstanding any other provision of the Code of the Town of Kingsbury:
Any portable device in which a material is stored, transported,
treated, disposed of or otherwise handled.
A document describing organized, planned and technically
coordinated and financially feasible courses of action to be followed
in case of emergency or other special conditions. Such a document
prepared in accordance with New York State Environmental Conservation
Law §§ 27-2301 and 27-2303 shall be sufficient for
purposes of this article.
The accidental or intentional releasing, spilling, leaking,
pumping, pouring, emitting, emptying, discharging, escaping, leaching,
dumping, burying, abandoning or otherwise disposing into the environment
(including, without limitation, surface water or groundwater) of petroleum
as defined in § 172 of the New York State Navigation Law
or a hazardous substance as defined in § 27-1301(1) of the
New York State Environmental Conservation Law (except as to petroleum),
or 42 U.S.C. § 9601(14) (except as to petroleum).
No severe rusting, apparent structural defects or deteriorations
and not leaking.
Water below the land surface in a saturated zone of soil
or rock. This includes perched water separated from the main body
of groundwater by an unsaturated zone.
Junk motor vehicles and junk appliances as defined in this
article, as well as scrap iron, scrap tin, scrap brass, scrap copper,
scrap lead or scrap zinc, ferrous or nonferrous scrap, and all other
scrap metals and their alloys, and bones, rags, used cloth, used rubber,
used rope, used tinfoil, used bottles, old or used machinery, boxes
or crates, used pipe or used pipe fittings, used tires, other discarded
materials and other manufactured goods that are so worn, deteriorated
or obsolete as to make them unusable in their existing condition,
but are subject to being dismantled or recycled.
Any household appliance, including but not limited to a stove,
washing machine, dryer, dishwasher, freezer, refrigerator, air conditioner,
water heater, computer, television, which is stored outside of any
residence or enclosed structure for recycling or reclamation purposes.
Any motor vehicle, or used parts or waste materials from
motor vehicles which, taken together, equal in bulk one or more such
vehicle(s), which is unlicensed or unregistered; or abandoned, wrecked,
stored, discarded, dismantled or partly dismantled; or not in a condition
for legal use upon the public highways. The fact that a motor vehicle
does not display a current motor vehicle registration or license plate
shall be presumptive evidence that such motor vehicle is not in a
condition for legal use upon the highways.
Any of the following:
Any place of storage or deposit, whether in connection with
another business or not, where two or more junk motor vehicles 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, and where such junk or junk
motor vehicle is stored outside of any residence or enclosed structure.
Any place of storage or deposit for recycling or reclamation
of any household appliance, including but not limited to a stove,
washing machine, dryer, dishwasher, freezer, refrigerator, air conditioner,
water heater, computer, television, which is stored outside of any
residence or enclosed structure.
An establishment having facilities for processing iron, steel
or ferrous or nonferrous scrap and whose principal product is scrap
iron, steel or ferrous or nonferrous scrap for remelting purposes.
Any business required to be licensed as a junkyard pursuant
to § 136 of the New York State General Municipal Law.
Any business required to be licensed as a junk dealer pursuant
to Article 6 of the New York State General Business Law.
Any business required to be licensed as a scrap processor pursuant
to Article 6-C of the New York State General Business Law.
The following shall not be considered a junkyard and shall not
be regulated under this article:
Storage and/or warehousing of used motor vehicle parts in a
fully enclosed building(s) associated with a business engaged in selling
the same for use in motor vehicles and temporary indoor storage of
five or less inoperative motor vehicles only in conjunction with the
same.
The outdoor storage or deposit of one unregistered, old or secondhand
motor vehicle except as part of a legally licensed junkyard or legally
licensed car sales business.
Designed and maintained to prevent the escape of contained
liquids or other materials when appropriately closed, regardless of
container orientation (i.e., upright, tipped over).
Any device or material into which elemental mercury or mercury
compounds are intentionally added during the manufacture of such devices
and in which the continued presence of mercury is required to provide
a specific characteristic, appearance or quality or to perform a specific
function. Such items include but are not limited to convenience lighting
switches, anti-lock brake assemblies and high-intensity discharge
headlamps.
Any individual, association, partnership, corporation, limited-liability
company or other organization.
Lakes, ponds, reservoirs, impoundments, streams, drainageways,
springs, rivers, creeks, marshes and other wetlands, canals and all
other bodies of water, natural or artificial.
No person shall operate, establish or maintain a junkyard, nor
shall any landowner permit, allow, tolerate or consent to the operation,
establishment or maintenance of a junkyard, without a license to operate
such junkyard pursuant to this article.
A.
Each person applying for a junkyard license shall submit to the Town
Board an application, executed under oath and accompanied by the applicable
fee (as established by the Town Board),[1] which application shall be supplied by the Town of Kingsbury
Town Clerk and contain the following information:
(1)
A map or map(s) of the site where the junkyard is proposed, including
the following information:
(a)
Address and real property tax number;
(b)
Property lines, including the names of owners of adjoining properties;
(c)
Streams, lakes, wetlands, floodplains and other water bodies
on the site and adjoining properties, including those available for
fire protection purposes;
(d)
The topography of the site and any plans for grading the property
to be shown at a contour interval of not more than five feet;
(e)
The location of all wells and sanitary facilities on the property
or within 100 feet of the boundary of the property;
(f)
The location of any utilities, water, sewer or gas mains or
laterals on the site and on adjoining properties;
(g)
The location of any below-ground or aboveground storage tanks
on the site and on adjoining properties;
(h)
Drainage patterns on the site and on adjoining property;
(i)
Existing and proposed structures, including fences;
(j)
Roads and easements providing access to, on or through said
property;
(k)
Proposed storage areas, indicating the type of material which
will be stored in each area;
(l)
Existing and proposed accessways, aisles, parking and loading
areas; and
(m)
Proposed scale location(s).
(2)
A narrative describing the business activities to be conducted and
the nature of the materials involved in the intended business activity.
(4)
The name, residence, address and telephone number of each individual
owner, partner or, if a corporation, limited-liability company or
other organization, each officer, director or member thereof.
(5)
The name and address of the owner of the real property and the nature
of the right under which the applicant possesses the property.
(6)
The trade name, address and telephone number of the business.
(7)
A statement as to the applicant's compliance history, including,
without limitation, a statement as to whether the applicant has been
convicted of, charged with or received any notice of violation regarding
any crime, misdemeanor, violation or offense of any federal, state
or local law, or any of the following: § 136 of the New
York State General Municipal Law, Article 6 or 6-C of the New York
State General Business Law, § 415-a of the New York State
Vehicle and Traffic Law, any applicable provision of the New York
State Environmental Conservation Law, or any regulations promulgated
pursuant to said laws. The statement may include such other facts
or evidence deemed necessary to establish the fitness and capability
of the applicant to properly conduct the activity or business for
which the license is sought.
(8)
Whether the applicant is required to and has obtained a valid junk
dealer's license under Article 6 of the New York State General
Business Law.
(9)
Whether the applicant is required to and has obtained a valid scrap
processor's license under Article 6-C of the New York State General
Business Law.
(10)
Whether the applicant is required to and has been registered
with the New York State Department of Motor Vehicles and certified
by the Commissioner of the same pursuant to New York State Vehicle
and Traffic Law and 15 NYCRR Part 81.
(11)
As required by this article, proposed financial security for
closure and environmental site assessment, and proposed environmental
liability insurance for corrective measures in the event of a discharge.
(12)
Proposed contingency plan as required by this article in the
event of a fire or discharge or unauthorized material being received
at the junkyard.
(13)
A statement indicating that the applicant has purchased approved
motor vehicle refrigerant recycling equipment or refrigerant recapturing
equipment in accordance with New York State Environmental Conservation
Law § 38-0107.
(14)
Any other information relating to the proposed junkyard that
may be requested by the Town Board.
B.
The applicant shall submit an environmental assessment form pursuant
to the State Environmental Quality Review Act (SEQRA).[3] For unlisted actions, the applicant may submit a long-form
or short-form EAF. For Type I actions, the applicant shall submit
a long-form EAF. The application shall not be deemed complete until
the Town Board has determined that it has received all the application
materials required above and either issued a negative declaration
or accepted a draft environmental impact statement (DEIS) as satisfactory
with respect to scope, content and adequacy as required by SEQRA.
C.
The applicant shall agree that if granted the junkyard license applied
for, the applicant will conduct the activity or business pursuant
to the regulations hereinafter set forth and any additional conditions
which may be imposed upon such license, as provided, and that upon
the applicant's failure to do so, such junkyard license may be
revoked or subjected to enforcement actions pursuant to this article.
The applicant must obtain a certificate of zoning compliance
prior to making its application to the Town Board. The Code Enforcement
Officer shall review the applicant's proposed junkyard, including
the map(s) and narrative required by this article, for compliance
with the Zoning Code[1] and, where in compliance with said Zoning Code, issue
the applicant a certificate of zoning compliance stating that the
proposed junkyard will comply in all respects with the requirements
of the Zoning Code. The certificate of zoning compliance does not
relieve the applicant of site plan review by the Planning Board as
applicable under Article VIII of the Zoning Code.
The Town Board shall conduct a public hearing within 62 days
from the date it determines the application is complete. Notice of
the hearing shall be made in a newspaper in general circulation in
the Town at least five days prior to the date of the hearing. Written
notice of the hearing shall be provided to the applicant at least
10 days prior to the date of the hearing.
A.
Within 62 days of the close of the public hearing, the Town Board
shall render a decision on the application for a junkyard license
based upon the ability of the applicant to meet the junkyard regulations,
standards and requirements contained in this article and any other
matter within the purposes of this article. The sixty-two-day period
may be extended by mutual consent of the applicant and the Town Board.
The Town Board shall have the authority to impose reasonable conditions
and restrictions as are directly related to and incidental to the
proposed junkyard license.
B.
The Town Board shall make findings related to the standards, regulations
and requirements, as well as the purposes set forth in this article,
and shall enter such findings into the official minutes. The decision
of the Town Board shall be considered filed in the office of the Town
Clerk on the date it is rendered, and the applicant shall be notified
of the decision and the reasons for such decision by mail within five
business days of the decision of the Town Board. If denied, the Town
Board shall include reasons for such denial.
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, the Town Board shall take into account
the suitability of the applicant with reference to his ability to
comply with the following licensing standards, the regulations and
requirements of this article and other reasonable regulations concerning
the proposed junkyard, as well as any other matter within the purposes
of this article.
A.
Ownership or control. The Town Board shall require the applicant
to provide proof of legal ownership or the right to use of the property
for a junkyard purpose during the license period.
B.
Location. The Town Board shall take into account 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, smoke, noise, dust or other pollution. The Town Board shall
also take into account the available site access to the proposed location,
whether the transportation infrastructure is sufficient to provide
ingress and egress to the proposed site, as well as accommodating
for the increase in scope and intensity of the traffic. No license
shall be issued without obtaining a certificate of zoning compliance
as provided for in this article.
C.
Aesthetic. The Town Board shall 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.
D.
Compliance history. The Town Board may also consider the applicant's
history of compliance with any federal, state or local law or any
of the following: § 136 of the New York State General Municipal
Law, Article 6 or 6-C of the New York State General Business Law,
§ 415-a of the New York State Vehicle and Traffic Law, any
applicable provision of the New York State Environmental Conservation
Law, or any regulations promulgated pursuant to said laws.
A.
The junkyard shall be completely surrounded with a fence which completely
screens the facility from view and with a suitable gate which shall
be closed and locked at all times except during the working hours
of such junkyard or when the applicant or his agent shall be within.
Such fence shall be erected at a distance not less than 25 feet from
any lot line or any public road and not less than 50 feet from any
lot line that adjoins property zoned for residential use. Where the
topography, natural growth of timber or other considerations accomplish
the purposes of this article, in whole or in part, the fencing requirements
hereunder may be reduced, but not eliminated, by the Town Board upon
granting the license; provided, however, that such natural barrier
conforms to the purposes of this article.
B.
For uncovered areas where junk is to be stored for more than 24 hours,
a strip of land 25 feet in width shall be kept free of all dry grass,
junk, plant growth or other combustible material so as to provide
a fire break around the entire junk storage area. Where the design
of the junkyard makes all or part of the required buffer strip unnecessary,
such requirement may be reduced or eliminated by the Town Board upon
granting the license; provided, however, that adequate emergency access
is maintained at all times.
C.
All motor vehicles, and parts thereof, and all junk as hereinabove
defined, stored either permanently or temporarily by the applicant,
shall be kept within the enclosure of the junkyard except for reasonable
transportation of same.
D.
No motor vehicles or other junk shall be piled to any height above
one foot below the fence line, and not more than 20 feet high in the
Ind-75 Industrial District or 12 feet in any other zoning district,
and shall be stacked in a safe manner.
E.
No more than 50 unprocessed cars are allowed on the premises and
must be stored on a curbed concrete surface. However, the Town Board
may allow more than 50 unprocessed cars in such number as it deems
reasonable considering the proposed facility and its ability to prevent
discharges of leaking or spilled fluids from such cars. The Town Board
shall restrict the number of unprocessed cars allowed on the premises
as a condition in the junkyard license.
F.
The junkyard, together with all things therein, shall at all times
be maintained in a sanitary and orderly condition and arranged in
neat rows so as to permit emergency access as well as easy, clean
passage and inspection of the premises.
G.
No water shall be allowed to stand in any place on the premises in
such manner as to afford a breeding place for mosquitoes.
H.
No garbage or other waste likely to give off a foul odor or attract
vermin shall be kept on the premises, nor shall any refuse or garbage
of any kind be kept on the premises unless such is junk as defined
herein and is in use in the licensed business.
I.
No material shall be burned or buried on the premises.
J.
There shall be maintained at least one fire extinguisher of approved
design and capacity for each 40,000 square feet of area. Such fire
extinguisher shall be mounted or placed in a conspicuous place and
clearly marked.
K.
Suitable rest rooms and sanitary facilities shall be available for
the employees of such business.
L.
Sufficient off-street driveway, parking and loading areas shall be
provided for the licensee's customers such that all traffic and/or
parking will occur outside the roadway rights-of-way and the junkyard
does not create a hazard on nearby roadways.
M.
All fluid draining, removal and collection activities shall be conducted
on a concrete surface or other surface that allows equivalent protections
to surface water and groundwater. Such surfaces shall be cleaned daily,
or more frequently when spillage has occurred, using absorbent materials
that are collected and properly disposed of.
N.
All fluids shall be completely drained, removed, collected and stored
for appropriate use, treatment or disposal.
O.
Junk motor vehicles arriving at the junkyard shall be inspected upon
arrival for leaking fluids and unauthorized waste. Leaks should be
remedied or contained to avoid discharges of fluids to the environment.
P.
Prior to vehicle crushing or shredding, the following potential environmental
contaminants shall be drained, removed, deployed, collected and/or
stored, as appropriate and in accordance with best management practices:
(1)
Fluids including, but not limited to, engine oil, transmission fluid,
trans-axle fluid, front- and rear-axle fluid, brake fluid, power steering
fluid, coolant, and fuel;
(2)
Lead acid batteries;
(3)
Small PCB capacitors, mercury switches or other mercury-containing
devices;
(4)
Refrigerants used in automobile air-conditioning systems;
(5)
Air bags are deployed or removed; and
(6)
Any other potential environmental contaminants required to be drained,
removed, collected and/or stored as required by federal, state or
local law.
Q.
Fluids that are stored shall be placed in closed containers. The
containers shall be in good condition. The containers shall be clearly
and legibly marked as to contents. Containers shall be stored on a
bermed or curbed concrete surface or surface that allows equivalent
protection to groundwater and surface water.
R.
No drums, barrels, tanks or other vessels containing any kind of
liquid shall be stored outdoors at any time.
S.
Lead acid batteries shall not be stored on the ground. All lead acid
batteries shall be covered by a tarp or other means in a manner that
severely restricts water from coming into contact with the lead acid
battery. Leaking batteries shall be stored in a leakproof container
separately from intact lead acid batteries, and provisions shall be
in place to absorb any leakage.
T.
Small PCB capacitors, mercury switches and other mercury-containing
devices shall be stored in an appropriate, labeled container for recycling
or disposal.
U.
No more than 1,000 waste tires off vehicles shall be stored at the
facility at any one time unless all federal, state and/or local permits
are obtained.
V.
Fluids shall not be discharged on the ground or to surface water,
groundwater or the environment.
W.
Ensure the safe handling, processing and storage of any residues,
including, but not limited to, any fluids left over after an automobile
is crushed and parts have been extracted, in such a manner as to prevent
off-site migration or runoff of pollutants.
X.
Dust shall be effectively controlled so as not to constitute a nuisance
or hazard to health, safety or property.
Y.
The junkyard shall be maintained so as to prevent or control on-site
populations of vectors using techniques appropriate for protection
of human health and the environment and which prevent the facility
from being a vector-breeding area.
Z.
The junkyard shall have a contingency plan which includes a description
of the actions to be taken by junkyard employees in the event of a
fire, a discharge or unauthorized material being received at the junkyard.
AA.
The junkyard shall provide fluid retention records to the Town Board
on a monthly basis and shall provide the Town Board with a copy of
the junkyard's annual report to New York State DEC pursuant to
New York State Environmental Conservation Law § 27-2303.
BB.
No junkyard shall be allowed to become a nuisance, nor shall any
junkyard be operated in such a manner as to become injurious to the
health, safety or welfare of the community or of any residents.
The Town Board may grant a waiver from the dimensional (nonphysical)
requirements or regulations of this article and a variance from any
nondimensional regulation or requirement. The Town may grant such
a waiver or variance only if the following standards are met:
A.
Waiver standard. In granting a waiver of a dimensional (nonphysical)
requirement or regulations of this article, the Town Board must consider
the benefit to the applicant if the waiver is granted, as weighed
against the detriment to the health, safety and welfare of the neighborhood
or community by such waiver. In making such determination, the Town
Board shall also consider: whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the waiver; whether the benefit
sought by the applicant can be achieved by some method, feasible for
the applicant to pursue, other than a waiver; whether the requested
waiver is substantial; whether the proposed waiver will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood; and whether the alleged difficulty was self-created,
which consideration shall be relevant, but shall not necessarily preclude
the granting of the waiver.
B.
Variance standard. The Town Board may grant a variance from a nondimensional
requirement or regulation of this article only upon determining that
such action would be in keeping with the intent and spirit of this
article and the best interests of the Town and that denying such request
would result in unnecessary hardship to the applicant. In order to
demonstrate unnecessary hardship, the applicant must demonstrate that:
the applicant cannot realize a reasonable return, provided that lack
of return is substantial as demonstrated by competent financial evidence;
that the alleged hardship relating to the property in question is
unique and does not apply to other licensed or unlicensed junkyards
in the Town; that the requested waiver or variance, if granted, will
not produce an adverse impact on the physical or environmental conditions
in the neighborhood of the junkyard or would not alter the essential
character of such neighborhood; and that the alleged hardship has
not been self-created.
C.
Any waiver or variance authorized by the Town Board shall be made
by resolution containing the grounds for granting such relief. The
Town Board shall require such conditions as will, in its judgment,
secure substantially the objectives of the regulation or requirement
so waived or varied. Under no circumstances shall the Town Board vary
the limitations contained in the prohibition section[1] of this article.
No junkyard shall be licensed to operate within 500 feet of
a church, school, hospital, nursing home, public park, public building
or other place of public gathering, measured from the property line
of such place.
A.
The fee for a junkyard license shall be established from time to
time by the Town Board,[1] which sum shall cover not only the cost of issuing the
license itself but also the cost of making the necessary inspections
of the premises to ascertain compliance with the license conditions
and restrictions and the regulations hereinafter prescribed.
[1]
Editor's Note: See Ch. 46, Fees.
B.
A junkyard license shall be placed and at all times displayed in
a conspicuous place upon the licensed premises.
C.
A junkyard license shall be effective from April 1 until March 31
of the next succeeding year, or for the remaining portion thereof
when such a license is issued after April 1. An application for such
license must be made annually and submitted by March 1 each year that
the applicant desires to conduct or continue the junkyard.
(1)
An applicant who has previously been issued a license under this
article (not including temporary licenses) may apply for a renewal
license by submitting:
(a)
An application accompanied by the required application fee.
(b)
A certificate of zoning compliance.
(c)
An affidavit by the licensee certifying compliance with all
requirements of this article and any conditions of the existing license.
(d)
A short- or long-form EAF pursuant to SEQRA.
(e)
A revised estimate of costs for closure and environmental assessment
based on current operations at the facility and as proposed during
the term of the renewal license.
(2)
In considering such renewal application, the Town Board shall take
into account the suitability of the applicant with reference to his
ability to comply with the licensing standards, regulations and requirements
of this article and other reasonable regulations concerning the junkyard,
as well as any other matter within the purposes of this article.
D.
A junkyard license is personal to the licensee. It will not attach
to the title to the real property nor may it be sold, assigned, transferred
or otherwise disposed of.
E.
A junkyard license may be revoked by the Town Board for violating
any provision of this article or any condition or restriction of the
junkyard license according to the procedures in this article. Upon
revocation of a license, the Town Board may require the termination
of such activities upon the premises and removal of any junk or other
materials of the nature described herein which would constitute a
junkyard.
A.
Financial security for closure.
(1)
Application: At the time of application, the applicant shall provide
a detailed estimate, prepared by a licensed professional engineer,
for closure and environmental site assessment of the property in the
event the license is revoked, not renewed or the junkyard otherwise
ceases to operate.
(2)
Form of financial security for closure and environmental site assessment.
Before a junkyard license is issued, the applicant shall post with
the Town a surety bond issued by a surety company (or other acceptable
financial guarantee) satisfactory to the Town Board in an amount sufficient
to cover estimated costs for closure and environmental site assessment
should the junkyard license be revoked, not renewed or the junkyard
otherwise ceases operations. The applicant shall maintain such bond
(or other acceptable financial guarantee) satisfactory to the Town
at all times during the license period until such facility has completed
closure to the satisfaction of the Town Board and the environmental
condition of the property has been assessed. Failure to maintain such
bond (or other acceptable financial guarantee) in effect shall result
in immediate revocation of the junkyard license.
(3)
Upon its consideration of an application for a renewal license as
required under this article, the Town Board may review the sufficiency
of the financial security for closure and environmental site assessment
of the junkyard.
B.
Financial security for environmental contamination. Before a junkyard
license is issued, the applicant shall provide the Town Board with
a certificate of pollution legal liability insurance, acceptable to
the Town Board, by a financially responsible insurer, and such policy
shall name the Town as an additional insured under the policy, but
only to the extent that the Town has an insurable interest. Said policy
shall include coverage for cleanup of on-site and off-site contamination
from discharges at the junkyard or its operation or maintenance, including
property damage and remediation costs, of at least $5,000,000 per
occurrence and $5,000,000 in the aggregate for the term of the license
period. Failure by the applicant to maintain such insurance coverage
shall result in immediate revocation of the junkyard license.
C.
The holder of a junkyard license shall furnish the Town Clerk proof
of renewal of each insurance policy certificate and surety bond (or
other acceptable financial guarantee) required by this article and
not less than 60 days before the same would otherwise expire or terminate.
Any person or persons, jointly or severally aggrieved by any
decision of the Town Board concerning such license application pursuant
to this article, or any officer, department, board or bureau of the
Town, may have the decision reviewed by the New York State Supreme
Court in the manner provided by Article 78 of the Civil Practice Law
and Rules, provided the proceeding is commenced within 30 days after
the filing of the decision in the office of the Town Clerk.
A.
Licensed junkyards. Within 30 days of the effective date of this
article, a person operating or maintaining a junkyard, as defined
herein, and holding a valid license issued by the Town Board pursuant
to New York State General Municipal Law § 136 (an "existing
licensed junkyard") must apply for a junkyard license pursuant to
this article. Such existing licensed junkyard which does not fully
meet the regulations and requirements of this article may be granted
a temporary junkyard license subject to the requirements contained
in this section, which temporary junkyard license will be valid until
the date upon which the existing license pursuant to New York State
General Municipal Law would otherwise have expired or for six months,
whichever period is longer. At the end of such temporary period, any
such existing licensed junkyard must fully comply with all junkyard
regulations and requirements contained in this article and obtain
a junkyard license as provided in this article; otherwise, such existing
licensed junkyard shall be terminated and the person operating any
such junkyard shall immediately cease and desist from operating or
conducting same and shall close such junkyard by removing from such
place any junk or other materials of the nature described herein which
would constitute a junkyard.
B.
Except as otherwise provided in this section, all other persons operating
and maintaining a junkyard without a valid license issued by the Town
Board pursuant to New York State General Municipal Law § 136
must apply for a junkyard license within 30 days of the effective
date of this article or otherwise shall immediately cease and desist
from operating or conducting same and shall close such junkyard by
removing from such place any junk or other materials of the nature
described herein which would constitute a junkyard.
C.
Temporary license standards. In determining whether to issue any temporary license(s) under this section, the Town Board shall take into account the suitability of the applicant with reference to his ability to comply with the licensing standards contained in § 174-9A through D, other reasonable regulations concerning such junkyard and any other matter within the purposes of this article, but the Town Board shall not consider compliance with the regulations and financial security sections of this article.[1] The Town Board may, nonetheless, attach reasonable conditions
to such temporary license as may be required to protect the public
health, safety, welfare and environment of the Town.
A.
Enforcement officer. This article may be enforced by the Code Enforcement
Officer as designated enforcement officer. The Code Enforcement Officer
shall have the authority to enforce the provisions of this article,
the conditions and restrictions of a junkyard license and to inspect
premises within the Town as necessary for said enforcement.
B.
Inspections.
(1)
The Code Enforcement Officer shall make periodic inspections of the
Town to ensure that all existing junkyards have licenses and that
the requirements of this article are met. The enforcement officer
shall inspect all junkyards licensed under this article at least once
a year to determine whether such junkyards are being operated in accordance
with the provisions of this article, the conditions and restrictions
of such license, and other applicable provisions of law.
(2)
No person shall refuse entry to the Code Enforcement Officer or the
authorized representative of the Code Enforcement Officer attempting
to enter any premises for the purposes of inspection. Such entry shall
be permitted not only to areas open to the public but also to all
other areas.
C.
Revocation of license. The Town Board may revoke a junkyard license
upon reasonable cause should the applicant fail to comply with any
provision of this article or any condition or restriction of a junkyard
license. Before a junkyard license may be revoked, a public hearing
shall be held by the Town Board at which it shall hear from the license
holder(s) and all persons wishing to be heard on such matter. Notice
of the hearing shall be made in the official newspaper at least five
days prior to the date thereof. Written notice of such hearing may
be served by personal service or through certified mail, return receipt
requested, to the last known address of the property owner or junkyard
operator if different than the property owner. Service of such notice
shall be made 10 days before the scheduled hearing. When service is
made by certified mail, return receipt requested, service shall be
deemed complete upon delivery of the notice to the property owner
or junkyard operator.
D.
Operation of unlicensed junkyard and other violations. If the enforcement
officer shall find that an alleged junkyard exists without the necessary
license, or that a licensed junkyard is in violation of this article
or the conditions and restrictions of its junkyard license, the enforcement
officer is authorized to:
(1)
Issue a written notice to comply, which shall contain the following
information: the name of the person to whom the notice shall be addressed;
the location of the premises involved; a statement of the facts alleged
to constitute an unlicensed junkyard or a violation of this article
or the conditions and restrictions on a junkyard license; a demand
that the alleged offender bring the premises into compliance with
this article and/or its license, if any, within a specified number
of days after service of the notice; a statement that failure to comply
may result in prosecution; and a copy of the relevant provision(s)
of law or condition(s) and restriction(s) alleged to be violated.
(2)
Issue an appearance ticket to any such person and cause such person
to appear before the Town Justice.
E.
Penalties and remedies.
(1)
Any person found to be in violation of the provisions of this article
shall be deemed to have committed an offense against such law and
shall be subject to a fine not to exceed $1,000 or imprisonment for
a period not to exceed 30 days, or both. A penalty of $1,000 may be
recovered by the Town in a civil action. Each day such condition shall
continue shall constitute a separate offense.
(2)
The Town Board may enforce the requirements of this article utilizing
all provisions of this section and may maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance with or restrain by injunction the violation of any provision
of this article or the conditions and restrictions of a junkyard license.
(3)
No remedy specified in this section shall be the exclusive remedy
or penalty available to address any offense against this article,
and each such remedy or penalty specified in this section shall be
in addition to, and not in substitution for or limitation of, any
other remedies or penalties specified in this section or in any other
applicable law. Any remedy or penalty specified in this section may
be pursued at any time, whether prior to, simultaneously with or after
the pursuit of any other remedy or penalty specified in this section
or in any other applicable law.
