[Adopted 9-25-1989 by L.L. No. 1-1989]
No motor vehicle junkyard or sanitary landfill shall be established
or expanded hereafter in any area of the Town until a special use
permit shall have been granted by the Board of Appeals for such use.
A.
No motor vehicle junkyard shall be operated or established hereafter
in any area of the Town except in accordance with § 136
of the General Municipal Law regulating automobile junkyards and those
applicable regulations which follow.
B.
No sanitary landfill shall be established or operated in any area
of the Town except in accordance with state regulations and those
regulations which follow.
Before a permit for a motor vehicle junkyard or sanitary landfill
is issued, the Board of Appeals shall find that such automobile junkyard
or sanitary landfill will not constitute a detriment to the public
health, safety, welfare, convenience and property values by reason
of dust, smoke, fumes, noise, traffic, odors, vermin or other condition.
The Board of Appeals may specify any reasonable requirements to safeguard
the public health, welfare, safety, convenience and property values
in granting such permit, including the following:
A.
No motor vehicle junkyard shall be located within 200 feet from any
highway, stream or property line or within 500 feet from any existing
dwelling, church, school, public building or place of public assembly.
B.
No sanitary landfill shall be located within 200 feet from any highway,
500 feet from any stream or property line or within 1,000 feet from
any existing dwelling, church, school, public building or place of
public assembly.
C.
Any motor vehicle junkyard or sanitary landfill shall be completely
surrounded with a fence, at least eight feet high, which substantially
screens said area and having a suitable gate which shall be closed
and locked except during the working hours of said automobile junkyard
or sanitary landfill. Where the topography, natural growth of timber
or other considerations accomplish the purposes of this section in
whole or in part, the fencing requirements hereunder may be reduced
or waived by the Board of Appeals; provided, however, that such natural
barrier conforms to the purposes of this section and is maintained.[1]
