[HISTORY: Adopted by the Town Board of the Town of Delaware 11-11-1982 by L.L. No.
4-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 220.
This is a chapter regulating the establishment and operation
of junkyards in the Town of Delaware, Sullivan County, New York. It
may be referred to as the "Town of Delaware Junkyard Law."
This chapter is enacted for the purpose of establishing minimum
health and safety standards for junkyards in the Town of Delaware
as well as controlling the location of the same so as to limit problems
of incompatibility with other activities.
This chapter shall apply to all junkyards now existing or hereafter
proposed in the Town of Delaware. No junkyard shall be created except
in conformance with the standards herein, and all junkyards shall
be required to conform with said standards or be removed at the owner's
expense.
As used in this chapter, the terms listed below shall be interpreted
and are hereby defined as follows:
The use of any building, land area or other premises for
the display and sale of new or used automobiles of operable condition,
panel trucks or vans, trailers or recreation vehicles, and including
any warranty repair work and other repair service conducted as an
accessory use. No business or facility generating less than 50% of
its gross sales from the actual sale of new or used automobiles (excluding
parts, repairs, etc.) shall be considered an automobile sales lot.
An area of land, with or without buildings, used for the storage,
outside a completely enclosed building, of used and discarded materials,
including but not limited to wastepaper, rags, metal, glass, building
materials, house furnishings, machines, vehicles or parts thereof,
with or without the dismantling, processing, salvage, sale or other
use or disposition of the same.
The outside storage or deposit on a lot of two or more vehicles
which do not have current licenses issued by the New York State Department
of Motor Vehicles shall be considered a junkyard. Agricultural vehicles
such as tractors, mowers, etc., which are utilized as part of an active
farming operation and contractors' construction equipment shall
be exempt from this interpretation. Automobile sales lots managed
by licensed automobile dealers and storage areas for recognized antique
automobiles or other operable special purpose vehicles shall also
be exempt.[1]
Junkyards shall conform with the following standards:
A.
Any junkyard located adjacent to a federal aid highway shall comply
with all regulations of the Federal Highway Administration and provide
evidence of the same to the Town of Delaware.
B.
No junkyard created after the effective date of this chapter shall
be located closer than 500 feet to an existing public right-of-way
or 500 feet to any adjoining property.
C.
New junkyards shall comply in all respects with the provisions of Chapter 220, Zoning, of the Town of Delaware Code and be considered uses subject to plan approval by the Planning Board under said chapter. Junkyards shall, moreover, be permitted only in a Rural (RU) District.
D.
All new and existing junkyards must erect and maintain a six-foot
fence adequate to discourage the entrance of children or others into
the area and to contain within such fence materials dealt in by the
owner or operator. If an existing junkyard is located adjacent to
a public street or residential area, the fence shall be 25 feet from
the boundary line thereof and be adequate to screen all portions of
the junkyard from view from the public street or from residential
areas. All fencing must be approved by the Planning Board and produce
a screen through which one generally cannot see. Various materials,
including evergreen screening, may be used. The Town Board shall be
responsible for taking measures (including securing injunctive relief)
to ensure maintenance of fencing.
E.
The area used for a junkyard shall not be used as a dump area or
as a place for the burning and disposal of trash.
F.
No junkyard or portion of a junkyard shall be located on a slope
exceeding 12% in grade or located above or below the level of the
junkyard).
G.
Existing nonconforming junkyards shall, within a period of one year following the effective date of this chapter, be removed or brought into compliance with § 140-5A, D and E. Existing junkyards shall not be expanded except in conformance with the complete provisions of § 140-5, and in no case will any change in an existing junkyard which would lessen its conformity with these regulations be permitted.
A.
Any person or persons proposing to establish or expand a junkyard in the Town of Delaware shall prepare site plans of the same to be submitted to the Planning Board under the site plan review procedures of Chapter 220, Zoning. Plans shall be prepared by a professional engineer at a scale of one inch equals 100 feet or larger. They shall be in sufficient detail to document compliance in every respect with the standards of this chapter.
B.
Existing junkyards shall be identified and notified of any nonconformities
with this chapter within 60 days of the effective day of this chapter.
The Town of Delaware Building Inspector shall be responsible for this
procedure and shall, additionally, inform all owners of existing nonconforming
junkyards of the action which must be taken to comply with this chapter;
the time available to take those actions; and the consequences of
violations.
C.
The Town Board may establish and from time to time revise a fee schedule
for junkyard plan submissions.
Variations to the standards contained herein may be approved
by the Town Board upon recommendation of the Town Planning Board and/or
Building Inspector in order to accommodate unusual site conditions.
A.
Any person who violates any provision of this chapter shall be deemed
to have committed an offense against this chapter and also shall be
liable for said violation.
B.
Any person, firm or corporation violating this chapter shall be subject
to a penalty, enforceable and collectible by the Town, of a maximum
fine of $250 or by imprisonment for not more than 15 days, or both;
such penalty shall be collectible by and in the name of the Town.[1]
C.
Each day of continued violation after notice thereof shall constitute
a separate violation and offense.
D.
In addition to the above provided penalties, the Town Board may also
maintain an action or proceeding in the name of the Town in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of any portion of this chapter.
