The applicant for a junkyard permit or permit renewal shall
obtain application forms from the Town Clerk. The completed forms,
along with one copy of the proposed or existing site plan, and the
appropriate fees, shall be returned to the Clerk. Applications for
annual renewal must be submitted by February 1 of each year after
initial issue. The Town Clerk shall submit the application materials
to the Town Planning Board for their review. The Town Planning Board
shall submit the application materials along with their recommendations,
to the Town Board within 60 days of receipt. Applicant shall also
furnish names and addresses of adjacent property owners.
An environmental assessment form (EAF) shall be completed and
submitted with all applications pursuant to the provisions of the
State Environmental Quality Review Act (see 6 NYCRR 617). If the EAF
indicates that the proposed activity may have significant environmental
consequences, the Town Board shall require that a draft environmental
impact statement (DEIS) be submitted with the application. The application
shall not be considered complete until the DEIS has been accepted
by the Town Board. No EAF will be required for permit renewal unless
the renewal increases the size or changes the character of the junkyard.
[Amended 5-4-1998 by L.L.
No. 1-1998]
A nonrefundable application fee, as set by resolution of the
Town Board from time to time, shall accompany all applications for
initial permits or renewal affecting the size or character of the
junkyard. Routine annual renewal applications shall be accompanied
by a nonrefundable fee, as set by resolution of the Town Board from
time to time.[1]
[Amended 5-4-1998 by L.L.
No. 1-1998]
The Town Board shall hold a public hearing within 62 days of
the date a complete application is received by the Town Board. Notice
of the hearing shall be made in the official newspaper at least five
days prior to the date thereof. At the hearing, the Town Board shall
hear the applicant and all other persons wishing to be heard on the
application for a junkyard permit. A permit shall be renewable annually
without a public hearing upon payment of the annual fees unless the
renewal increases the size or changes the character of the junkyard.
[Amended 5-4-1998 by L.L.
No. 1-1998]
Within 62 days of said hearing, the Town Board shall render
a decision to approve, approve with conditions or to disapprove the
application for a junkyard permit. The forty-five-day period may be
extended by mutual consent of the applicant and the Town Board. If
the application is disapproved, the reasons for such disapproval shall
be entered into the Town Board minutes. The applicant shall be notified
of the decision and the reasons for such decision by certified mail
within five days of the decision of the Town Board.
A.
If the application is approved by the Town Board, a junkyard permit
shall be issued by the Town Clerk. Approval shall be personal to the
applicant and not assignable.
B.
If the application is approved with conditions by the Town Board,
the Town Clerk shall issue a junkyard permit upon notification by
the Enforcement Officer that said conditions have been complied with.
In reviewing, granting or denying a permit, the Town Board shall
take the following aesthetic and locational factors into consideration:
B.
Locational considerations.
(1)
The nature and development of surrounding property, such as the proximity
of public parks, churches, educational facilities, nursing homes,
public buildings or places of public gathering.
(2)
Whether or not the proposed location can be reasonably protected
from affecting the public health and safety by reason of offensive
or unhealthy noise, odors of smoke, or of other causes.
(3)
The proximity of streams lakes, wetlands, floodplains, groundwater
supplies and public water supplies.
(4)
Local drainage patterns.
(5)
Long range Comprehensive Plans for the Town.
(6)
Proximity of the site to established residential or recreational
areas.
(7)
Availability of other suitable sites for the junkyard.
