A.
An owner commits a violation of this chapter if such owner operates
or causes to be operated a junkyard within 1,000 feet of the nearest
edge of the right-of-way of any interstate or primary highway.
B.
An owner commits a violation of this chapter if such owner operates
or causes to be operated a junkyard within 500 feet of:
(1)
Any stream, lake, pond, wetland or other body of water;
(2)
Any designated area of special flood hazard as defined in Chapter 204, Flood Damage Prevention, of the Code of the Town of Milo;
(3)
The property line of a lot devoted to a public park or recreational
area which has been designated for park or recreational activities,
including but not limited to a park, playground, nature trails, swimming
pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle
paths, wilderness areas, or other similar public land within the Town;
(4)
The property line of a lot devoted to an Assembly Group A occupancy
as defined by the New York State Uniform Fire Prevention and Building
Code;
(5)
The property line of a lot devoted to a Business Group B occupancy
as defined by the New York State Uniform Fire Prevention and Building
Code;
(6)
The property line of a lot devoted to an Educational Group E occupancy
as defined by the New York State Uniform Fire Prevention and Building
Code;
(7)
The property line of a lot devoted to an Institutional Group I occupancy
as defined by the New York State Uniform Fire Prevention and Building
Code; and
(8)
The property line of a lot devoted to a Residential Group R occupancy
as defined by the New York State Uniform Fire Prevention and Building
Code.
No junkyard may encompass an area in excess of 10 acres.
For the purpose of this article, measurement shall be made in
a straight line, without regard to the intervening structures or objects,
from the nearest portion of the building or structure used as the
part of the premises where a junkyard is conducted to the nearest
property line of the premises of a use listed in this article. Presence
of a Town, village or other political subdivision boundary shall be
irrelevant for purposes of calculating and applying the distance requirements
of this article.
A.
The owner shall erect and maintain a fence at least eight feet in height that is in compliance with any other applicable provision of Chapter 197, Fences, of the Code of the Town of Milo 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 owner shall be within. Such fence shall be erected not nearer than 50 feet from a public highway. All junk, including parts thereof stored or deposited by the owner, 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 junk, including parts thereof within the vicinity of the junkyard, shall be accomplished within the enclosure. Where the 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 Planning Board, upon granting a special use permit; provided, however, that such natural barrier conforms to the purposes of this chapter.
B.
Gates. Up to two gates, not to exceed 20 feet in width each, are
allowed for any junkyard fence. More than two gates will be allowed
at the rate of one gate per 1,000 linear feet of perimeter fencing.
In addition to the fencing requirement, junkyards shall be completely
surrounded by vegetation that provides a year-round screen that may
reasonably be expected to be at least eight feet tall within two years
of planting. Plants shall be placed at regular intervals so as to
provide a continuous hedgerow without gaps or open spaces. The vegetation
shall be maintained as a continuous unbroken hedgerow for the entire
period the property is used as a junkyard and shall be planted not
more than four feet outside of the required fence. Dead or diseased
foliage shall be replaced at the next appropriate planting time. Each
owner, operator or maintainer of a junkyard shall use good husbandry
techniques, such as pruning and fertilizing, to maintain maximum density
and foliage.
Junkyards shall be operated in the following manner so as to
minimize harmful impacts on public health and the environment:
A.
Within 24 hours of arrival at the junkyard, the battery, door(s)
and/or lock(s) shall be removed, and all engine, transmission, brake,
coolant, and other fluids shall be drained, from the junk and stored
in watertight covered containers. A concrete or impervious surface
shall be provided; fluids shall only be drained while the junk is
located on this surface. All fluids shall be recycled or disposed
of in accordance with all applicable local, state and federal laws,
rules and regulations. No fluids shall be discharged into or onto
any soil or water body.
B.
The manner of storage and arrangement of junk, and the drainage facilities
of the junkyard, shall be such as to prevent the accumulation of stagnant
water upon the premises and to facilitate access for firefighting
purposes.
C.
Junkyards shall at all times be maintained so as not to constitute
a nuisance or a menace to the health of the community or of residents
nearby, or a place for the breeding of rodents and vermin, and shall
be maintained in a sanitary condition. No water shall be allowed to
stand in any place on the junkyard in such manner as to afford a breeding
place for mosquitoes and other such insects.
D.
Junk shall be stored in piles not exceeding six feet in height.
E.
No combustible material of any kind that is not necessary or beneficial
to the junkyard business shall be kept on the premises, nor shall
the premises be allowed to become a fire hazard.
F.
Inside, adjacent to and contiguous with the fence or enclosure, one
strip of land at least 10 feet in width shall be kept free of all
dry grass, junk, including parts thereof, plant growth or other combustible
material so as to provide a fire lane or break around the entire area
where the junkyard activity is conducted.
G.
No junk or other materials shall be burned or buried except in compliance
with Article 27 of the Environmental Conservation Law of the State
of New York and its implementing regulations promulgated by the New
York State Department of Environmental Conservation, which is Part
360 of Title 6 of the Official Compilation of Codes, Rules and Regulations
of the State of New York, and any other applicable law, rule or regulation.
H.
Firebreaks and access roads shall be provided by the owner and approved
by the appropriate fire department.
All access roads shall be designed and constructed under the
supervision of a professional engineer licensed in the State of New
York as fire apparatus access roads in accordance to the New York
State Fire Prevention and Building Code. Certification by such engineer
shall also be submitted to the Town of Milo documenting that such
roads were designed and constructed in accordance to this section.
The Planning Board, upon granting a special use permit, shall specify the amount and types of junk that may be stored or deposited in the junk storage area(s). No junk shall be stored in any junk storage area(s) other than those items specified on a special use permit which has been approved by the Planning Board pursuant to this chapter and Chapter 350, Zoning.
In addition to the requirements stipulated in this chapter and Chapter 350, Zoning, the applicant applying for a special use permit shall submit to the Code Enforcement Officer the following documents:
A.
A plan of the site where the junkyard is proposed, including address
and Tax Map identification numbers, that is drawn to scale and prepared
by a land surveyor, professional engineer or registered architect
licensed in the State of New York, which shall include the following:
(1)
Property lines including the name(s) of the owner(s) of abutting
property;
(2)
Streams, lakes, wetlands, floodplains, and any other water bodies,
including those available for fire protection purposes;
(3)
The topography of the site and any plans for grading the property
to be shown at two-foot intervals;
(4)
The location of all wells and sanitary facilities on the property
or within 100 feet of the boundary of the property;
(5)
Drainage patterns of the site;
(6)
Existing and proposed structures, including fences;
(7)
Roads and easements adjacent to, on or through said property;
(8)
Existing and proposed junk storage areas, indicating the amount and
type of junk which will be stored in each area; and
(9)
Existing and proposed accessways, aisles, and parking and loading
areas.
B.
The name, residence, address and telephone number of each owner,
partner, or, if a business entity, each officer, director and owner.
C.
The trade name, address and telephone number of the business.
D.
An official report from the Sheriff as to whether or not each owner
and/or director or officer has been convicted of any crime, misdemeanor,
or violation of any law, including but not limited to larceny, receiving
stolen goods and violations of Article 6 of the General Business Law
of the State of New York.
(1)
Convictions investigation. A set of fingerprint impressions of the
fingers and thumbs on both hands shall be taken by the Sheriff. The
Sheriff shall provide this service upon payment of the nominal fee
for such service. The Sheriff is authorized to forward the said fingerprints
to the New York State Division of Criminal Justice Services for a
criminal convictions investigation. The Sheriff shall secure from
the applicant the required fee for said investigation in the form
of a check or money order made payable to the New York State Division
of Criminal Justice Services and shall forward said payment together
with the fingerprints to the said agency. The information secured
as a result of said investigation shall be reviewed by the Sheriff,
who shall thereafter make his or her report to the Town's Planning
Board.
E.
The name and address of the owner of the real property and the nature
of the right under which such owner possesses the property.
F.
A detailed description of the business activities to be conducted
and the nature of the materials involved in the intended business
activity.
G.
The number of employees intended to be employed.
H.
A statement as to whether the owner has obtained a valid junk dealer's
license under Article 6 of the General Business Law of the State of
New York.
The owner shall provide written documentation that the junkyard
is in compliance with applicable local, state and federal laws.
