No junkyard area shall be located within:
A.
Ten feet of any adjoining property line;
B.
Five hundred feet of any public park, church, educational facility,
nursing home, public building or other place of public gathering;
C.
Five hundred feet of any stream, lake, pond, wetland or other body
of water; or
D.
Twenty-five feet from the right-of-way of any public highway.
Junkyard fencing shall be erected and maintained and all equipment,
tools, and materials stored or used by the junkyard operation, and
all outdoor storage and junk, shall be located within the confines
of, and concealed by and behind, such junkyard fencing. Fencing requirements
may be waived or partially waived or altered during the permitting
process where topography or other natural conditions effectively screen
the junkyard and prohibit entrance by children and others.
Junkyard fencing is required for screening and, where appropriate,
this fencing requirement may be waived during the permitting process
where total, or so-called "blackout," screening is accomplished by
the planting of evergreen trees or shrubbery.
No junk items shall be stored in any junkyard unless such items
are specifically listed in the junkyard permit issued for such junkyard.
Nor may a number of listed items be stored in excess of the maximum
number of items allowed per the junkyard permit, if applicable. If
no limit is stated in the junkyard permit, then no such numerical
limitation shall apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No materials shall be burned in any junkyard except in compliance
with the New York State solid waste disposal laws (see 6 NYCRR Part
215, Open Fires).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No junkyard items shall be buried in a junkyard except in compliance
with the New York State solid waste disposal laws (see 6 NYCRR Part
360, Solid Waste Management Facilities General Requirements).
Notwithstanding any other local or ordinance of the Town, no
junkyards are allowed or permitted anywhere within the Town unless
a junkyard permit or a temporary junkyard permit has been duly obtained
under this chapter.
Every junkyard operator shall be personally responsible for
the management of, and activities in, the junkyard, including compliance
with this chapter and any permit conditions.
All junk, motor vehicles, junk motor vehicles, and any other
machines, devices, or objects that contain any gas, oil, solvents,
and other toxic, carcinogenic, or hazardous substances and liquids,
including, but not limited to, anti-freeze, brake fluid, refrigerants,
and the like (hereafter "regulated substances"), must:
A.
Have such fluids and regulated substances fully drained and removed;
B.
Have the related lines and reservoirs where such regulated substances
were stored or deployed rinsed and drained; and
C.
All regulated substances, removed or drained regulated substances,
and all rinsing compounds and materials collected from the rinsing
process, shall be lawfully disposed of as required by law, including
compliance with the requirements of the New York State Environmental
Conservation Law and Department of Environmental Conservation.
Every junkyard operator shall keep a log book, the form of which
must be approved by the Enforcement Officer. The log book shall contain
the following information for each junk motor vehicle brought into
the yard:
A.
The make, model, color, and year of such motor vehicle.
B.
The motor vehicle identification number, or similar serial number
or other identifying information.
C.
The arrival and disposal date(s).
D.
A certification that the motor vehicle arrived with or without an
engine, a fuel tank, a battery, brake lines, and a radiator (a "regulated
part"). If the motor vehicle had any regulated parts the certification
must state that any such regulated part was drained, rinsed, and the
contents and products thereof disposed of in a proper manner as required
by law.
E.
All entries in the log book shall be made in ink or typed, and such
log book shall be available for review by the Enforcement Officer
upon request.
F.
An annual certification shall be delivered to the Enforcement Officer
by the junkyard operator verifying annual compliance with the requirements
of this chapter, including that all regulated substances were properly
removed, all proper rinsing occurred, and lawful disposal of such
regulated substances properly occurred. No junkyard permit may be
renewed unless such certifications are filed and up to date prior
to the submission of any application for any junkyard permit renewal.
G.
An application for a new junkyard permit shall require that the applicant or proposed junkyard operator provide certifications similar to those required by Subsections D and F, immediately above, for any motor vehicles, junk motor vehicles, or other objects or things proposed to be stored at the site or already on site that contain or once contained any regulated substances.
