A. 
No person shall operate, establish, or maintain a junkyard within the Town unless a junkyard permit has first been issued for such junkyard pursuant to this chapter. No person owning or having any rights in and to real property located within the Town shall license, rent, lease, or otherwise permit the use of such real property or any part thereof for a junkyard unless a permit has first been issued for such junkyard pursuant to this chapter.
B. 
No junkyard permit shall be issued unless applicable zoning requirements have first been met, including, but not limited to, any zoning, special permit, or any site plan review requirements or approvals.
C. 
All junkyard permits shall be issued for a period of three years, and after the expiration thereof, a renewal of such junkyard permit shall be required.
D. 
Any junkyard operator owning, operating, or maintaining a junkyard prior to the effective date of this chapter shall apply for a junkyard permit within 60 days of the adoption of this chapter. If the junkyard does not meet the requirements of this chapter, then a temporary junkyard permit shall be issued for a period not to exceed one year, during which time the junkyard shall be arranged or improved as to come into compliance with the requirements of this chapter. If, at the end of such year, the junkyard is not in compliance with this chapter, the junkyard operator shall cease and desist from maintaining or operating a junkyard, all junk shall be removed from the premises, and the premises shall come into compliance with the requirements of this chapter and the Property Maintenance Code.
The applicant for a junkyard permit shall obtain application forms from the Enforcement Officer. The completed forms, along with the proposed site plan and the permit application fee, shall be returned to the Enforcement Officer. The Enforcement Officer shall review and submit the application materials to the Town Board. The Town Board may refer the matter to the Town Planning Board to make a recommendation to the Town Board concerning the approval, approval with conditions, or denial of the application. All provisions of this chapter shall serve as a guide relative to the application, the application review, and any junkyard permit issuance or renewal, including any listed junkyard permit conditions.
A. 
The site plan shall be drawn to scale and indicate all dimensions and show:
(1) 
All existing and proposed structures, including fences and existing or proposed junkyard fencing upon the property;
(2) 
All property lines, including the names of owners of adjacent properties;
(3) 
All streams, lakes, wetlands, floodplains, and other water bodies on or within 500 feet of the property;
(4) 
All wells and sanitary facilities on or within 500 feet of the property;
(5) 
All roads and easements on or within 500 feet of the property;
(6) 
All existing and proposed junk, outdoor storage, and other storage areas on the property;
(7) 
All existing and proposed accessways, all parking areas, and all loading areas.
B. 
If site plan review is required under any other law or ordinance and such site plan contains the above information, such site plan may be submitted with the junkyard permit application and such submission shall be deemed substantial compliance with this requirement.
A Full "Long Form" Environmental Assessment Form (FEAF) shall be completed and submitted with all applications pursuant to the provisions of the State Environmental Quality Review Act and its implementing regulations found at 6 NYCRR Part 617. An application for a junkyard permit shall be deemed a Type I Action. If the environmental review of the FEAF indicates that the proposed activity may produce potentially significant environmental impacts or consequences, the Town Board shall require that a Draft Environmental Impact Statement be submitted by the applicant. No junkyard permit may be issued until the SEQRA review process has been concluded.
A nonrefundable fee for a junkyard permit shall accompany all applications in an amount as the Town Board may, from time to time, establish by resolution.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Town Board shall fix a time and place for a public hearing upon the application within 62 days of the later of either the date a complete application is received or the date a complete application is received and any required zoning or other approvals have been obtained, such as, but not limited to, a variance, a site plan review, or a special permit. Notice of the hearing shall be made in the Town's official newspaper at least five days prior to the date of such hearing.
In conducting a junkyard permit application review, and when considering granting or denying a junkyard permit, the Town shall take the following aesthetic factors into consideration:
A. 
The type of roads servicing the junkyard, or from which the junkyard can be seen.
B. 
The natural or artificial barriers existing or proposed to protect the junkyard from view.
C. 
The proximity of the site to established residential or recreational areas and main access routes thereto.
In conducting a junkyard permit application review, and when considering granting or denying a junkyard permit, the Town shall take the following locational factors into consideration:
A. 
The nature and character of development of surrounding properties, such as the proximity of public parks, churches, educational facilities, nursing homes, public buildings, or places of public gathering.
B. 
Whether or not the proposed location allows for the mitigation any potential or actual impacts upon public health or safety, such as potential impacts from noise, odors, smoke, or other causes.
C. 
The proximity of streams, lakes, wetlands, floodplains, groundwater supplies, and public water supplies.
D. 
The local drainage patterns.
E. 
The long-range Comprehensive Plans or zoning of the Town.
F. 
The proximity of the site to established residential or recreational areas.
G. 
The availability of other viable and suitable sites for the junkyard.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Within 62 days of the close of the public hearing the Town Board shall render a decision to approve, approve subject to conditions, or disapprove the application for a junkyard permit. The sixty-two-day period may be extended by mutual consent of the applicant and the Town. All findings of the Town Board shall be entered into the official minutes of the Town and promptly filed in the Office of the Town Clerk. 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. After an approval, and upon compliance with any conditions stated in such approval and the payment of any fees and reimbursable costs due the Town, the Town Board shall endorse its approval upon a copy of the final site plan and application.
If the application is approved by the Town Board, a junkyard permit shall be issued by the Enforcement Officer after endorsement by the Town Board of the final site plan and application. If the approval was subject to conditions that cannot reasonably be fulfilled prior to the issuance of the junkyard permit, then the Enforcement Officer shall list the conditions upon the face of the junkyard permit, and compliance at all times with such conditions shall be required for such junkyard permit to remain valid or not subject to revocation.