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 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.