A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants and the safeguarding of their material rights against unwarrantable invasion and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Town of Hoosick and the general welfare of its citizens. It is further declared that the following constitute a potential hazard to the health, safety and welfare or citizens of the Town of Hoosick, necessitating the regulation, restraint and elimination thereof: the unrestrained accumulation of junk motor vehicles and secondhand parts collection areas; the processing of used metals for resale; and the dumping, storage and disposal of waste, secondhand or used materials of whatever composition. At the same time, it is recognized that the maintenance of junkyards as hereinafter defined is a useful and necessary business and ought to be encouraged when not in conflict with the express purposes of this chapter.
[HISTORY: Adopted by the Town Board of the Town of Hoosick 4-10-1995 by L.L. No. 1-1995. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Any place of storage or deposit, whether in connection with another business or not, where two or more unregistered, old or secondhand motor vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose; such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles; "junkyard" shall also mean any place of storage or deposit, whether in connection with another business or not, of any other secondhand or used property of whatever material it is composed or any waste material whether composed of wood, paper, cloth, cardboard, plastics, metals, stone, cement or otherwise.
No person shall operate, establish or maintain a junkyard on real property within the Town of Hoosick either for himself or for and on behalf of any other person directly or indirectly as agent, employee or otherwise, either for profit or otherwise, at wholesale or retail, without first obtaining a license to operate a junkyard business, which license shall be granted by the Town Board.
Application for the license shall be made, in writing, to the Town Board, and shall be in the annexed form as prescribed and as may be amended from time to time by the Town Board. The application shall be accompanied by a map of and deed to the property upon which the junkyard is proposed to be located. The application shall also be accompanied by a certificate of insurance with proof of liability insurance not less than $100,000 per person and $300,000 per incident.
A hearing on the application shall be held not less than two nor more than six weeks from the date of the receipt of the application by the Town Board. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and shall be published once in a newspaper having a circulation within the Town, which publication shall be not less than five days before the date of the hearing.
At the time and place set for hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish or maintain the junkyard. In considering such application, it shall take into account the suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regulations concerning the proposed junkyard, to any record of convictions for any type of larceny or receiving of stolen goods, and to any other matter within the purpose of this chapter.
In passing upon the same, the Town Board shall take into account, after proof of legal ownership or right to use such property for the license period by the applicant, the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of gathering; and whether or not the proposed location can be reasonably protected from affecting the public health and safety by reason of offensive or unhealthy odors or smoke, or of other causes.
At the hearing regarding location of the junkyard, the Town Board may also take into account the clean, wholesome, and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection, the Town Board may consider collectively the type of road servicing the junkyard or from which the junkyard may be seen, the natural or artificial barriers protecting the junkyard from view, the proximity of the proposed junkyard to established residential and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for the junkyard.
After the hearing, the Town Board shall, within two weeks, make a finding as to whether or not the application should be granted, giving notice of its finding to the applicant by mail, postage prepaid, to the address given on the application. If approved, the license, including the certificate of approved application, shall be forthwith issued to remain in effect until the following April 1. Approval shall be personal to the applicant and not assignable. The license shall be conditioned upon the applicant obtaining any and all local, state and federal licenses and permits required for operation of the junkyard within 90 days of notice of approval. Licenses shall be renewed thereafter upon payment of the biannual license fee without hearing, provided all provisions of this chapter are complied with during the license period, the junkyard does not become a public nuisance under the common law and the applicant is not convicted of any type of larceny or the receiving of stolen goods. The determination of the Town Board may be reviewed under Article 78 of the Civil Practice Law and Rules.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The initial license fee shall be paid at the time of application. The term of the initial license shall be for one year. Renewal licenses shall have a term of two years. The initial license fee and the renewal license fee shall be set by the Town Board by resolution from time to time and are on file in the Town offices. In the event the application is not approved, the fee shall be returned to the applicant. The Town, in addition to the license fee, may assess the applicant with the costs of advertising such application and such other reasonable costs incident to the hearing as are clearly attributable thereto and make the license conditional upon payment of same.
A.
Before use, a new junkyard shall be completely surrounded with a fence at least eight feet in height 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 applicant or his agent shall be within. Such fence shall be erected not nearer than 50 feet to a public highway. All motor vehicles and parts thereof stored or deposited by the applicant shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of same in the reasonable course of the business. All wrecking or other work on such motor vehicles and parts shall be accomplished within the enclosure.
B.
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 Town Board upon granting the license; provided, however, that such natural barrier conforms with the purposes of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For the purposes of this chapter, junkyards already established and in possession of a valid permit to operate issued pursuant to this chapter shall be considered approved by the Town Board and the owner thereof deemed suitable for the issuance of a license. Such owners shall be required to pay the biannual license renewal fee on or before April 1, 1996. Such licenses shall be renewed without hearing upon payment of the aforesaid license renewal fee, provided all provisions of this chapter are complied with; the junkyard does not become a public nuisance under the common law and the applicant is not convicted of any type of larceny or the receiving of stolen goods. All rights under this section are personal to owners of junkyards already established and in possession of a valid permit to operate issued pursuant to this chapter, and said rights are not assignable.
Notwithstanding any of the foregoing provisions of this chapter, no junkyard hereafter established or approved shall be licensed to operate, in any fashion, within 500 feet of a church, school, adult care facility, nursing home, hospital, public building, place of public assembly, or residence, except a residence owned by a licensee under this chapter.