[HISTORY: Adopted by the Town Board of the Town of New Windsor 9-4-1968 by L.L. No. 6-1968 (Ch. 27 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Chemical and hydrocarbon spills — See Ch. 119.
Environmental quality review — See Ch. 130.
Littering — See Ch. 185.
Property maintenance — See Ch. 223.
Solid waste — See Ch. 246.
Abandoned and junked vehicles — See Ch. 276.
Zoning — See Ch. 300.
The intent of this chapter is to enable the Town of New Windsor to regulate and control the use of any land, lot, structure or part thereof as a junkyard.
As used in this chapter, the following terms shall have the meanings indicated:
JUNKYARD
A lot, land or structure, or part thereof, used for the regular collection, sorting, baling, storage or sale of wastepaper, rags, scrap metal or discarded materials, or for the collecting, dismantling, storage or salvage of machinery or vehicles not in operable or running condition, or for the sale of parts thereof, except that this definition shall not apply to nor limit the use of lots, land or structures or parts thereof by a business or industry which, in the regular and normal conduct of such business or industry, incidentally generates, as a by-product of such conduct or activity, rags, wastepaper, scrap metal, discarded materials or machinery or vehicles not in operable or running condition. In any event, the above exception notwithstanding, the storage of two or more vehicles not in running or operable condition on any lot, land or structure, or part thereof, for one month or more shall constitute use as a junkyard.
VEHICLE
Any passenger automobile, truck, tractor-truck, trailer, bus, motorcycle or other mechanism or means of transport or conveyance of persons, animals or things, however propelled, and includes bulldozers and other mechanical earth-moving equipment of every kind and description.
A junkyard may be located only in a zone or district designated as Planned Industrial (PI), and no part of any junkyard shall be within 500 feet of any church, school, hospital, public park, public building or place of public assembly, and not more than one license to establish, maintain or operate a junkyard within a PI District shall be issued unless, after a public hearing, the establishment of an additional junkyard within a given PI District is justified to be in the best interests of all concerned.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The junkyard shall be set back so that no part thereof will be closer than 25 feet to any public-highway right-of-way line or to any adjoining property line, and the site thereof shall not be enlarged in any dimensions. Such junkyard shall be completely enclosed by a wooden fence 10 feet in height above the level of the public highway (and, similarly, said fence shall not be any closer than 25 feet to any public highway or right-of-way) or by a similar fence of other material sufficiently effective to screen the contents of the junkyard from public view, with openings for ingress and egress only. The maintenance of such fence in continuing good repair shall be a prerequisite to continued conduct of the operation of the junkyard. No junkyard operations or activity of any kind shall be conducted outside of the enclosure.
No individual, partnership, association or corporation shall establish, maintain or operate a junkyard until he or it has submitted to the Town Board of New Windsor a duly completed application and:
A. 
The Zoning Board of Appeals has certified that the proposed junkyard is to be located in an authorized zone or district;
B. 
The Planning Board has certified that the junkyard plans and specifications are in accord and compliance with the pertinent provisions of this chapter and other related laws and ordinances of the Town of New Windsor;
C. 
The Planning Board has held a public hearing and completed a comprehensive State Environmental Quality Review (SEQR) study as hereinafter prescribed; and[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
The Town Clerk has issued a license for the establishment, maintenance and operation of a junkyard.
A. 
A public hearing on the application, supported by required certificates from the Zoning Board of Appeals and the Planning Board, shall be held not less than two nor more than four weeks from the date on which the application was filed with the Planning Board. Notice of the hearing shall be mailed to the applicant, postage prepaid, to the address indicated on the application and shall be published once in a newspaper circulated within the Town, which publication shall be made not less than seven days before date of hearing.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
At the hearing the Planning Board shall take into account, among other factors and considerations, the applicant's record of arrests or convictions, if any; his ability to comply with all laws, ordinances and regulations affecting the proposed junkyard; his legal title or other interest in the property proposed to be used as a junkyard; and the effect of a junkyard, generally, upon the immediate environment of its proposed location.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The applicant shall pay for all costs incurred by the Town in connection with publication of notices and other related administrative expenses, in addition to the license fee.
Within six weeks after conclusion of the public hearing, the Planning Board shall announce and mail notice to the applicant of its findings and decision to grant or deny the application. The applicant may appeal from the Board's decision by resorting to judicial review under the provisions of Article 78 of Civil Practice Law and Rules of the State of New York.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
A license to establish, maintain or operate a junkyard shall be effective until December 31 only and renewable annually as of January 1 of each year, by special permit with the Planning Board, without public hearing, provided that all provisions of this chapter and other pertinent laws, regulations and ordinances have been complied with during the license period, the junkyard does not deteriorate into a public nuisance and the licensee has not been convicted of any type or degree of larceny or of receiving stolen goods.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The license is granted personally to the applicant and is not assignable. The licensee is personally responsible for the operation, management and conduct of the junkyard and for complete compliance with this chapter and other applicable laws, ordinances and regulations.
C. 
The license fee shall be as listed in the Schedule of Fees[2] and is to be paid at the time of filing the application (to be returned if the application is denied) and as listed in the Schedule of Fees annually thereafter with each renewal, application for which shall be made not later than December 1 for the following calendar year.[3]
[2]
Editor's Note: See Ch. 137, Fees.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
In addition to such other action as the Town Board or Planning Board may institute in the event of the licensee's failure to comply with the provisions of this chapter, it may also, after a hearing, revoke the license for cause. Upon revocation the licensee shall immediately discontinue and cease the operation of the junkyard and remove all parts, items and materials constituting junk as indicated in § 176-2 hereof.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The license shall be conspicuously posted in the junkyard office or other appropriate place within the yard.
B. 
No part of the junkyard shall be used as a dump area or as a place for accumulating or disposing of garbage or trash. There shall be no burning of garbage, trash, debris or junk waste within the junkyard or on any portion of junkyard property.
C. 
The licensee shall assure that all junk materials are arranged in an orderly manner so as to permit easy and clear passage to and through all areas of the junkyard.
D. 
Upon demand of the Chief of Police, any article or thing in the junkyard shall be displayed to the Chief of Police or any other person duly designated by him.
E. 
The Code Enforcement Officer or Town police shall be granted access to the junkyard at all reasonable hours to inspect for compliance with this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be the duty of the Code Enforcement Officer or Town police to enforce compliance with this chapter, and no approvals of any kind shall be issued by any Town official unless all provisions of this chapter have been satisfied.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The owner or licensee of any such junkyard who commits or permits any acts in violation of any of the provisions of this chapter shall be deemed to have committed an offense against such chapter and also shall be liable for any such violation or the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
B. 
For every violation of any provision of this chapter, the person violating the same shall be guilty of a misdemeanor, subject to a fine of not less than $250 nor more than $1,000 or imprisonment not exceeding one year, or by both such fine and imprisonment.
C. 
Conviction for violation of this chapter shall constitute and effect an immediate forfeiture of the license.
D. 
In addition to the above-provided penalties and punishment, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).