[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.]
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:
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.
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.
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;
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]
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]
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.
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]
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]
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]
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.
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.
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.
