[HISTORY: Adopted by the Town Board of the Town of Moreau 2-11-2003
by L.L. No. 2-2003.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 4.
Fences — See Ch. 70.
Abandoned vehicles — See Ch. 134.
Zoning — See Ch. 149.
[1]
Editor's Note: This local law also repealed former Ch. 87, Junkyards,
adopted 12-11-1973 as Ch. 21 of the 1973 Code, as amended.
A.
This chapter is adopted pursuant to the authority granted
the Town of Moreau in § 10 of the Municipal Home Rule Law and in
§ 130(6) and 130(15) of Town Law.
B.
This chapter shall be known as the "Town of Moreau Junkyard
Law."
C.
The purpose of this chapter is to regulate only junkyards
operated commercially for a profit. The Town Board hereby declares that a
clean, wholesome and attractive environment is of vital importance to the
continued welfare of its citizens. Regulation of junk and junkyards is necessary
to protect the community from potential hazards to property and persons, to
protect water resources, and to preserve the aesthetic qualities of the Town.
The presence of unregulated junkyards is unsightly and tends to depreciate
not only the property on which they are located but also the property of other
persons in the neighborhood and the community generally.
For the purpose of this chapter, the following words and phrases shall
have the meaning ascribed to them in this chapter:
The Building Inspector/Code Enforcement Officer, or any person appointed
by the Town Board to enforce the provisions of this chapter.
Any abandoned, discarded or inoperative household appliance, including
but not limited to a stove, washing machine, dryer, dishwasher, freezer, refrigerator,
air conditioner, or television, which is stored outside of any residence or
structure.
Abandoned, discarded or irreparably damaged furniture, including
but not limited to sofas, lounge chairs, mattresses, bed frames, desks, tables,
chairs, chest of drawers and like items.
Any enclosed dwelling built upon a chassis or trailer used or designed
to be used for either permanent or temporary living and/or sleeping purposes
which meets two out of three of the following conditions for six months or
more:
The areas of any real property used or intended to be used for the
placement, storage or deposit of one or more of the following; junk appliances,
junk furniture, junk mobile homes, and/or junk vehicles.
Any motor vehicle, motor home or recreational vehicle, including camping
trailers, campers, travel trailers, pop-up trailers, tent trailers, overnight
trailers and/or used parts or waste materials from a motor vehicle, which
is:
With respect to any motor vehicle not required to be licensed or a motor
vehicle not usually used on public highways, the fact that such motor vehicle
is not in condition to be removed under its own power shall be presumptive
evidence that such motor vehicle is a junk vehicle, unless refitted by verifiable
and credible proof.
The outdoor storage or deposit of any of the following:
All vehicles propelled or drawn by power other than muscular power,
including but not limited to airplane, heavy equipment, motorcycle, and all-terrain
vehicle or snowmobile.
Storage other than a completely enclosed structure, such as a garage
or barn.
Any individual, firm, partnership, association, corporation, company,
or organization of any kind.
No person shall establish or maintain a junkyard within the Town of
Moreau unless a license has first been issued for such junkyard pursuant to
this chapter. No person owning, or having any right to or any interest in,
any real property within the Town of Moreau shall license, rent, lease, or
otherwise permit the use of such real property or of any part thereof for
a junkyard unless a license shall have first been issued for such junkyard
pursuant to this chapter. A license shall be issued for a period of one year,
after which time a renewal shall be required.
A.
The applicant for a junkyard license shall obtain application
forms from the Town Clerk. The original completed forms along with 15 copies
of the proposed junkyard plan, and the appropriate fees, shall be returned
to the Town Clerk. The Clerk shall submit the application materials to the
Town Board. The Town Board shall accept the application and refer the application
forms and plans to the Town of Moreau Planning Board to conduct a site plan
review pursuant to Article VI of the Town of Moreau Zoning Law.
B.
The junkyard plan shall be prepared by a licensed professional
and shall be drawn to scale or indicate all dimensions and shall include,
at the minimum, the following information:
(1)
Map of the site where the junkyard is proposed, including
address and real property tax number;
(2)
Property lines, including the names of owners of adjacent
property;
(3)
Streams, lakes, wetlands, floodplains, and other water
bodies, including those available for fire protection purposes;
(4)
The topography of the site and any plans for grading
the property;
(5)
Wells and sanitary facilities;
(6)
Drainage patterns on the site;
(7)
Existing and proposed structures, including fences;
(8)
Roads and easements adjacent to, on or through said property;
(9)
Existing and proposed junk storage areas, indicating
the type of junk or material which will be stored in each area; and
(10)
Existing and proposed accessways, aisles, parking and
loading areas.
C.
A full environmental assessment form (EAF) shall be completed
and submitted with all applications pursuant to the provisions of the State
Environmental Quality Review Act (SEQRA). Upon review of the completed EAF,
the lead agency shall determine whether or not the proposed junkyard may have
a significant adverse impact on the environment. If the lead agency determines
that the proposed junkyard may have a significant adverse impact upon the
environment, a draft environmental impact statement (DEIS) shall be prepared
in accordance with the SEQRA regulations. Where a positive declaration is
issued, the application shall not be deemed complete until the lead agency
has accepted the DEIS as complete.
D.
An application fee shall be established by a resolution
of the Town Board. The fee shall accompany all applications.
E.
The Planning Board shall conduct a site plan review pursuant to Chapter 149, Zoning, Article VI, Site Plan Review, of the Code of the Town of Moreau. A resolution, detailing the decision of the Planning Board shall be forwarded to the Town Board. Site Plan approval shall be conditioned upon applicant receiving a junkyard license as herein provided.
F.
Within 62 days of the receipt of the Planning Board decision,
the Town Board shall render a decision on the application for a junkyard license
based upon general considerations and the ability to meet the junkyard regulations.
The sixty-two-day period may be extended by the Town Board for good cause.
The Town Board shall have the authority to impose reasonable conditions and
restrictions as are directly related to and incidental to the proposed junkyard
license.
G.
If the application is approved by the Town Board, a junkyard
license shall be issued by the Clerk. If the application is approved with
conditions, the Clerk shall issue a junkyard license upon notification by
the Building Inspector/Code Enforcement Officer that said conditions have
been complied with. Approval shall be personal to the applicant and not assignable.
Licenses shall be renewed thereafter upon payment of the annual license fee
without hearing, provided that all provisions of this chapter are complied
with during the licensed period and the junkyard or activity or business does
not become a public nuisance.
H.
Where the Town Board finds that due to special circumstances
of the particular case, a waiver of certain requirements of this chapter are
justified, then a waiver may be granted. No waiver shall be granted, however,
unless the Board finds, and records in its minutes, that:
(1)
Granting the waiver would be keeping with the intent
and spirit of this chapter and is in the best interest of the community;
(2)
There are special circumstances involved in the particular
case;
(3)
Denying the waiver would result in undue hardship to
the applicant, provided that such hardship has not been self-imposed;
(4)
The waiver is the minimum necessary to accomplish the
purpose.
A.
In order to protect the clean, wholesome, safe and attractive
environment of the community, the Town Board shall take the following factors
into consideration in granting or denying a license:
(1)
Type of road servicing the junkyard or from which the
junkyard can be seen;
(2)
Natural or artificial barriers protecting the junkyard
from view;
(3)
Proximity of the site to established residential or recreational
areas or main access route thereto;
(4)
The nature and development of surrounding property;
(5)
Whether or not the proposed location will affect the
public health and safety by reason of offensive or unhealthy noise, odors
or smoke, or of other causes;
(6)
The proximity of floodplains, groundwater supplies, and
public water supplies;
(7)
Local drainage patterns;
(8)
The availability of fire protection and the adequacy
of the water supply for fire protection purposes;
(9)
The Comprehensive Plan for the Town;
(10)
Availability of other suitable sites for the junkyard;
(11)
The type of junk to be stored or deposited in the junkyard.
A.
No junk storage area shall be located within:
(1)
One hundred feet of any adjoining property line;
(2)
Five hundred feet of the property line of any public
park, church, educational facility, nursing home, public building or other
place of public gathering;
(3)
One hundred feet of any stream, lake, pond, wetland or
other body of water; or
(4)
One hundred feet from the property line of any public
highway.
B.
There must be erected and maintained an eight-foot-high fence enclosing the entire junkyard and a locking gate, adequate to prohibit the entrance of children and others into the area of the activity or business, and to contain within such fence all junk appliances, junk furniture, junk mobile homes, junk vehicles and materials originating from such items. Fencing requirements may be waived where topography or other natural conditions effectively prohibit the entrance of children and others to the junkyard, provided screening is not necessary pursuant to Subsection C of this article.
C.
Where a junkyard is or would be visible from a public highway or from neighboring properties, the fence provided in Subsection B above shall be of wood or other materials sufficient to totally screen the junkyard from view of such roadways or neighboring properties. Such screening may be permitted by adequate planting of evergreen trees or shrubbery.
D.
The Town Board shall specify in the junkyard license
which types of junk may be stored or deposited in the junk storage area. No
items shall be stored in any junk storage area other than those items specified
on a junkyard license approved by the Town Board pursuant to this chapter.
E.
No materials shall be burned in a junkyard.
A.
The Enforcement Officer may, and upon request of the
Town Board shall, make inspections of any junkyard for which application for
a license has been made or a license has been granted, and shall report to
the Town Board on the conditions of such junkyard. The Enforcement Officer
shall make periodic inspections of the Town to ensure that all existing junkyards
have a license and the requirements of this chapter are met.
B.
Revocation of license for noncompliance; hearing; notice.
(1)
The Town Board may revoke a junkyard license upon reasonable
cause should the applicant fail to comply with any provision of this chapter
or any condition of the license. Before a license may be revoked, a public
bearing shall be held by the Board. Notice of the hearing shall be made in
the official newspaper at least five days prior to the date thereof. The license
holder shall be notified of the hearing by written notice prior to the hearing.
Written notice shall be served in one of two ways:
(a)
By personal service of a copy of the notice at least
10 days prior to the date of the hearing; or
(b)
By certified mail, return receipt requested, addressed
to the last known address of the property owner or occupant. If said certified
mail is refused or returned, service upon the property owner or occupant shall
be made by mailing a copy of the notice by first-class mail to the address
of the property owner or occupant in a post office or official depository
under the exclusive care and custody of the United States Postal Service within
the State of New York. Notice served according to this paragraph shall be
served at least 15 days prior to the date of the hearing. Service shall be
deemed complete upon depositing the notice in an official depository of the
United States Postal Service within the State of New York.
(2)
At the hearing, the Board shall hear the license holder
and all other persons wishing to be heard on the revocation of the junkyard
license. Should the Board decide to revoke a license, the reason for such
revocation shall be stated in the Board minutes. The license holder shall
be immediately notified of the revocation by certified mail. Should any junkyard
license be revoked, the operator shall cease and desist from operating a junkyard.
All junk appliances, junk furniture, junk mobile homes, junk vehicles and
materials originating from such items shall be removed from the premises within
60 days by the license holder.
C.
If the Enforcement Officer shall find that an alleged
junkyard exists without the necessary license, the Enforcement Officer is
hereby authorized pursuant to Criminal Procedure Law § 150.20(3)
to issue an appearance ticket to any person the Enforcement Officer has reason
to believe has violated this chapter, and shall cause such person to appear
before the Town Justice.
D.
Any person who shall violate any of the provisions of
this chapter shall be guilty of a violation and subject to the following:
a fine not to exceed $500 or imprisonment for a period not to exceed 15 days,
or both. Every such person shall be deemed guilty of a separate violation
for each day such violation, disobedience, omission, neglect or refusal shall
continue. The Town Board may also maintain an action or proceeding in the
name of the Town in a court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of any provision of this chapter.
