Pursuant to § 125-18 of this chapter, the Town Board of the Town of Brutus declares its intent to:
As used in this article, the following terms
shall have the meanings indicated:
See § 125-3D, definition of "junk vehicle."
See § 125-3D, definition of "junkyard."
See § 125-3B(3).
No person shall operate, establish or maintain
a junkyard until the following provisions are met:
A.
Application for the special permit and certificate
of approved location shall be made in writing to the Town Board of
the Town of Brutus. The application shall contain a description of
the land to be included within the junkyard.
B.
Said application shall be forwarded to the Planning
Board for its review in accordance with § 274-a of the Town
Law of the State of New York.
Upon filing with the Town Board of an application
for a special permit, the Board shall fix a reasonable time and place
for a public hearing and give notice as follows:
A.
At least five days prior to the date fixed for the
public hearing, publish a notice in the official newspaper describing
the location of the proposed junkyard. At least five days prior to
the date fixed for the public hearing, the Town Clerk shall mail notices
thereof to the parties and to the regional New York State Park Commission
having jurisdiction over any state park or parkway within 500 feet
of the property proposed for the junkyard.
B.
Give written notice to parties in interest, who shall
be at least those persons whose properties adjoin or are across public
roads from the property in question.
At the time and place set for the hearing, the
Town Board shall hear the applicant and all other persons wishing
to be heard on the application for certificate of approval for the
location of the junkyard. In passing upon the same, the Town Board
shall take into account, after proof of legal ownership or right to
such use of the property for the special permit period of the applicant,
the nature and development of surrounding property, such as proximity
of a building or structure used as a residence, churches, schools,
hospitals, public buildings or other places of public 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 time and place set for the hearing, the
Town Board shall hear the applicant and all other persons wishing
to be heard on the application for a special permit to operate, establish
or maintain the junkyard. In considering such application, the Town
Board shall take into account the suitability of the applicant with
reference to his ability to comply with fencing requirements or other
reasonable regulations concerning the proposed junkyard, to any record
of conviction for any type of larceny or receiving of stolen goods
and to any other matter within the purpose of this chapter.
At the hearing regarding the location of the
proposed 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 inhabitants
by considering whether or not the proposed location can reasonably
be protected from having an unfavorable effect thereon. In this consideration
the Town Board may consider collectively the type of road servicing
the proposed junkyard or from which the proposed junkyard may be seen,
the natural or artificial barriers protecting the proposed junkyard
from view, the proximity of the proposed junkyard to established residential
or recreational areas or main access routes thereto, as well as the
reasonable availability of other suitable sites for junkyards.
A.
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 their findings by mail to the address
given in the application. If approved, the special permit, including
the certificate of approved location, shall forthwith be issued to
remain in effect until the following April first. Approval shall be
personal to the applicant and not assignable. The special permit shall
be renewed thereafter upon payment of the annual fee after inspection
by the Zoning Officer, and also provided that all requirements set
forth in the special permit have been abided by, that the junkyard
does not become a nuisance under common law and the applicant is not
convicted of any type of larceny or the receiving of stolen goods.
B.
The determination of the Town Board may be reviewed
under Article 78 of the Civil Practice Law and Rules.
[Amended 5-11-1992 by L.L. No. 2-1992]
Special permit fees will be set by Town Board
resolution.
A.
Before use, a new junkyard shall be completely surrounded
with a fence at least eight feet in height which substantially screens
the junkyard from view. Such fence shall have 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 less than 50 feet from 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 such
removal shall be necessary for the transporting of the same in the
reasonable course of business. All wrecking or other work on such
motor vehicles and parts within the vicinity of the junkyard shall
be accomplished within the enclosure.
B.
The fencing requirements may be changed by the Town
Board upon granting the special permit to allow for topography, natural
growth of timber or other considerations.
Any burning of upholstery, insulation or any
other part or parts of a junk vehicle shall be done in compliance
with New York State law.
Within 60 days from the passage of this chapter,
the owner of an established junkyard shall be notified of its terms
and requirements, and the Town Board shall issue him a special permit
valid until the next April first, at which time such owner may apply
for renewal as herein provided.
