[HISTORY: Adopted by the Town Meeting of the Town of Madison 3-6-1989. Amendments noted where applicable.]
Solid waste and recycling — See Ch. 327.
The purpose of this chapter is to provide adequate controls to ensure that automobile graveyards and junkyards do not have a deleterious impact on the Town's health, safety and general welfare.
This chapter is enacted pursuant to 30-A M.R.S.A. § 3754-A.
This chapter shall apply to all automobile graveyards and junkyards as defined in state law, 30-A M.R.S.A. § 3752, within the Town of Madison.
Any person wishing to locate a new automobile graveyard or junkyard within the Town shall apply to the Selectmen for a permit required by state law pursuant to 30-A M.R.S.A. § 3751 et seq. The application shall present either a permit from the Maine Department of Environmental Protection or a letter from the DEP stating that a permit is not required.
Map requirements. The site plan map must consist of three blueline prints to be retained by the Town, with a maximum size of 30 inches by 48 inches and at a scale of between one inch equals 40 feet and one inch equals 100 feet. The map must include the following:
Date, title, scale, North arrow, name of project.
A boundary outline with dimensions and lot area, in relation to surrounding streets, walls and adjoining land and land uses.
Names and addresses of present landowners and abutting landowners.
Locations of existing buildings and other structures, fire hydrants, streetlights, utility poles, underground water and sewer facilities, existing trees greater than 10 inches in diameter and other natural landscape features.
Preliminary design drawings of site plans, floor plans, elevations in sufficient detail to show access, layout and building construction or modification.
Location and dimension of all proposed buildings and private and public utilities.
All necessary easements, shown on plan.
The location of any sand and gravel aquifer or aquifer recharge area, as mapped by the Maine Geological Survey, or a licensed geologist.
The location of any residences or schools within 500 feet of the area where cars or junk will be placed.
The location of any water bodies on the property or within 200 feet of the property lines.
The boundaries of the one-hundred-year floodplain.
An effective visual screen at least six feet in height shall be located and maintained around all sides of the area where junk or automobiles are deposited or along all property lines.
No vehicles or junk shall be stored within 300 feet of any water body or inland wetland.
No vehicles or junk shall be stored within 500 feet of any residence, private well or school.
No vehicles or junk shall be stored over a sand and gravel aquifer or aquifer recharge area as mapped by the Maine Geological Survey or by a licensed geologist.
No vehicles or junk shall be stored within the one-hundred-year floodplain.
Upon receiving a motor vehicle, the battery shall be removed, and the engine lubricant, transmission fluid, brake fluid and engine coolant shall be drained into watertight, covered containers and shall be recycled or disposed of according to all applicable federal and state laws, rules and regulations regarding disposal of waste oil and hazardous materials. No discharge of any fluids from any motor vehicle or junk shall be permitted into or onto the ground.
All vehicles or junk shall be located no closer than 100 feet to all lot lines.
To reduce noise, all dismantling of motor vehicles with power tools shall be done after 7:00 a.m. and before 9:00 p.m.
All federal and state hazardous waste laws and regulations shall be complied with.
Any automobile graveyard or junkyard in existence at the time this chapter is enacted may remain in operation on the parcel of land it is presently located on, providing it meets all pertinent statutory requirements.
Any existing junkyard or graveyard shall not expand into a parcel of land described in a separate deed unless all of the provisions of this chapter are met on the separate parcel.
Within three years of the enactment of this chapter, all existing graveyards and junkyards shall be enclosed by an effective visual screen six feet high located and maintained around the area where the automobiles or junk are being deposited or along all property lines.
This chapter shall be administered by the Selectmen. No automobile graveyard or junkyard permit shall be issued under 30-A M.R.S.A. § 3751 et seq. unless the provisions of this chapter are complied with. The Selectmen may attach reasonable conditions to any permit issued to insure compliance with the performance standards and other requirements of this chapter.
Permits shall be renewed annually to remain valid. Once the site plan is approved it does not have to be resubmitted. The municipal officers shall annually inspect, or cause to be inspected, the site to ensure that the provisions of this chapter and state law are complied with.
Application and expert's fee. A nonrefundable application fee of $100 shall be paid to the Town Clerk and a copy of a receipt for same shall accompany the application. An additional fee may be charged if the Board of Selectmen needs the assistance of a professional engineer or other expert. The expert's fee shall be paid in full by the applicant within 10 days after the Town submits a bill to the applicant. Failure to pay the bill shall constitute a violation of this chapter and be grounds for the issuance of a stop-work order. An expert shall not be hired by the municipality at the expense of an applicant until the applicant has either consented to such hiring in writing or been given an opportunity to be heard on the subject.
This chapter shall be enforced by the Code Enforcement Officer in accordance with state law. Any violation of this chapter shall also be deemed a nuisance, and the violator shall be subject to the penalties set forth in 30-A M.R.S.A. § 4452.
This chapter may be amended by vote of the legislative body.
This chapter shall become effective on the date of adoption.
If the provisions of this chapter conflict with statutory provisions and regulations enforced by the Department of Environmental Protection, the state laws shall supersede.
If any provision of this chapter shall be declared invalid, that invalid provision shall not affect any other portion of this chapter.