[HISTORY: Adopted by the Town Meeting of
the Town of Madison 3-6-1989. Amendments noted where applicable.]
GENERAL REFERENCES
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.
A.
Any person wishing to locate a new automobile graveyard, salvage yard, automobile recycling facility or junkyard within the Town shall undergo the site review process as outlined in Chapter 484 of the Town of Madison Code of Ordinances. After a documented finding of fact regarding the site review process has been delivered to the municipal officers, then the Select Board may issue 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.
[Amended 6-7-2021]
B.
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:
(1)
Date, title, scale, North arrow, name of project.
(2)
A boundary outline with dimensions and lot area, in
relation to surrounding streets, walls and adjoining land and land
uses.
(3)
Names and addresses of present landowners and abutting
landowners.
(4)
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.
(5)
Preliminary design drawings of site plans, floor plans,
elevations in sufficient detail to show access, layout and building
construction or modification.
(6)
Location and dimension of all proposed buildings and
private and public utilities.
(7)
Location map.
(8)
All necessary easements, shown on plan.
(9)
The location of any sand and gravel aquifer or aquifer
recharge area, as mapped by the Maine Geological Survey, or a licensed
geologist.
(10)
The location of any residences or schools within 500
feet of the area where cars or junk will be placed.
(11)
The location of any water bodies (as defined by Maine
DEP) on the property or within 200 feet of the property lines.
[Amended 6-7-2021]
(12)
The boundaries of the one-hundred-year floodplain.
A.
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.
B.
No vehicles or junk shall be stored within 300 feet
of any water body or inland wetland.
C.
No vehicles or junk shall be stored within 500 feet
of any residence, private well or school.
D.
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.
E.
No vehicles or junk shall be stored within the one-hundred-year
floodplain.
F.
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.
G.
All vehicles or junk shall be located no closer than
100 feet to all lot lines.
H.
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.
I.
All federal and state hazardous waste laws and regulations
shall be complied with.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
