[Added 8-9-2017 by L.L.
No. 3-2017[1]]
[1]
Editor's Note: This local law superseded former Art. XXXVII,
Junkyards, added 8-19-1997 by L.L. No. 11-1997, as amended.
As used in this article, the following terms shall have the
meaning indicated:
Includes the buying or receiving of end-of-life or secondhand
motor vehicles, disassembled motor vehicles, parts and accessories
and/or the crushing or reduction in size of motor vehicles by means
other than by the operation of a shredder for the purpose of decommissioning,
remodeling, taking apart or reselling the same for scrap or the buying,
storage or selling of parts of secondhand or end-of-life motor vehicles
or tires or assembling of secondhand motor parts.
The premises from which a motor vehicle dismantling business
is conducted; formerly defined as "junkyard."
A.
The Town Board of the Town of Babylon hereby has determined that:
(1)
Motor vehicle dismantlers are a necessary yet highly intensive
use that can produce a multitude of adverse environmental impacts
and land use conflicts within a community. A motor vehicle dismantler's
location and operational controls directly correlate with the degree
of impact associated with the facility.
(2)
It is incumbent upon the municipality to provide the statutory
requirements to permit the proper siting and safe operation of motor
vehicle dismantling facilities within said municipality. The establishment
of motor vehicle dismantling facilities is a necessary component of
a municipality's solid waste infrastructure.
(3)
Impacts and land use conflicts associated with motor vehicle
dismantlers can be managed by:
(a)
Determining appropriate geographic requirements for the siting
and operation of motor vehicle dismantling facilities.
(b)
The establishment of operational, mitigative and performance
standards governing the operation of motor vehicle dismantling facilities.
(c)
Maintaining strict local oversight of motor vehicle dismantling
facilities operating within the Town of Babylon to ensure operational
and performance standards are met, and potential impacts to abutting
properties are being adequately mitigated.
B.
The purpose of this article is to establish geographic requirements,
restrictions, performance standards and regulatory controls to mitigate
to the greatest extent possible known impacts associated with the
operation of motor vehicle dismantling facilities within the Town
of Babylon.
A.
A motor vehicle dismantling facility shall only be sited, operated
and located:
(1)
Within the Town of Babylon H Heavy Industrial Zoning District,
within Transfer Station Area 1 and RMM Area 3, as delineated on the
GIS map entitled "Permissible Locations within Babylon for Transfer
Stations and Recycled Materials Management Facilities," dated May
4, 2016, and on file at the Town Clerk's office.
(2)
Notwithstanding anything contained herein to the contrary, on a site issued a license to operate by the Town of Babylon Sanitation Commission as a nonconforming motor vehicle dismantling facility, as such is defined in § 213-446 of this Code, based upon a recommendation issued by the Town of Babylon Nonconforming Use Board to the Town of Babylon Sanitation Commission, and the premises shall be in compliance with § 213-446.
B.
A motor vehicle dismantling facility meeting the requirements of § 213-437A(1) shall only be permitted to operate in the Town of Babylon with the following local approvals:
(1)
Site plan approval from the Town of Babylon Planning Board;
and
(2)
A special exception permit granted by the Town of Babylon Zoning
Board of Appeals to the operator of the motor vehicle dismantling
facility pursuant to the standards set forth in this chapter; and
(3)
The operator shall also have been issued a Class 13 license
for the facility by the Town of Babylon Sanitation Commission. A motor
vehicle dismantling facility that also accepts scrap metal not meeting
the definition of a "motor vehicle dismantling business" shall also
obtain a Class 12 license.
C.
Motor vehicle dismantlers meeting the requirements of § 213-437A(2) shall be classified as nonconforming and shall only be permitted to operate in the Town of Babylon with the following local approvals:
(1)
A current Class 13 license for the facility issued by the Town
of Babylon Sanitation Commission. In addition, a nonconforming motor
vehicle dismantler that also accepts scrap metal not meeting the definition
of a "motor vehicle dismantling business" shall also require a Class
12 license from the Town of Babylon Sanitation Commission, subject
to all standards and requirements.
A.
The applicant shall provide proof to the Board of Appeals that the
landowner has consented to the operation of a motor vehicle dismantler.
B.
The applicant, prior to applying for a special exception permit under
this article, shall have applied for all required federal, state and
county permits. The applicant shall have been issued or has displayed
progress obtaining all permits required by the federal, state and
county governments for the operation of a motor vehicle dismantler
at the site prior to the issuance of a permit pursuant to this article.
C.
The applicant shall have obtained site plan approval by the Town
of Babylon Planning Board.
D.
The requirements of Article XIV, XV, XVI and XVII of this chapter shall be complied with as applicable except as otherwise provided herein. Notwithstanding the foregoing, the Board of Appeals shall have the authority to grant such area variances as it shall deem appropriate, pursuant to Town Law § 274-b, Subdivision 3.
E.
Such use is reasonable, necessary and will be in harmony with and
promote the general interests and welfare of the surrounding community.
F.
The neighborhood character and surrounding property values are reasonably
safeguarded.
G.
The proposed use will not prevent the orderly and reasonable use
of adjacent property.
H.
The site is suitable for such use in the community.
I.
Access to the facility is adequate for the estimated traffic from
public streets so as to ensure the public safety and to avoid traffic
congestion.
J.
There is adequate off-street parking and truck loading spaces at
least in the number required by the applicable provisions of this
article, but in any case, adequate for the actual anticipated number
of occupants of the proposed use, whether employees, patrons or visitors,
and, further, that the layout of the spaces and related facilities
can be made convenient and conducive to safe operation.
K.
The proposed use will not pose risks to the public health or safety.
L.
The proposed use shall be a minimum distance of 500 feet from a church
or other religious institution, school, theater, senior citizens community,
recreational area or other place of public assembly.
M.
Adequate buffer yards and screening can be provided to protect adjacent
properties and land uses from possible detrimental impacts of the
proposed use.
N.
Provisions for the collection and disposal of stormwater runoff must satisfy the requirements of Chapter 189 of the Town Code. A copy of the SWPPP prepared for the facility's Multi-Sector General Permit, Sector M, Automobile Salvage Yards, shall be submitted to Babylon. The SWPPP will provide a plan detailing how the facility will address stormwater associated with the operation of the facility.
O.
Storage of hazardous materials, which include but are not limited
to petroleum products, motor oil and antifreeze, shall be in accordance
with Suffolk County Sanitary Code Article 12, Toxic and Hazardous
Materials Storage and Handling Controls.
P.
Pursuant to Title VI, § 608, of the Clean Air Act of 1990,
motor vehicle dismantlers shall comply with the refrigerant recycling
requirements and regulations of 40 CFR Part 82, Subpart F, established
pursuant to this legislation, requiring service practices that maximize
recovery and recycling of ozone-depleting substances [both chlorofluorocarbons
(CFCs) and hydrochlorofluorocarbons (HCFCs) and their blends] during
the servicing and disposal of air-conditioning and refrigeration equipment.
Q.
The location of the proposed motor vehicle dismantling facility shall
not affect any freshwater or tidal wetland as designated pursuant
to Article 24 or 25 of the New York State Environmental Conservation
Law or a critical environmental area (CEA).
R.
The lot area is sufficient, appropriate and adequate for the use,
as well as reasonably anticipated operation expansion thereof.
S.
The proposed use can and will comply with all provisions of this
chapter and of the Code which are applicable to it and can meet every
other applicable federal, state, county and local law, ordinance,
rule or regulation.
U.
The proposed use will not result in unacceptable levels of noise,
vibration, smoke, dust, odor, fumes or noxious gases or negatively
impact upon air quality.
V.
The applicant must provide noise specifications to the Department
of Environmental Control for any fixed machinery to be utilized on
the site. In the event that a substantial increase in existing noise
levels may occur as a result of the proposal, a noise study may be
requested by the Department of Environmental Control. The application
will not be considered complete until such report is provided.
W.
Attached to the Environmental Assessment Form, the applicant shall
provide a characterization of all material to be accepted, handled,
stored or processed at the proposed facility.
A.
Fence and gates are required. The entire perimeter of the premises
operated as a motor vehicle dismantling facility shall be surrounded
by a solid fence constructed of wood, aluminum, metal clad, chain-link
with slats or such other material as may be approved by the Commissioner,
and same shall be opaque, except that gates of not more than 24 feet
in width, constructed of cyclone fencing, may be installed in the
fence.
B.
Maintenance. The fence shall be kept in good order and repair and
shall be painted or renovated at least once every three years in a
solid color, either white, battleship gray, dark green or such other
color as may be approved by the Commissioner.
C.
Setbacks. Said fence shall be set back from all street lines at least
15 feet, except that if a lot in question has a depth of less than
100 feet, then the setback from the street may be five feet. The area
between the fence and street line shall be suitably landscaped with
underground sprinklers.
D.
Height. The fence shall be 10 feet in height.
A.
Maintenance of motor vehicle dismantling facility exterior. The exterior
of a premises operated as a motor vehicle dismantling facility as
provided herein shall be kept in a neat and orderly condition, free
of debris and any other solid waste or refuse material.
B.
Height of scrap and junk piles. In no event shall scrap and junk be so piled as to exceed the height of 15 feet. Piles shall be maintained to the height of the fence required under § 213-439 within 20 feet from said fence.
C.
Sidewalk and curbing. The owner of a motor vehicle dismantling facility,
at his own cost and expense, shall erect, construct and maintain a
sidewalk and curb along the entire property line of the premises as
may abut upon a street.
D.
Deposits outside fenced area. No junk vehicles, dismantled vehicles,
parts of vehicles, junk material or ashes and debris shall be piled,
stored or otherwise left by the owner or operator of the establishment
outside the opaque fenced area as required herein, and any such junk
or dismantled material that should be left by others outside the establishment
shall be promptly removed by the owner and/or operator of the establishment.
E.
The operator will provide the Town of Babylon a copy of the SWPPP
prepared pursuant to its Multi-Sector General Permit, Sector M, Automobile
Salvage Yards. This document describes measures the facility will
undertake to prevent or minimize contamination of stormwater, groundwater
and soils from activities associated with vehicle dismantling and
the storage of parts associated with the facility.
A public hearing shall be held before the Zoning Board of Appeals pursuant to § 213-15 of this chapter prior to the granting of a special exception permit pursuant to this article.
One parking stall shall be required for every 150 square feet
of office area plus one parking stall for every employee plus three
parking stalls for visitors.
A.
The permittee shall at all times be in compliance with all federal,
state, county and Town laws, ordinances, rules and regulations specifically
regarding the storage, processing and disposal of solid waste.
B.
The term of the special exception permit issued by the Zoning Board
of Appeals should be a minimum of five years unless conditions present
with the applicant's operation cause the Board to limit the term of
the permit.
C.
The Zoning Board of Appeals may limit hours of operation upon a finding
that such a limit is necessary to the standards set forth in this
article.
D.
The Zoning Board of Appeals may require that the applicant post a
bond with sufficient surety upon a finding that such a bond is necessary
to protect the value of the property, character of the neighborhood
and public health and safety.
E.
Each person or permittee granted permission to operate a motor vehicle
dismantling facility pursuant to this chapter shall keep an electronic
record of each article of junk, metal or secondhand materials purchased
or collected, showing the time and place of collection or purchase
and the name and address of the person from whom the same was collected
or purchased.
F.
Each person or permittee granted permission to operate as a motor
vehicle dismantler pursuant to this chapter shall permit the place
of business, record books and vehicles or conveyances to be examined
or inspected at any reasonable time by the police or by any representative
of the Town of Babylon Town Board.
G.
The Zoning Board of Appeals may impose such other reasonable conditions
and restrictions as it shall deem appropriate.
The Zoning Board of Appeals may limit hours of operation upon
a finding that such a limit is necessary to the standards set forth
in this article.
A.
The applicant shall pay the application fee, which will be set by
Town Board resolution from time to time.
B.
The applicant shall pay a licensing fee pursuant to § 133-14L(2).
C.
If the Commissioner of the Department of Environmental Control determines
that a noise study is necessary as a condition of granting a special
exception permit pursuant to this article, the applicant shall pay
to the Commissioner of the Department of Environmental Control a noise
study fee as shall be established by the Town Board from time to time.
A.
Any person currently engaging in or conducting a motor vehicle dismantling business, as such term is defined in § 213-435, and possessing a license to operate as a motor vehicle dismantler as of the effective date of this article shall be deemed to be operating a nonconforming motor vehicle dismantling facility, or a facility that has appeared before the Town of Babylon Nonconforming Use Board pursuant to § 213-437A(1) and was found to operate a nonconforming motor vehicle dismantling facility may continue to renew said motor vehicle dismantler's license as provided in § 133-14 of this Code, provided that such premises is in compliance with the following:
(1)
Fencing of premises.
(a)
Fence and gates required. The entire perimeter of a premised
operated as a nonconforming motor vehicle dismantling facility shall
be surrounded by a solid fence constructed of wood, aluminum, metal
clad or such other material as may be approved by the Building Inspector,
and the same shall be opaque around the storage areas, except that
gates of not more than 24 feet in width, constructed of cyclone fencing,
may be installed in the fence. Fencing around motor vehicle dismantlers
with front yard parking need not be opaque.
(b)
Maintenance. The fence shall be kept in good order and repair
and shall be painted at least once every three years in a solid color
of either white, battleship gray, dark green or such other color as
may be approved by the Commissioner.
(c)
Height. The fence shall be 10 feet in height.
(2)
Areas outside fences. The surface area located between the fence provided for in § 213-446A(1) and the street line shall be surfaced with blacktop and/or concrete. The surface area located between the fence and any adjoining residential property line shall be landscaped with grass.
(3)
Height of scrap and junk piles. In no event shall scrap and junk be so piled as to exceed the height of 20 feet. Piles shall not exceed the height of the fence required under § 213-446A(1) within 20 feet of said fence.
(4)
Maintenance of nonconforming motor vehicle dismantling facilities'
exteriors. The exteriors of premises operated as nonconforming motor
vehicle dismantlers as provided herein shall be kept in a neat and
orderly condition, free of debris, paper or any other solid waste
or refuse material.
(5)
Construction and maintenance of sidewalk and curb. The owner
of a nonconforming motor vehicle dismantling facility, at his own
cost and expense, shall construct a driveway apron at all entrances
where none exists, and shall maintain existing sidewalks and curbs
and driveway aprons along so much of the premises as may abut upon
a street.
(6)
Deposits outside fenced area. No junk cars, dismantled vehicles,
parts of vehicles, junk material of ashes and debris shall be piled,
stored or otherwise left by the owner or operator of the establishment
outside the opaque fenced area as required herein, and any such junk
or dismantled material that should be left by others outside the establishment
shall be promptly removed by the owner and/or operator of the establishment.
(7)
The operator will provide the Town of Babylon a copy of the
SWPPP prepared pursuant to its Multi-Sector General Permit, Sector
M, Automobile Salvage Yards. This document describes measures the
facility will undertake to prevent or minimize contamination of stormwater,
groundwater and soils from activities associated with vehicle dismantling
and the storage of parts associated with the facility.
(8)
Pursuant to Title VI, § 608, of the Clean Air Act
of 1990, motor vehicle dismantlers shall comply with the refrigerant
recycling requirements and regulations of 40 CFR Part 82, Subpart
F, established pursuant to this legislation, requiring service practices
that maximize recovery and recycling of ozone-depleting substances
[both chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs)
and their blends] during the servicing and disposal of air-conditioning
and refrigeration equipment.
B.
Should the use of any parcel as a nonconforming motor vehicle dismantling facility cease or be discontinued for six months or more or be abandoned for 30 days or more, or should the licensee fail to renew his Class 13 license within six months after the expiration date of the license, such use as a nonconforming motor vehicle dismantling facility shall be deemed to have expired and may not be reinstated. Nothing herein shall be deemed or construed to allow the operation of a nonconforming motor vehicle dismantling facility without a motor vehicle dismantler's license having been issued to the operator of such facility pursuant to § 133-14L.
[Amended 4-27-2022 by L.L. No. 10-2022]
A.
Any person, owner, lessee, occupant, or entity in charge who allows, permits or suffers the existence of a motor vehicle dismantling facility, as defined in § 213-435, without a license within the Town of Babylon shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $5,000 and not more than $10,000 or imprisonment for a period not to exceed one year, or both.
B.
At the sole discretion of the Town Attorney, an offense based on
a violation of this chapter may be reduced to an "attempted offense"
as established by the New York State Penal Law § 110.00.
Penalties for the reduced charge of attempt shall be:
(1)
Any person, entity or firm who shall attempt to violate any
provision of this chapter shall be guilty of an offense and, upon
conviction thereof, a fine of not less than $2,500 nor more than $5,000
must be imposed, and a term of imprisonment for a period not to exceed
15 days may be imposed, or both.
C.
Any person
found by the Bureau of Administrative Adjudication to have violated
this article shall be subject to a monetary penalty of not less than
$2,500 nor more than $10,000.
