No person shall engage in or conduct on real
property within the Town of Colonie, either for himself or for and
on behalf of any other person, directly or indirectly, as agent, employee
or otherwise, any activity or business, either for profit or otherwise,
at wholesale or retail, which involves the collection, storage, burning,
dumping, disassembling, dismantling, salvaging, sorting or otherwise
handling or arranging for sale, resale, storage or disposal or otherwise
of secondhand bodies, engines or parts of vehicles or of any other
secondhand or used vehicle property of whatever material it is composed
without first obtaining an annual junkyard license therefor as hereinafter
provided.
A.
Each person applying for a junkyard license shall
execute an application under oath, which application shall be supplied
by the Town of Colonie Building Department and contain the following
information:
(1)
Identity of applicant.
(a)
If an individual, that the applicant is at least
18 years of age, and the residential and business address of such
applicant.
(b)
If other than an individual, the office address
of the association, partnership or corporation, a copy of the certificate
of incorporation, partnership, DBA or association, and the names and
addresses of all directors, officers, partners or principals.
(2)
Whether any of the individuals listed as applicant
have ever been convicted of a felony or misdemeanor and such other
facts or evidence as are deemed necessary to establish that such individuals
are fit and capable of properly conducting the activity or business
for which the license is sought.
(3)
A detailed description of the business activities
to be conducted and the nature of the materials involved in the intended
business activity.
(4)
The number of employees intended to be employed.
(5)
The name and address of the owner or owners
of the land.
(6)
The nature of the right of occupancy of the
applicant to the use of such land.
B.
The applicant shall agree that, if granted the junkyard
license applied for, the applicant will conduct the activity or business
pursuant to the regulations hereinafter set forth and any additional
conditions which may be imposed upon such license, as provided, and
that upon the applicant's failure to do so such junkyard license may
be revoked forthwith.
A.
The fee for a junkyard license shall be established
by the Town Board and paid by the applicant therefor, which sum shall
cover not only the cost of issuing the license itself but also the
cost of making the necessary inspections of the premises to ascertain
compliance with the license conditions and regulations hereinafter
prescribed.
B.
A junkyard license shall be placed and at all times
displayed in a conspicuous place upon the licensed premises.
C.
A junkyard license shall be effective from July 1
until June 30 of the next succeeding year or for the remaining portion
thereof when such license is issued after July 1. An application for
such license must be made annually and submitted by June 1 in each
year that the applicant desires to conduct or continue a vehicle wrecking
or junkyard activity or business.
D.
A junkyard license is personal to the licensee. It
does not go with the title to the land nor may it be sold, assigned,
transferred or otherwise disposed of.
E.
A junkyard license may be revoked by the Town of Colonie
Junkyard Review Committee for violating any provision of this chapter,
after public hearing thereon, at which the licensee shall have reasonable
notice and an opportunity to be heard. Upon revocation of a license,
the Town of Colonie Junkyard Review Committee may require the termination
of such activities upon the subject premises and removal of all such
vehicles, parts and other materials thereon.
A.
The licensee must personally manage or be responsible
for the management of the activity or business for which the license
is granted.
B.
An office and a sufficient number of employees must
be maintained on the premises to assure the proper and safe conduct
of such activity or business, to minimize the fire hazard therefrom
and to prevent improper trespass thereon by children and others.
C.
A wire fence of close mesh or one made of wood or
of other material, adequate to prohibit the entrance of children and
others into the area of the activity or business and to contain within
such fence the materials dealt in by the licensee, must be erected
and maintained, and if such area abuts a residential area or public
street or highway, such fence shall be set back from the boundary
line thereof. All the materials dealt in by the licensee shall be
kept within such fence at all times.
D.
Inside and adjacent to and contiguous with such fence
or elsewhere, a strip of land adequate in width shall be kept free
of all dry grass or other growth or other combustible material so
as to provide a fire lane(s) or line around the whole area where the
activity or business of the licensee is being conducted.
E.
The vehicles, parts and materials dealt in by the
licensee shall not be set on fire. They shall be piled or arranged
in stable and neat rows so as to permit easy, safe and clear passage
through the area.
F.
There shall be maintained upon the licensed premises
an adequate number of fire extinguishers of approved design and capacity.
Each such fire extinguisher shall be hung or mounted in a conspicuous
place, clearly marked and available for use.
G.
When the area is not supervised by the licensee or
his employees, the fence shall be locked at a secure gate in a secure
manner.
H.
Suitable sanitary facilities shall be available, connected
to approved public sewers or septic tanks, for the use and convenience
of the employees of the licensee as well as the general public visiting
the area.
I.
The area of the licensee's activity or business shall
not be used as a place for the burning and disposal of junk or trash.
J.
The Town police, the Town Building Department or the
Town Junkyard Review Committee or any of their representatives shall
be granted access to the licensed premises at all reasonable hours
to inspect the same for compliance herewith.
K.
The licensee shall comply with all conditions and
limitations which may be imposed on such license by the Town Junkyard
Review Committee for the operation of such business or activity.
A.
Application for junkyard license. The applicant shall
submit and file an application for permit approval with the Building
Department, along with the current fee established for the same by
resolution of the Town Board, and shall submit a map or plan of the
real property to be used for such junkyard activity or business, to
include the following:
(1)
The area of real property to be used for junkyard
purposes.
(2)
The location of any buildings upon the proposed
junkyard premises.
(3)
The location of any streets or highways abutting
or passing through such junkyard premises.
(4)
The location of any water, sewer or gas mains
or laterals available thereto.
(5)
The location of any below-ground or aboveground
storage tanks.
(6)
The general drainage pattern of the proposed
junkyard premises.
(7)
Other such information as required by the Building
Department.
B.
Once the Building Department has determined that the
application is complete, it shall issue its approval, denial or approval
with conditions issued to the applicant.
C.
The applicant must then follow licensing requirements.
A.
The Junkyard Review Committee may issue advisory opinions
upon request and shall conduct public hearings regarding license revocation
as provided in this article and on all applications for annual licenses
hereunder prior to the issuance of such licenses by the Building Department
and shall have the authority to modify any regulations contained in
this article and/or additionally impose such reasonable conditions
and restrictions as are directly related to and incidental to the
proposed use of the property, including but not limited to the following
considerations:
(1)
The height and setback of the fence required.
(2)
The width and location of the fire lane(s) required.
(3)
The number and type of fire extinguishers required.
(5)
The identification and posting of hazardous
materials stored upon the premises.
(6)
The height of stacked or stored vehicles.
(7)
The buffering of contiguous residential and
business zones.
(8)
Any other conditions which the Committee may
deem relevant to the public health, safety and welfare.
B.
Meetings of such Committee shall be open to the public
to the extent provided in Article 7 of the Public Officers Law. Such
Committee shall keep a record of its proceedings, showing the vote
of each member upon every question or, if absent or failing to vote,
indicating such fact, and shall also keep a record of its examinations,
conditions and limitations imposed and other official actions.
C.
Any person or persons jointly or severally aggrieved
by any decision of the Junkyard Review Committee may apply to a court
of competent jurisdiction for review by a proceeding under Article
78 of the New York State Civil Practice Law and Rules.
The provisions of this article shall be primarily
administered and enforced by the Building Department, which shall
have the power to make necessary inspections.
