[HISTORY: Adopted by the Town Board of the Town of Amherst 1-10-1966. Amendments
noted where applicable.]
It is hereby declared that the unrestrained accumulation of
junk motor vehicles is a hazard to the health, safety and welfare
of citizens of the community, necessitating the regulation, restraint
and elimination thereof.
No person, firm, association or corporation shall operate, establish
or maintain a junkyard in the Town of Amherst until he or it has obtained
a license as hereinafter provided and has obtained a certificate of
approval for the location of such junkyard.
Application for the license and the certificate of approval application shall be made in writing to the Town Board of the Town of Amherst. The application shall be accompanied by a certificate of the Building Commissioner of said Town that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of Chapter 203, Zoning. The application shall contain a description of the land to be included within the junkyard.
A hearing on the application shall be held by the Town Board
not less than two weeks nor more than four weeks from the date of
the receipt of the application. Notice of the hearing shall be given
to the applicant by mail to the address given in the application and
shall be published once in a newspaper having a circulation within
the Town of Amherst, which publication shall be not less than seven
days before the date of the hearing.
At the time and place set for hearing, the Town Board shall
hear the applicant and all other persons wishing to be heard on the
application for the license. In considering such application, the
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 and to any
other matter within the purposes of this chapter.
At the time and place set for hearing, the applicant and all
other persons wishing to be heard on the application and certificate
of approval for the location of the junkyard shall be heard. In passing
upon same, it shall take into account, after proof of legal ownership
of right to such use of the property for the licensed period by the
applicant, the nature and development of surrounding property, its
proximity to 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, smoke or other causes.
The Board shall also take into account the clean, wholesome and attractive
environment which is considered to be of vital importance to the continued
general welfare of citizens, also the type of street or road servicing
the junkyard or from which the junkyard will be seen, the natural
or artificial barriers protecting the junkyard from view and the proximity
of the proposed junkyard to established residential and recreational
areas.
After hearing, the Town Board shall, within two weeks, make
a finding as to whether or not the application should be granted,
giving notice of its finding to the applicant by mail. If approved,
the license, including the certificate of approved location, shall
be forthwith issued, to remain in effect until the following April
1. Approval shall be personal to the applicant and not assignable.
Licenses shall be renewed thereafter upon payment of the annual license
fee without hearing, provided that all provisions of this chapter
are complied with during the licensed period, the junkyard does not
become a public nuisance and the applicant does not have a record
of conviction for violation of law. The determination of the Town
Board may be reviewed under Article 78 of the Civil Practice Law and
Rules.
The annual license fee shall be $25, to be paid at the time
the application is made and annually thereafter in the event of renewal.
In the event that the application is not granted, the fee shall be
returned to the applicant. In addition to the license fee, the applicant
may be assessed with the costs of advertising such application, and
the license shall be conditioned upon payment of same.
Before use, a new junkyard shall be completely surrounded with
a fence at least five feet in height, or such greater height as the
Town Board shall determine, which shall substantially screen the junkyard,
with 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 nearer than 50 feet
to 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 removal is necessary for the transportation of
same in the ordinary course of business, and wrecking or other work
on such motor vehicles and parts shall be accomplished within the
enclosure.
Within 60 days from the preparation of this chapter, the owner of an established junkyard shall furnish the Town Board with information as to the location which is required in an application, together with the license fee, and the Town Board shall issue him a license valid until next April 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this chapter, including the fencing requirement as set forth in § 129-9.
Notwithstanding any of the foregoing provisions of this chapter,
no junkyard hereafter established shall be licensed to operate within
500 feet of a church, school, hospital, public building or place of
assembly.
Any person, firm, association or corporation violating any of
the provisions of this chapter shall be fined not less than $10 nor
more than $100 for each offense, and a separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
This chapter shall take effect immediately upon its adoption
and publication in accordance with the provisions of law.
