[HISTORY: Adopted by the Town Board of the
Town of Bergen 5-24-1976 by L.L. No. 1-1976. Amendments noted where
applicable.]
The governing board of the Town of Bergen recognizes
that the proper storage or disposal of unregistered, abandoned, dismantled
or partially dismantled automobiles, as well as other large scrap
metal objects, is in the overall best interests of the residents of
the Town of Bergen in order to avoid potential health hazards or nuisances,
protect property values in the community and provide for a pleasing
visual landscape. As such, the governing board institutes the policies
set forth in this chapter and asks the cooperation and support of
the residents of this community.
The purpose of this chapter is to provide for
the uniform regulation of junkyards and used material collection or
processing operations. It is not intended to prevent the operation
of such a business; rather, it seeks to allow such a use of land to
exist in harmony with surrounding land uses and be an asset to the
community.
This chapter shall be known as the "Junkyard
and Used Material Processing Law of the Town of Bergen, New York."
By the adoption of this chapter, the Town Board of the Town of Bergen
declares its intent in so doing to regulate, control and license the
activities or business known as auto "graveyards," junkyards, secondhand
parts collection areas, the processing of used materials for resale
and the dumping, storage and disposal of waste, secondhand or used
materials of whatever composition. Said Town Board hereby declares
that such activities or businesses can constitute a hazard to property
and persons and a public nuisance. Such materials may be highly inflammable
and sometimes explosive. Gasoline tanks on old autos often contain
in some quantity combustible gasoline; the engine and other parts
of such autos are frequently covered with grease and oil which is
also inflammable. The tires, plastic seats, tops and other elements
of such autos are also inflammable. Batteries and other elements of
such autos can contain acids and other matter potentially harmful
to humans. These autos frequently contain sharp metal or glass edges
or points upon which a human can receive serious cuts and abrasions.
These autos can constitute attractive nuisances to children and certain
adults. The presence of such businesses even in areas zoned for industry
is unsightly and tends to detract from value of surrounding land and
property unless such areas are properly maintained and operated.
As used in this chapter, the following terms
shall have the meanings indicated:
Dismantling operations necessary to repair the vehicle, machine
or equipment of the customer of a junkyard operator. Said operations
can be completed within a short period of time (less than eight hours),
and the vehicle or machine will be in operable condition upon completion
of said repairs.
Dismantling operations performed on a machine, vehicle or
piece of equipment in which the components of the vehicle or machine
are removed and used (or stored) for their own intrinsic value rather
than as part of the entire vehicle or machine. The operations render
the vehicle or machine, as a whole, inoperable and are performed solely
because of the value of the parts or components, rather than of the
whole.
An area of land, including buildings thereon, on which metal,
automobiles, wastepaper, rags, and other materials are collected,
stored, processed, dismantled, and/or sold.
The owner of land upon which a junkyard is located, or his
associates or assignees responsible for the operations and conduct
of business in the junkyard.
Piling two or more vehicles, machines, pieces of equipment,
or other materials on top of one another to make use of vertical space
rather than horizontal space.
A.
The storage or abandonment of wastepaper, rags, scrap
metal, discarded materials or the collection, storage, salvage or
abandonment of machinery or vehicles not in operable condition shall
constitute a junkyard and be governed by the Junkyard and Used Materials
Law of the Town of Bergen, Genesee County, New York.
B.
Two or more unregistered, disabled, dismantled or
partly dismantled vehicles, not stored in a completely enclosed structure,
allowed to remain on a premises for more than 30 days shall constitute
a junkyard and shall be in violation of the law, except the following:
(2)
Seasonal vehicles or machinery stored during their
off-season.
(3)
Vehicles or machinery used on the premises for purposes
of conducting a business or industry.
(4)
Operable vehicles stored by an approved auto agency
in business or industrial districts.
(5)
One or more customized or modified vehicles in operable
condition (all modifications must be performed in a fully enclosed
structure).
(6)
Refuse or waste generated on the premises which is
stored and/or disposed of in a sanitary manner as determined by the
County Health Department.
[Amended 8-22-1983 by L.L. No. 1-1983]
No new junkyards are permitted in the Town of Bergen. Existing junkyards of which qualify as legal nonconforming uses under Chapter 475, Zoning, of the Town of Bergen must continue to comply with the provisions of the Junkyard and Used Material Processing Law of the Town of Bergen.
The operator of a junkyard shall be licensed according to the provisions of § 304-8 of this chapter. This license shall be renewed on a yearly basis.
A.
Each applicant for a license hereunder shall execute
under oath an application therefor to be supplied to him by the Town
Clerk, which shall contain the following information: a description
of the exact type of business he intends to conduct, the nature of
the materials he intends to handle; the number of employees he intends
to engage; and the name and address of the owner or owners of the
land and the nature of the right of occupancy of the applicant, and
the use by the applicant of such land.
B.
At the time of making the application, the applicant
shall submit to and file with the Town Clerk a map or plan of the
real property on which he intends to conduct the activity or business
for which he is making application for a license hereunder with the
area of such real property which it is proposed to use for such purpose,
the location and composition of the fence required hereunder indicated
thereon as well as the location of any buildings on such land and
the location of any streets or highways abutting or passing through
such land and the location of any water, sewer, or gas mains or laterals
available thereto as well as the general drainage pattern of such
land.
C.
In the application, the applicant shall agree that
if granted the license applied for, he will conduct the activity or
business pursuant to the regulations hereinafter set forth and that
upon his failure to do so such license may be revoked forthwith.
D.
A person presently engaged in or conducting an activity
or business such as described herein, on real property within the
Town of Bergen must apply for a license therefor within 30 days of
the adoption of this chapter. If the place where he conducts such
activity or business presently complies with the requirements a person
must meet to secure a license in the first instance, he shall be issued
a license therefor if he meets the other requirements contained herein.
If the place where he conducts such activity or business does not
comply with the requirements a person must meet to secure a license
in the first instance, he may be granted a temporary license for one
year, during which year he must arrange the place where he conducts
such activity or business so that it does then comply with the requirements
a person must meet to secure a license in the first instance. If at
the end of such year, such person has not so arranged his place of
such activity or business, he shall forthwith cease and desist engaging
in or conducting the same and shall remove from such place any autos,
parts or other materials of the nature described herein.
E.
If the person conducting such activity or business
is not the sole owner thereof, he shall state such fact at the time
he applies for his temporary license and the Town Clerk at the time
of issuing such temporary license shall send the owners or each of
them a notice of the issuance of such temporary license to such person
together with a copy of this chapter.
A.
The fee for the issuance of the license, the fee for
inspection of the premises to ascertain compliance with the regulations
hereafter prescribed, and the fee for reinspection, if necessary,
shall each be fixed in a sum to be determined by the Town Board.
B.
Such license shall be placed and at all times displayed
in a conspicuous place at the licensee's place of activity or business
for which it is issued.
C.
Such license shall be effective from the date of its
issuance until the 31st day of August of the year of such issuance
after which a new application for license must be made every year.
D.
Such license is personal with the licensee. It does
not go with the title of the land nor may it be sold, assigned, transferred
or disposed of.
E.
Such license may be revoked by the Town Board upon
good cause shown, after a public hearing thereon at which the licensee
shall have an opportunity to be heard. Upon revocation of the license,
the Town Board may require the removal of autos, parts and materials
left from said premises.
[1]
Editor's Note: This local law provided that it shall take
effect 1-1-1992.
A.
These requirements are instituted to accomplish the
following purposes:
(1)
Provide adequate screening of all operations and storage
carried on in the junkyard so as to maintain a pleasing visual landscape.
(2)
Provide sufficient distance between the road right-of-way
and junkyard operations so as not to interfere with the flow of traffic.
(3)
Provide for adequate fire protection of the junkyard
as well as provide a buffer for adjacent land uses.
B.
Requirements.
(1)
All buildings located on the site must be set back
a distance of at least 100 feet from the closest edge of the right-of-way
(ROW) of any roadway.
(2)
The front yard (fronting on a roadway) must be enclosed
by a chain link metal fence containing metal slats to a height of
at least eight feet. Said fence shall be required to effectively screen
the operations and storage taking place within the yard from the view
of passing motorists, pedestrians, and neighbors. If, upon good cause
shown, the Town Board alternatively agrees to permit same, the landowner
may provide a natural screening of evergreen trees that would be to
an effective height of at least eight feet. Such alternative method
of screening must be such as to effectively screen the operations
completely year round from the view of passing motorists, pedestrians
and neighbors.
(3)
The front yard fence must be set back a distance of
at least 50 feet from the right-of-way of the roadway.
(4)
The remainder of the site shall be enclosed by a fence
or barrier of acceptable natural or man-made materials ("natural"
to include stands of trees, brush, a berm of dirt, etc.) to effectively
screen the operations and storage taking place within the year from
the view of passing motorists, pedestrians, and neighbors.
(5)
There shall be a fifteen-foot fire lane around the
entire site between the adjoining property line and the fence. Said
lane shall be free of debris and excessive growth (trees, underbrush),
except where the natural materials are part of the fencing required.
(6)
No materials may be stacked higher than the top of
the fence at any point within the yard.
Those junkyards legally operating at the time
of adoption of this chapter, yet which do not conform to some or all
provisions of this chapter, shall initiate substantial procedures
to comply with all provisions of this chapter within a six-month period
after adoption. Front yard screening shall be completed within six
months after adoption of this chapter. The remaining compliance procedures
must be completed within two years from the date of adoption of this
chapter. Failure to do so shall result in the revocation of the operator's
license.
A.
Individuals or business firms found in violation of
the above sections of this chapter shall be subject to the following
penalties:
B.
Each week the violation is allowed to occur, notice
of violation having been legally served, shall constitute a separate
offense subject to separate penalties. The violator shall be subject
to reimburse the Town of Bergen for any costs incurred in order to
determine the violation and/or enforce the prescribed penalties. The
Town of Bergen shall also have the authority to do whatever else is
reasonable and prudent to prevent the violation from occurring or
to remove or discontinue the violation. The penalties provided in
this section shall not be construed as limiting the Town of Bergen
to only those remedies specifically alluded to.
A.
Determination of violation shall be by the Zoning
Enforcement Officer of the Town of Bergen with the cooperation of
the county sheriff's department as follows: if the sheriff's patrol
or any person notices a violation, he shall notify the Zoning Enforcement
Officer of the Town of Bergen. The Zoning Enforcement Officer, if
he finds such violation, shall then legally serve notice of violation.
If a summons is required to remedy the situation, the Zoning Enforcement
Officer may request the assistance of the county sheriff if he has
reason to expect unusual difficulties in serving the summons.
B.
In the case of a violation of the provisions of § 304-3 of this chapter (storing vehicles in such a manner as to constitute an illegal junkyard), the Zoning Enforcement Officer or the officer of the sheriff's department shall also provide the accused party with a list of licensed scrap dealers or other approved parties who may be willing to pick up or otherwise accept said scrap or junk.
