[HISTORY: Adopted by the Town Board of the Town of Delaware 11-11-1982 by L.L. No. 4-1982. Amendments noted where applicable.]
Zoning — See Ch. 220.
This is a chapter regulating the establishment and operation of junkyards in the Town of Delaware, Sullivan County, New York. It may be referred to as the "Town of Delaware Junkyard Law."
This chapter is enacted for the purpose of establishing minimum health and safety standards for junkyards in the Town of Delaware as well as controlling the location of the same so as to limit problems of incompatibility with other activities.
This chapter shall apply to all junkyards now existing or hereafter proposed in the Town of Delaware. No junkyard shall be created except in conformance with the standards herein, and all junkyards shall be required to conform with said standards or be removed at the owner's expense.
As used in this chapter, the terms listed below shall be interpreted and are hereby defined as follows:
- AUTOMOBILE SALES LOT
- The use of any building, land area or other premises for the display and sale of new or used automobiles of operable condition, panel trucks or vans, trailers or recreation vehicles, and including any warranty repair work and other repair service conducted as an accessory use. No business or facility generating less than 50% of its gross sales from the actual sale of new or used automobiles (excluding parts, repairs, etc.) shall be considered an automobile sales lot.
- A. An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including but not limited to wastepaper, rags, metal, glass, building materials, house furnishings, machines, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same.
- B. The outside storage or deposit on a lot of two or more vehicles which do not have current licenses issued by the New York State Department of Motor Vehicles shall be considered a junkyard. Agricultural vehicles such as tractors, mowers, etc., which are utilized as part of an active farming operation and contractors' construction equipment shall be exempt from this interpretation. Automobile sales lots managed by licensed automobile dealers and storage areas for recognized antique automobiles or other operable special purpose vehicles shall also be exempt.
Junkyards shall conform with the following standards:
Any junkyard located adjacent to a federal aid highway shall comply with all regulations of the Federal Highway Administration and provide evidence of the same to the Town of Delaware.
No junkyard created after the effective date of this chapter shall be located closer than 500 feet to an existing public right-of-way or 500 feet to any adjoining property.
New junkyards shall comply in all respects with the provisions of Chapter 220, Zoning, of the Town of Delaware Code and be considered uses subject to plan approval by the Planning Board under said chapter. Junkyards shall, moreover, be permitted only in a Rural (RU) District.
All new and existing junkyards must erect and maintain a six-foot fence adequate to discourage the entrance of children or others into the area and to contain within such fence materials dealt in by the owner or operator. If an existing junkyard is located adjacent to a public street or residential area, the fence shall be 25 feet from the boundary line thereof and be adequate to screen all portions of the junkyard from view from the public street or from residential areas. All fencing must be approved by the Planning Board and produce a screen through which one generally cannot see. Various materials, including evergreen screening, may be used. The Town Board shall be responsible for taking measures (including securing injunctive relief) to ensure maintenance of fencing.
The area used for a junkyard shall not be used as a dump area or as a place for the burning and disposal of trash.
No junkyard or portion of a junkyard shall be located on a slope exceeding 12% in grade or located above or below the level of the junkyard).
Existing nonconforming junkyards shall, within a period of one year following the effective date of this chapter, be removed or brought into compliance with § 140-5A, D and E. Existing junkyards shall not be expanded except in conformance with the complete provisions of § 140-5, and in no case will any change in an existing junkyard which would lessen its conformity with these regulations be permitted.
Any person or persons proposing to establish or expand a junkyard in the Town of Delaware shall prepare site plans of the same to be submitted to the Planning Board under the site plan review procedures of Chapter 220, Zoning. Plans shall be prepared by a professional engineer at a scale of one inch equals 100 feet or larger. They shall be in sufficient detail to document compliance in every respect with the standards of this chapter.
Existing junkyards shall be identified and notified of any nonconformities with this chapter within 60 days of the effective day of this chapter. The Town of Delaware Building Inspector shall be responsible for this procedure and shall, additionally, inform all owners of existing nonconforming junkyards of the action which must be taken to comply with this chapter; the time available to take those actions; and the consequences of violations.
The Town Board may establish and from time to time revise a fee schedule for junkyard plan submissions.
Variations to the standards contained herein may be approved by the Town Board upon recommendation of the Town Planning Board and/or Building Inspector in order to accommodate unusual site conditions.
Any person who violates any provision of this chapter shall be deemed to have committed an offense against this chapter and also shall be liable for said violation.
Any person, firm or corporation violating this chapter shall be subject to a penalty, enforceable and collectible by the Town, of a maximum fine of $250 or by imprisonment for not more than 15 days, or both; such penalty shall be collectible by and in the name of the Town.
Each day of continued violation after notice thereof shall constitute a separate violation and offense.
In addition to the above provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any portion of this chapter.