A local law to be known as "TOWN OF
SECTION 1.: This local law shall
be known as the "Town of
Junk Storage Law".
SECTION 2: AUTHORITY
This law is adopted pursuant to the authority granted the Town in
section 10 of Municipal Home Rule Law and section 136 of the
General Municipal law (pertaining to the regulation of
junkyards).
SECTION 3: PURPOSE AND INTENT
By adoption of this law, the Town of
to regulate and control the storage and keeping of junk, and to
regulate junkyards whether operated for commercial profit or
otherwise. The Town Board hereby declares that a clean, whole-
some and attractive environment is of vital importance to the
continued general welfare of its citizens.
This law is enacted in recognition of the fact that junk and junk
vehicles, as defined in section 5, can constitute both a public
and private nuisance; can be highly flammable and sometimes
explosive; can constitute attractive nuisances to children; can
pollute soil and water through leakage of gasoline, oil and
battery acids; can constitute a blight on the landscape and
destroy the aesthetic qualities of the Town; can be a breeding
ground for insects, rodents, and similar creatures; can depreci-
ate the value of property on which they are located and the value
of surrounding properties.
SECTION 4: PRIOR EXISTING JUNKYARD LAW
This local law shall replace and supersede any prior existing
junkyard law as well as that portion of the Local Land Use Law
dealing with junkyards in
existence in the Town of
SECTION 5: DEFINITIONS
As used in this law, the following terms shall have the meanings
as indicated:
Junk Vehicle: Any vehicle, including but not limited to, an
auto, bus, truck, trailer, motor home, motorcycle, minibicycle,
boat, snowmobile, ATV, or any other device originally intended
for travel which meets the following conditions:
A. It has
not been registered or has not passed a
state Inspection within the previous 12 months.
B. It has remained outdoors for a period of 6 months and
can be seen from a public highway or any neighboring or
other property in this or neighboring townships.
Junkyard: Land used for the collecting, storage or sale of
wastepaper, rags, scrap metal or discarded material or for the
collecting, wrecking, dismantling, storage, salvaging, or sale of
vehicles or machinery parts.
Junk Appliance: Any stove, washing machine, dryer, freezer,
refrlgerator, or other household or lawn and garden devlce or
equipment in inoperable condition or abandoned, junked, discard-
ed, wholly or partially dismantled, no longer in condition for
ordinary use for the purpose for which it was designed original-
ly.
Junk Trailer: Any house trailer, mobile home or unregistered
camper which:
A. Is uninhabitable for a period of more than six (6)
months, as per the
tion and Building Code;
B. Is unfit for use and cannot be put into operational
condition, except at a cost in excess of its market
value after repairs; or
Junk Farm and Construction Eguipment: Any tractor, truck self-
propelled or drawn implement or stationary piece of equipment
which cannot be used for its intended purpose and has been dis-
carded or abandoned for use as a farm vehicle, farm implement or
farm equipment or for any other purpose and said abandonment has
continued for a period of more than twelve (12) months; any inop-
erable construction-related machinery and equipment, including
but not limited to earth grading, excavating and paving equipment,
steel tanks, containers, flatbed carriers and cranes, which is
either abandoned, wrecked, stored, discarded, dismantled or
partly dismantled and said abandonment has continued for a period
of more than twelve (12) months.
Rubbish or debris: Shall include, but not be limited to, ordi-
nary household or store trash of flammable character, such as
barrels, cartons, boxes, crates, furniture, rugs, clothing, rags,
mattresses, blankets, rubber tires, lumber, brick, stone, and
other building materials no longer intended or in condition for
ordinary use; any and all tangible personal property no longer
intended or in condition for ordinary and customary use.
Junk: Shall include junk vehicles, junk appliances, junk trail-
ers, junk farm and construction equipment, rubbish and debris as
described above. Junk does not include inoperable vehicles,
implements,equipment or machinery retained for the purpose of
salvaging usable parts in connection with the ongoing operation
of a business, whose purpose does not include the sale of parts
or devices in which said parts or devices have been included
provided that such items are stored in such a way as to not be
visible from any public highway or other parcel of land and which
does not constitute a public hazard.
Enforcement Officer: Any person appointed by the Town Board to
represent the Town Board in particular matters pertaining to this
local law.
Permit Issuing Committee: Any group of persons appointed by the
Town Board to review permit applications for junkyards.
Person: Any person, firm, partnership, association, corporation,
company or organization of any kind.
Business: A continued or regular activity for the purpose of
earning a livelihood such as a trade, profession or occupation,
or a commercial activity. Evidence of a business shall be shown
by the filing of a Federal business tax return or an appropriate
business schedule (i.e. Schedule C to 1040) to a personal Federal
tax return.
SECTION 6: JUNK STORAGE REGULATIONS
No person shall have or permit the existence or the accumulation
of rubbish or debris, junk appliances, junk vehicles, junk trail-
ers, junk farm equipment, or junk construction equipment out of
doors on property owned by such person and visible from any
public highway or other parcel of land except that:
A. Two junk vehicles may be stored out of doors.
B. Other junk may be placed out of doors for no more than
two weeks to facilitate pickup and disposal.
SECTION 7: JUNKYARD REGULATIONS
A. Location:
1. No junkyard shall be located within:
a] Two hundred (200) feet of any adjoining
property line;
b] Two hundred (200) feet of any stream, pond,
wetland or floodplain (as designated on maps
prepared by the Federal Emergency Management
Agency
(FEMA) for the Town of
body of water, or
c] Two hundred (200) feet from the right of way
of any public highway.
2. No site shall be approved for use as a junkyard if
the topography of the surrounding property is such
that land within three hundred (300) feet of the
junkyard site has an elevation higher than any
point on the junkyard site.
B. Screening:
Where a junkyard is visible from a public highway or
from neighboring properties, an eight (8) foot high
fence shall be erected of wood or other materials, as
approved by the Town Board, sufficient to totally
screen the junkyard from view. As an alternative, the
Town Board may permit ,such screening by the planting
of evergreen trees or shrubbery, or some combination
of fencing and landscaping. In addition, on the
inside, adjacent to, and contiguous with such fencing,
a graded strip of land at least fifteen (15) feet in
width shall be maintained and kept free of all dry
vegetation or other combustible materials so as to
provide a fire lane around the perimeter of the junk-
yard.
C. Burning:
No materials shall be burned on a junkyard site except
in compliance with the New York State Outdoor Burning
Law (see 6 NYCRR 215).
D. Burying:
No junkyard items shall be buried.
E. Approved Junkyard Items:
No junkyard items shall be stored other than those
items specified on a junkyard permit approved by the
Town Board pursuant to this Local Law.
SECTION 8: JUNKYARD PERMIT
A. Permit Required: No person shall establish or maintain
a junkyard, as defined herein, without first obtaining
a junkyard permit from the Town
of
shall be issued for a period of one (1) year, after
which time renewal shall be required. To renew a per-
mit, the holder shall demonstrate compliance with this
t law by a Certificate of Compliance issued by the Code
Enforcement Officer.
B. Existinq Junkyards,Temporary Permit: Any person
presently maintaining a junkyard, as defined herein, on
real property within the Town of
permit within sixty (60) days of the adoption of this
Local Law. If the place where such activity is conduct-
ed does not meet the requirements of section 7 herein, a
temporary permit may be granted for a period not to
exceed one (1) year, during which time the premises
shall be brought into compliance with said requirements.
If, at the end of such period, the premises are not
brought into compliance, such person shall cease and
desist from maintaining a junkyard and all junk;.shall be
removed by the landowner within sixty (60) days. If
after sixty (60) days the junk is not removed, the Town
reserves the right to have the junk removed and disposed
of and all costs of such removal and disposal shall be
born by the landowner, and, in addition, such person may
be subject to the penalties set forth in section 14.
If the existing junkyard cannot meet the require-
ments of section 7 herein because of pre-existing site
limitations, the Town Board may modify the requirements
after a mitigation plan has been presented to the Town
Board by the applicant. A mitigation plan must be filed
with the Town Board within thirty (30) days of the
Board's initial rejection of the permit application. If
a mitigation plan is not filed within thirty (30) days
or is rejected by the Town Board, such person operating
the junkyard shall cease and desist from maintaining the
junkyard and all junk shall be removed by the land owner
within sixty (60) days from the date of the official
rejection. If after sixty (60) days the junk is not
removed, the Town reserves the right to have the junk
removed and disposed of and all cost of such removal and
disposal shall be born by the land owner. In addition,
such persons may be subject to the penalties set forth
in section 14.
SECTION 9: JUNKYARD PERMIT APPLICATION PROCESS
A. Application Form: The applicant for a junkyard permit
or permit renewal shall obtain application forms from
the Town Clerk. The completed forms, along with one
copy of the proposed or existing site plan and the
appropriate fees, shall be returned to the Town Clerk.
The Town Clerk shall submit the application materials to
the Town Board for the Town Board's review. Applica-
tions must be submitted to the Town Clerk no later than
ten (10) days prior to a regularly scheduled meeting of
the Town Board in order to be considered at that meet-
ing.
B. Environmental Assessment: An Environmental
Assessment Form (EAF) shall be completed and submitted
with all applications for new or existing junkyards,
pursuant to the provisions of the state Environmental
Quality Review (6 NYCRR 617). The application shall not
be considered complete until the environmental review
has been conducted and the Town Board has made a deter-
mination that the proposed junkyard will not have sig-
nificant environmental consequences. No EAF will be
required for permit renewal unless the renewal increases
the size or changes the character of the junkyard.
C. Application Fee: A non-refundable application fee shall
accompany all applications for initial permits. Routine
annual renewal applications shall be accompanied by a
non-refundable fee. These fees shall be set by a reso-
lution of the Town Board from time to time.
D. Public Hearing: The Town Board shall hold a public
hearing within forty-five (45) days of the date a com-
plete application is received by the Town Board. Notice
of the hearing shall be made in the official newspaper
at least five (5) days prior to the date thereof. At
the hearing, the Town Board shall hear the applicant and
all other persons wishing to be heard on the junkyard
application. A permit shall be renewable annually
without a public hearing upon payment of the annual fee
and inspection and approval of the Town Enforcement
Officer, unless the renewal increases the size or
changes the character of the junkyard.
E. Approval or Disapproval:
1. within forty-five (45) days of the public hearing,
the Town Board shall render a decision to approve,
approve with conditions, or to disapprove the
application for a junkyard permit. The forty-
five (45) day period may be extended by mutual
consent of the applicant and the Town Board.
2. If the application is approved by the Town Board,
a Junkyard Permit shall be issued by the Town
Clerk. Approval shall be granted to the appli-
cant, only, and is not assignable.
3. If the application is approved with conditions by
the Town Board, the Town Clerk shall issue a Junk-
yard Permit upon notification by the Enforcement
Officer that said conditions have been complied with.
4. If the application is disapproved, the-reasons for
such disapproval shall be entered into the Town
Board minutes. The applicant shall be notified of
the decision and the reasons for such decision by
certified mail within five (5) days of the decision
of the Town Board.
SECTION 10: GENERAL CONSIDERATIONS
In reviewing, and prior to granting or denying a permit, the Town
Board shall take the following aesthetic and locational factors
into consideration:
A: Aesthetic Considerations:
1. Type of road serving the junkyard or from which
the junkyard can be seen.
2. Natural or artificial barriers protecting the
junkyard from view.
B: Locational Considerations:
1. The nature and development of surrounding property,
such as the proximity of agricultural lands,
churches, residential settlements, public build-
ings, or places of public gathering.
2. Whether or not the proposed location can be reason-
ably protected from affecting the public health and
safety by reason of offensive or unhealthy noise,
odors or smoke, or of other causes.
3. The proximity of streams, wetlands, floodplains,
groundwater supplies and public water systems.
4. Local drainage patterns.
5. The Master Plan as well as any long range compre-
hensive plans for the Town, if such exist.
6. Availability of other suitable sites for the junk-
yard.
SECTION 11: OPERATION AND INSPECTIONS
A. Reauirements for Operation:
1. The permittee must personally own the land.
2. Such permit shall be displayed conspicuously at all
times at the junkyard location.
3. The permittee is responsible for the proper and
safe conduct of such activity or business, to
minimize the fire hazard therefrom and to prevent
trespass thereon. All junkyard operations shall be
accomplished within the junk storage area.
B. Inspections:
1. The Town of Otsego Code Enforcement Officer is
designated the enforcement officer for this Local
Law and shall be granted access to the area of
business of the applicant or permit holder~at all
reasonable hours to inspect the same for compli-
ance.
2. The enforcement officer shall make inspections of
the premises of any junkyard for which application
for permit has been made and shall inspect at least
annually, all junkyards within the town, and shall
report to the Town Board on the conditions of such
junkyards.
3. The enforcement officer shall make periodic inspec-
tions of the Town to ensure that all junkyards have
permits and that the requirements of this law are
met.
4. The enforcement officer shall not enter the prem-
ises of any private property without the consent of
the owner. However, upon demonstration of "reason-
able cause" a search warrant may be obtained from
a Judge allowing access to the property. It shall
be the responsibility of the owner to arrange for
all required inspections of the premises prior to
permit issuance or renewal. The refusal of the
owner or permit holder to allow access to the
property by the enforcement officer may subject the
permit holder to the penalties set forth in section
14 and 15 of this law.
SECTION 12: ENFORCEMENT AND APPEALS PROCEDURE
A. The enforcement officer shall give written notice by
personal service or by certified mail on the owner
of the property in violation of these regulations. Such
notice shall direct the person so served to terminate
the open storage of such junk or the junkyard violation
within thirty (30) days from mailing where service is
certified.
B. At the expiration of thirty (30) days after the personal
service of the notice or after expiration of thirty-
three (33) days from the expiration of the mailing of
notice by certified mail, the enforcement officer shall
report to the Town Board in writing at the next sched-
uled meeting of the Town Board. Such report may include
or refer to photographs of said violation. Such report
and any such photographs shall be filed in the Town
Clerk's office. After allowing another thirty (30) days
for the filing of a permit application, the Town en-
forcement officer shall then lodge a complaint ~ith the
Town Justice of the Town of
in violation of this law with an offense against this
law.
SECTION 13: REVOCATION OF PERMIT
The Town Board may revoke a junkyard permit upon reasonable cause
should the permit holder fail to comply with any provision of
this law. Should the Town Board decide to revoke the permit, the
reasons for such revocation shall be stated in the Town Board's
minutes. The permit holder shall be notified of the revocation
by certified mail. Before a permit may be revoked, the Town
board must conduct a public hearing at which time all interested
parties must be heard. Notice of the hearing shall be made in
the official newspaper at least five (5) days prior to the date
thereof.
Upon revocation, all operations shall stop and the owner will
have sixty (60) days to remove all junk. If the junk is not
removed, the Town reserves the right to have the junk removed and
disposed of and all costs of such removal shall be born by the
permit holder and may be assessed on the real property from which
said materials were removed and shall constitute a lien and
charge on the real property on which it is levied until paid or
otherwise satisfied.
SECTION 14: PENALTIES
Any person who shall violate any of the provisions of this local
law shall be guilty of an offense and subject to a fine of not
more than two hundred fifty dollars ($250.00) or by imprisonment
for a period not to exceed fifteen (15) days or by both
imprisonment and fine. Every such person shall be deemed guilty
of a separate offense for each week such violation, disobedience,
omission, neglect or refusal to comply shall continue.
SECTION 15: FAILURE TO COMPLY
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
restrain by injunction the violation of any section of this local
law.
SECTION 16: SEVERABILITY
If any clause, sentence, paragraph, or section of this l~cal law
shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair, or invalidate
the remainder hereof but shall be confined in its operation to
the clause, sentence, paragraph, or section thereof directly
involved in the controversy in which such judgment shall have
been rendered.
SECTION 17: EFFECTIVE DATE
This law shall be effective upon filing with the Secretary of ~
State of