New York Mills
Oneida County, NY
§ 121-1. Title.
This chapter shall be known as the "Village of New York Mills Junk Storage Law."
§ 121-2. Purpose.
By adoption of this chapter the Village of New York Mills declares its intent to regulate and control the storage or keeping of junk, and to regulate junkyards whether operated for commercial profit or otherwise. The Village Board hereby declares that a clean, wholesome, and attractive environment is of vital importance to the continued general welfare of its citizens, and that junk and junkyards can constitute a hazard to property and persons and can be a public nuisance. Such materials may be highly flammable and sometimes explosive. Junk and particularly junked vehicles can constitute attractive nuisances to children and certain adults. The presence of junk and junkyards is unsightly and tends to detract from the value of surrounding properties unless properly screened from view.
§ 121-3. Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings indicated:
ENFORCEMENT OFFICER -- Any person appointed by the Village Board to represent them in particular matters pertaining to this chapter.
JUNK -- The outdoor storage or deposit of any of the following shall constitute junk.
A. One junk vehicle meeting the conditions of Subsection B of the definition of "junk vehicles" for a period of 60 days or more.
B. One or more junk mobile homes.
C. One or more abandoned or inoperable appliances, including but not limited to washers, dryers, dishwashers, stoves, refrigerators, freezers and televisions.
D. One or more abandoned or irreparably damaged pieces of indoor furniture, including but not limited to sofas, lounge chairs, mattresses, bed frames, desks, tables, chairs and chest of drawers.
E. One or more motorized recreational vehicles and/or yard and garden maintenance machines.
F. Any combination of the above or parts of the above.
JUNK MOBILE HOME -- A structure, transportable in one or more sections, built on a permanent chassis and designed to be used as a dwelling unit, which is currently not inhabited and is no longer habitable under the Building Codes of New York. This section includes but is not limited to mobile homes, travel trailers and campers.
JUNK STORAGE AREA -- The areas of any parcel of land or water used or intended to be used for the placement, storage or deposit of junk.
A. An unregistered, old, secondhand motor vehicle, no longer intended or in condition for legal use on the public highways, or used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles.
B. A vehicle is considered junked when it meets two of the following conditions.
(1) It is unlicensed or unregistered.
(2) It is abandoned, wrecked, stored, discarded, dismantled, or partly dismantled.
(3) It is not in any condition for legal use upon the public highways.
(4) It is in such condition as to cost more to repair to operating condition, than its reasonable market value at the time before such repair.
JUNKYARD -- The outdoor storage or deposit of any of the following:
A. Five or more junk motor vehicles.
B. Two or more junk mobile homes.
C. Five or more junk appliances.
D. Five or more pieces of junk furniture.
E. Any combination of the above that totals five items.
MOTOR VEHICLE -- All vehicles propelled or drawn by power other than muscular power originally intended for use on public highways.
PERSON -- Any individual, firm, partnership, association, corporation, company, or organization of any kind.
§ 121-4. Junk regulations.
No junk shall be located within the Village of New York Mills except items with Village of New York Mills heavy trash permits for last Wednesday of month pickup.
§ 121-5. Junkyard regulations.
A. Location. No junk storage area shall be located within:
(1) Twenty-five feet of any adjoining property line;
(2) Two hundred feet of any public park, church, educational facility, nursing home, public building or other place of public gathering;
(3) Two hundred feet of any stream, lake, pond, wetland or other body of water; or
(4) Twenty-five feet from the right-of-way of any public highway.
B. Fencing. There must be erected and maintained a ten-foot high fence enclosing the entire junkyard located not less than 25 feet inside the property boundary and a self-closing and self-locking gate, adequate to prohibit the entrance of children and others into the area of the activity or business, and to contain within such fence the material dealt with by the operator of the junkyard. Fencing requirements may be waived where topography or other natural conditions effectively prohibit the entrance of children and others. This is an exception to Local Law No. 3 of 1997 (fencing).
C. Screening. Where a junkyard is or would be visible from a public highway or from neighboring properties the fence provided in Subsection B above shall be of wood or other materials sufficient to totally screen the junkyard from view. Such screening may be permitted by adequate planting or evergreen trees or shrubbery. Junk shall be stored at ground level, and shall not be otherwise stacked.
D. Burning. No materials shall be burned in a junkyard except in compliance with the New York State Solid Waste Disposal Law (see NYCRR Part 215).
E. Burying. No junkyard items shall be buried in a junkyard except in compliance with the New York State Solid Waste Disposal Law (see NYCRR Part 360).
F. Approved junkyard items. No junkyard items shall be stored in any junk storage area other than those items specified on a junkyard permit approved by the Village Board pursuant to this chapter.
§ 121-6. Permit required.
A. No person shall establish or maintain a junkyard within the Village of New York Mills unless a permit has first been issued for such junkyard pursuant to this chapter.
B. No person owning, having any right to, or any interest in any real property within the Village of New York Mills shall license, rent, lease, or otherwise permit the uses of such real property or any part thereof for a junkyard unless a permit has first been issued for such junkyard pursuant to this chapter.
C. All permits shall be issued for a period of one year, after which time a renewal shall be required.
§ 121-7. Application procedure.
A. Application. The applicant for a junkyard permit shall obtain application forms from the Village Clerk. The completed forms along with one copy of the proposed site plan, and the appropriate fees, shall be returned to the Clerk. The Clerk shall submit the application materials to the Village Board.
B. Site plan contents. The site plan shall be drawn to scale or indicating all dimensions and show:
(1) All existing and proposed structures, including fences.
(2) All property lines, including the names of owners of adjacent property.
(3) All streams, lakes, wetlands, floodplains, and other water bodies.
(4) All wells and sanitary facilities.
(5) All roads and easements.
(6) All existing and proposed junk storage areas.
(7) All existing and proposed accessways, and parking and loading areas.
C. Environmental impact statement. An environmental assessment form (EAF) shall be completed and submitted with all applications pursuant to the provisions of the State Environmental Quality Review Act, 6 NYCRR Part 617. If the EAF indicates that the proposed activity may have significant environmental consequences, the Village Board shall require that a draft environmental impact statement (DEIS) be submitted with the application. The application shall not be considered complete until the DEIS has been accepted by the Village Board.
D. Fees. The Village Clerk shall receive an annual fee set from time to time by resolution of the Village Board for each license or renewal license issued pursuant to this chapter, provided that if the original license be issued on or after April 1, the fee shall be 3/4 of the annual fee; and if issued on or after July 1, the fee shall be 1/2 the annual fee; and if issued on or after October 1, the fee shall be 1/4 of the annual fee.
E. Public hearing. The Village Board shall fix a time within 45 days of the date a complete application is received for a public hearing. Notice of the hearing shall be made in the official newspaper at least five days prior to the date thereof. At the hearing the Village Board shall hear the applicant and all other persons wishing to be heard on the application for a junkyard permit.
F. Village Board action. Within 45 days of said hearing, the Village Board shall render a decision to approve, approve subject to conditions, or disapprove the application for a junkyard permit. The forty-five-day period may be extended by mutual consent of the applicant and the Board. All findings of the Board shall be entered into the official minutes of the Village. The decision of the Board shall immediately be filed in the office of the Village Clerk and the applicant shall be notified of the decision and the reasons for such decision by certified mail within five days of the decision of the Board. Upon approval of the site plan and application, and payment of the fees and reimbursable costs due the Village, the Board shall endorse its approval upon a copy of the final site plan and application.
G. Issuance of permit.
(1) If the Village Board approves the application, the Clerk shall issue a junkyard permit.
(2) If the application is approved with conditions by the Board, the Clerk shall issue a junkyard permit upon notification by the Code Enforcement Officer that said conditions have been complied with.
§ 121-8. General considerations.
A. Aesthetic considerations. In granting or denying a permit, the Village Board shall take the following aesthetic factors into consideration:
(1) Type of road servicing the junkyard or from which the junkyard can be seen.
(2) Natural or artificial barriers protecting the junkyard from view.
(3) Proximity of the site to established residential or recreational areas or main access routes thereto.
B. Location considerations. In granting or denying a permit, the Village Board shall take the following location factors into consideration:
(1) The nature and development of surrounding property, such as the proximity of public parks, churches, educational facilities, nursing homes, public buildings, or places of public gathering.
(2) Whether or not the proposed location can be reasonably 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, lakes, wetlands, floodplains, groundwater supplies, and public water supplies.
(4) Local drainage patterns.
(5) Long range comprehensive plans for the Village.
(6) Proximity of the site to established residential or recreational areas.
(7) Availability of other suitable sites for the junkyard.
§ 121-9. Waivers.
Where the Village Board finds that due to special circumstances of the particular case, a waiver of certain requirements as stated in § 121-5 herein is justified, then a waiver may be granted. No waiver shall be granted, however, unless the Board finds, and records in its minutes that:
A. Granting the waiver would be keeping with the intent and spirit of this chapter, and is in the best interests of the community.
B. There are special circumstances involved in the particular case.
C. Denying the waiver would result in undue hardship to the applicant, provided that such hardship has not been self-imposed.
D. The waiver is the minimum necessary to accomplish the purpose.
§ 121-10. Code Enforcement Officer.
A. The Code Enforcement Officer shall upon request of the Board make inspections of the premises of any junkyard for which application for a permit has been made, or any other existing junkyard within the Village, and shall report to the Board on the conditions of such junkyard.
B. The Code Enforcement Officer shall make periodic inspections of the Village to ensure that all existing junkyards have permits and that the requirements of the chapter are met. Any observed violations shall be reported to the Board.
C. The Code Enforcement Officer shall not enter the premises of any private property without the consent of the owner. It shall be the responsibility of the applicant to arrange for all required inspections of the premises prior to permit issuance or renewal.
§ 121-11. Revocation of permit.
The Village Board may revoke a junkyard permit upon reasonable cause should the applicant fail to comply with any provision of the chapter. Before a permit may be revoked, the Board shall hold a public hearing. Notice of the hearing shall be made in the official newspaper at least five days prior to the date thereof. The permit holder shall be notified of the hearing by certified mail at least five days prior to the hearing. At the hearing the Board shall hear the permit holder and all other persons wishing to be heard on the revocation of the junkyard permit. Should the Board decide to revoke a permit, the reasons for such revocation shall be stated in the Board minutes. The permit holder shall be immediately notified of the revocation by certified mail postmarked within 72 hours of decision.
§ 121-12. Penalties for offenses.
A. Any person who shall violate any of the provisions of this chapter shall be guilty of an offense and subject to a fine of not more than $250 or by a penalty of $250 to be recovered by the Village in a civil action. Every such person shall be deemed guilty of a separate offense for each week such violation, disobedience, omission, neglect or refusal shall continue.
B. In addition to the above provided penalties, the Board may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any section of this chapter.