LL 04 Licensing Operation Junkyards/ Regulate Junkyards s 11 r+� U,e this Form for Filing your Local Law with the Secretary of State)
1 c x t 4 Liw should be given as amended. Do not include matter being
lwo,ittcd iui do not use italics or underlining to indicate new matter.
o4x of.................QUEENSBURY
Town ................................................................................................
*XlA;We
Local Law No...............`
........................................... of tie year 19 .....8 ..
T.Q...I..I. .N. E....T.HE....QRE.RA.T..I.ant...aF.....J.UtAx.Y.A.fzQS...AALD...TO...REG6LLLA-TCR....THE.........
(Itreet title)
OPERATION OF JUNKYARDS IN THE TOWN OF QUEENSBURY , WARREN COUNTY ,
NEW YORK
,.�r:iAed by the QUEENSBURY TOWN BOAR4................................ of the
�' + . ...................................
(Name of tesietetive Body)
.XX,XX
XXX QUEENSBURY f ....................................................................................................................................... as follows:
SECTIONI : LEGISLATIVE INTENT . A CLEAN , WHOLESOME , ATTRACTIVE
ENVIRONMENT IS DECLARED TO BE OF IMPORTANCE TO THE HEALTH AND SAFETY OF
THE INHABITANTS OF THE TONN OF QUEENSBURY. IT IS FURTHER DECLARED THAT
THE UNRESTRAINED ACCUMULATION OF JUNK MOTOR VEHICLES , MACHINERY , SCRAP
METALS , WASTE PAPERS , RAGS , USED OR SALVAGED BUILDING MATERIALS OR
OTHER DISCARDED MATERIALS IS A HAZARD TO SUCH HEALTH , SAFETY AND WELFARE
OF CITIZENS OF THE TOWN NECESSITATING THE REGULATION , RESTRAINT AND
ELIMINATION THEREOF . AT THE SAME TIME , IT IS RECOGNIZED THAT THE MAIN—
TENANCE OF JUNKYARDS AS HEREINAFTER DEFINED , IS A USEFUL AND NECESSARY
BUSINESS AND OUGHT TO BE ENCOURAGED WHEN NOT IN CONFLICT WITH THE EXPRESS
PURPOSES OF THIS SECTION .
SECTION 2 : DEFINITIONS . FOR THE PURPOSES OF THIS SECTION , " JUNKYAR
SHALL MEAN ANY PLACE OF STORAGE OR DEPOSIT , WHETHER IN CONNECTION WITH
ANOTHER BUSINESS OR NOT , WHERE TWO OR MORE UNREGISTERED , OLD , OR SECOND—
HAND MOTOR VEHCCLES , NO LONGER INTENDED OR IN CONDITION FOR LEGAL USE ON
THE PUBLIC HIGHWAYS , ARE HELD , WHETHER FOR THE PURPOSE OF RESALE OF USED
PARTS THEREFROM , FOR THE PURPOSE OF RECLAIMING
((f additional space is needed, please attach sheets of the same size as this and number each)'
Page 1
,
for use some or all of the material therein, whether metal,
glass , fabric, or otherwise, for the purpose of disposing of
the same or for any other purpose; such term shall include
any open lot .or area for the dismantling, storage or sale as
parts , scrap, or salvage, of used or wrecked motor vehicles ,
machinery, scrap metals , waste papers , rags , used or salvaged
building materials or other discarded materials . "Motor
Vehicle" shall mean all vehicles propelled or drawn by power
other than muscular power originally intended for use on
public highway.
SECTION 3: Requirements for operation or maintenance .
No person shall operate, establish or maintain a junkyard
upon property having less than 5 acres of land. No person
shall operate, establish or maintain a junkyard until he ( 1 )
has obtained a certificate of approval for the location of
such junkyard and ( 2 ) has obtained a license to operate a
junkyard business .
SECTION 4 . Planning Board Certificate and Application
for license. Before filing an application for the operation
of a junkyard, the applicant must obtain a certificate of
approval from the Town of Queensbury Planning Board, or any
other applicable board or governmental body having
jurisdiction. Such certificate of approval shall state that
the proposed location is not within an established district
restricted against such uses or otherwise contrary to the
2
1
prohibitions of such zoning ordinance . Application for the
license shall be made in writing to the Town Board. The
application shall specify the name, occupation and residence
address of the applicant , the location of the proposed
junkyard, a description of the land to be included in the
junkyard, and the details and specifications of the fencing
and other screening devices to be utilized by the applicant .
The application shall be accompanied by a certificate of
approval from the Planning Board. The application, license
and filing fees shall be filed with the Town Clerk.
SECTION 5 : Hearing. A hearing on the application
shall be held not less than 14 days nor more than 60 days
from the date of the receipt of the application by the Town
Board. Notice of the hearing shall be given to the applicant
by certified mail, return receipt requested, to the address
given in the application and shall be published once in the
newspaper having a circulation within the Town which
publication shall not be less than seven days before the date
of the hearing.
SECTION 6 : License Requirements . 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 a license to operate, establish or maintain
the junkyard. In considering such application, it shall take
3
into account the suitability of the applicant with reference
to his ability to comply with the fencing requirements or
other applicable regulations concerning the proposed
junkyard, to any record of convictions of any type of
larceny or receiving of stolen goods and to any other matter
within the purposes of this section.
SECTION 7 : Location requirements . 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 certificate of approval for the location for the
junkyard. In passing upon same, it shall take into account ,
after proof of legal ownership or right to such use of the
property for the license period by the applicant , the nature
and development of surrounding property, such as the
proximity of 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 or smoke, or of other causes .
SECTION 8: Aesthetic considerations . At the hearing
regarding location of the junkyard, the Town Board may also
take into account the clean, wholesome and attractive
environment which has been declared to be of vital importance
to the continued general welfare of its citizens by
considering whether or not the proposed location can be
4
reasonably protected from having an unfavorable effect
thereon. In this connection the Town Board may consider
collectively the type road servicing the junkyard or from
which the junkyard may be seen, the natural or artificial
barriers protecting the junkyard from view, the proximity of
the proposed junkyard to established residential and
recreational area or main access routes thereto as well as
the reasonable availability of other suitable sites for the
junkyard.
SECTION 9 : Grant and denial of application. After a
• hearing the Town Board shall, within four weeks , make a
finding as to whether or not the application should be
granted, giving notice, of its finding to the applicant by
mail, postage prepaid, to the address given on the
application. Conditional approval may be granted setting
forth reasonable requirements including the completion of the
fencing requirements set forth in Section 11. If approved,
the license, including the certificate of approved location
shall be forthwith issued to remain in effect until the
following July 1st . 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 all provisions of this local law are
complied with during the license period, the junkyard does
5
not become a public nuisance under the common law and the
applicant is not convicted of any type of larceny or the
receiving of stolen goods .
SECTION 10 : License Fees . The annual license fee
shall be $50 .00 to be paid at the time the application is
made and annually thereafter in the event of renewal. Such
fees shall be pro-rated to July lst , the date for renewal of
all junkyard license fees . In addition to the license fee,
the applicant shall pay the costs of advertising the hearing
and such other reasonable costs incidental to the hearing as
are clearly attributable thereto.
SECTION 11: Fencing. Before use, a new junkyard shall
be completely surrounded with a fence at least eight feet in
height which substantially screens the junkyard. The fence
shall include 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 consist of opaque material which is uniform in height
and construction material. Such fence shall be painted in
such a color that it will blend in with the surroundings . No
advertising matter of any kind shall be attached to or
painted on any fence enclosing a junkyard, except as
authorized by the Town of Queensbury Sign Ordinance . Such
fence shall be erected not nearer than 100 feet from a public
highway right of way. All junkyard materials including junk
6
motor vehicles and parts thereof shall be kept within the
.enclosure of the junkyard except as removal shall be
necessary for the transportation of same in the reasonable
course of the business . Such materials temporarily located
outside the enclosure, any motor vehicles held for resale for
use in the public highway, and any equipment held for resale
for those purposes for which it was originally intended shall
be set back at least 20 feet from any public highway right of
way. It shall be a rebuttable presumption that such motor
vehicles and equipment are not held for resale if no sale
thereof occurs within 3 months from the date they are first
located outside of the enclosure of the junkyard. Vehicles
and parts thereof and other material shall not be piled or
stacked to a height above the fence or screening device. All
wrecking or other work on such motor vehicles and parts shall
be accomplished within the enclosure. No burning of waste
material shall be done in a licensed junkyard unless a permit
for such burning shall have been issued by the New York State
Department of Environmental Conservation.
Where the topography, natural growth of timber or other
consideration on the applicant ' s property accomplish the
purposes of this local law in whole or in part , the fencing
requirements hereunder may be reduced by the Town Board, upon
granting the license, provided, however, that such natural
7
e /
barrier conforms with the purposes of this local law.
SECTION 12 : Effect of local ordinances or local laws .
This section shall not be construed to affect or supersede
the Town of Queensbury Zoning Ordinance or the Town of
Queensbury Sign Ordinance.
SECTION 13 : Established junkyards . For the purposes of
this section the location of junkyards already established
shall be considered approved by the Town Board where located
and the owner thereof deemed suitable for the issuance of a
license . Within sixty days from the passage of this local
law, however, the owner shall furnish the Town Board the
information as to location which is required in an
application, together with the license fee and the Town Board
shall issue him a license valid until the next July 1st , at
which time such owner may apply for renewal as herein
provided. Such owner shall comply with all other provisions
of this section including the fencing requirements set forth
in subdivision eleven of this section.
SECTION 14 : Notwithstanding any of the foregoing
provisions of this section, no junkyard, hereafter
established, shall be licensed to operate if such yard or any
part thereof shall be within five hundred feet of a church,
school, hospital, public building or place of public
assembly.
SECTION 15 : Violators of any of the portions of this
8
section shall be guilty of an offense punishable by a fine
not exceeding one hundred dollars and each day that the
violation is carried on or continues shall constitute a
separate violation.
SECTION 16 : If any court of competent jurisdiction
shall adjudge and determine that some portion or provisions
of this local law are invalid, such judgment shall not affect
the validity of the remaining portion or provisions of this
local law.
SECTION 17: The Town of Queensbury Zoning and Building
Department shall be responsible for the administration and
enforcement of this local law. A member of such Department
shall conduct an on-site inspection of all licensed junkyards
prior to the date for renewal of junkyard licenses . A report
of such inspection shall be furnished to the Town Board prior
to June 1.
SECTION 18 . Upon the effective date of this local
law, Town of Queensbury Ordinance Number Six is hereby
repealed.
SECTION 19 : Effective date . This local law shall take
effect immediately upon filing with the Secretary of State.
9
o
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. .......f..........of 19 S 3..
(xi &y
(�it�yx
of file of......Q.V�t*N.S.R.UR.Y... was duly passed by the ...T.o.WN...E34A,.R.D..................... . ........... .............. .
`Town (Name of Legislative Body)
�ARMe
oil..........JULY ,,1.2................... 19..a3. in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or re.passage after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No. ....................of 19........
County
Cityofthe Town of...................................... was duly passed by the ..................................................................................
I own (Nume of Legislative Body)
Village
not disapproved
on_.................... ...........................19........ and was approved by the .......................................................
repassed after disapproval Elective Chief Executive Officer *
and was deerned duly adopted on........................................................19........ , in accordance with the applicable
provisions of law.
3, (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. .................. of 19..........
County
City
ofthe of......................................was dui}' passed by the ........... ..................................................................
hown (Name of Legislative Body)
Village not disapproved
on.............................. ....................19........ and was approved by the...............................................................
repassed after disapproval Elective Chief Il;xecutive Officer *
on..........._......... .. ..... ............ .........................19......... Such local law was submitted to the people by reason of a
niandatury
refercndum,and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on......................................................19........ , in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. .................. of 19..........
County
ofthe City of...................................... was duly passed by the................................................................................oil
'row n (Name of Legislative Body)
Village not disapproved
.................................................I.... 19........ and was approved by the .........................................................on
repassed after disapproval Elective Chief Executive Officer*
...............................I..............................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
...................................................................... 19......... in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or, if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
Page •2 i0
AC 2051
(Rev.4/81) STATE OF NEW YORK
OFFICE OF THE STATE COMPTROLLER
1 ALBANY,NEW YORK
C81Jto, 12236
EDWARD V.REGAN
STATE COMPTROLLER
August 26 , 1983
Darien Dougher, Dep. Town Clerk
Town of Queensbury
Box 98
Glens Falls, NY 12801
Dear Sir/Madam:
This is to advise that Local Law(s) No. 4 of 1983
Town of Queensbury
for the was received and filed
7/13/83
on
V ruly yours,
Kendall R. Pirro
Associate Attorney
Charters Unit
KRP:dal
cc: Secretary of State
NYS Department of State
Bureau of State Records. `
162 Washington Avenue
Albany, NY 12231
Darleen Dougher, Dep. Town Clerk
Town of Queensbury
Box 98
Glens Falls, N. Y. 12801
Date: :�U L. 2 S 1983
Dear Sir/Madam:
Please be advised that Local Law(s)No. 4
of 19.83 of the Town of Queensbury
was/were received and filed on July 14, 1983
Additional forms for filing local laws with this office will be forwarded upon
request.
NYS Department of State
Bureau of State Records
383602-004(12/82)
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
PENALTY FOR PRIVATE
SENDER INSTRUCTIONS USE TO AVOID PAYMENT
OF POSTAGE,$300
Print you IpRla,adbea,a+le ZIP C OLN III dw space below,
• cW0W 1N a 1,%3,and 4 on Ibo revers!. U S.MAIL
• An th to h d of v*b I rpo poft
obPwwW attr to back oI aNds.
• E"m u*Is Ift"Ru W IMgoated"
aawd to raebv,
RETURN
TO
TOWN OF QUEENSBURY TOWN CLERK
(Name of Sender)
BAY S HAVILAND RDS.
(Street or P.O. Box)
GLENS FALLS, N,FY, 128Q1
(City, State,and ZIP Code)
•SERA:Complete items t,2,3,and 4.
Add your address in the"RETURN TO"spact
_ on reverse.
(CONSULT POSTMASTER FOR FEES)
i.The following service is requested(check one}.
Show to whom and date delivered.................... _¢
❑ Show to whom,date,and address of delivery.. _ 1l
i.❑ RESTRICTED DELIVERY Q
(The restricted delivery fee is charged in addition to
the return receipt fee)
TOT}►!.. ¢__._..___
3.AWMLE NXWA=W TO:, A
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4. TYPE OF SERVICE- LE NUMBER
T ❑REGISTERED ❑INSURED
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❑Coo
[I EXPRESSMAIL
m (Always Obtain aWWSM of addressee or agent)
p
I have received the article described above.
SIGNA A/d ❑ Au arized agent
C DATE Of DELIVERY
AW
CB.ADDRESSEE's ADDRESS(Only(f refine:nxtj � �„' ti
o X3ta N
! 7.UNAOU TO DEUVER BECAUSE: 71L EMPLOYEE'S
INMALS
UNITED STATES POSTAL SERVICE
oFFtclAt eustNcss
PENALTY FOR PRIVATE
SENDER INSTRUCTIONS USE TO AVOID PAYMENT
OF POSTAGE,$300
PfL1tY0Yl t11nK odrlrpo,Mid ZIP C 9de In tilo spanbE1DW.• UAL
• to YO dd of**N N Igeee twm(ts,• ..
Otlr11/1IM�tf black of e� ..
• EneaM elrlll'Rebrn Ret eIP Requested"
od}eent to eanler.
RETURN
TO
TOWN OF QUEENSBURY TOWN CLERK
(Name of Sender)
BAY & HAVILAND RDS.
t (Street or P.O. Box)
(City,Stlite,and Z o e)
0 SENDER:Complete items 1,2,3,and 4.
Add your address in the"RETURN TO"spa
bl on reverse.
(CONSULT POSTMASTER FOR FEES)
i.The following service is requested(check one),
Q Show to whom and date delivered..........,,.......
. _.d
❑ Show to whom,date,and address of delivery.. --0
2.❑ RESTRICTED DELIVERY ....Q
(The restricted delivery fee is charged in addition to
the return receipt fee.)
TOTAL
3.ARTICLE ADDRESSED TO.
2 s n
m 4. TYPE OF SER ICE: ARTICLE NUMBER
m ❑REGISTERED ❑MURED
UC:ERTIFIED ❑COD
❑EXPRESS MAIL
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tg I have received the article described above.
�p SIGNATURE ddressee ❑ Authorized t
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m £ ti OdSf�
C3 j�11
= B.ADDRESSEE'S ADORE$$(Only if requested) C 8n
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7.UNABLE TO DELIVER BECAUSE: c
5. (City local law concerning Charter re,,ision proposed by petition.)
I hereby certify- that the local Ia%v annexed hereto,designated as local law No. ....................of 19........
of the City of.......................................................................... having been submitted to referendum pursuant to the
provisions of § 37 of the !Municipal lk,nie Rule Law,and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the special election held on •.................................
general
................ 19 ............ became operative.
6, (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Local Law No. ......of 19...... of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certif ication.)
�C B` I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph .............. ........... above.
i
Clerk of the County legislative bodk„City,Town or ►llage Clerk or
officer designated by local legislative body
Date:
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, tillage Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COJJNTY OF........WAF?Rf^N...........................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
doper proceedings have been had or taken for the enactment of the local law annexed hereto.
: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature
'• TOWN COUNSEL
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Title
Date: JULY 12 , 1983 F-JoRo4y
C"V of ..............QUE.ENSBURY......................
Town
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