[Added 8-19-1997 by L.L. No. 11-1997]

As used in this article, the following terms shall have the meanings indicated:

JUNKYARD - The premises from which a junk business or a motor vehicle junk business is conducted as such terms are defined in § 143-1 of this Code.

Notwithstanding anything contained in this Code to the contrary, junkyards shall only be permitted in H Heavy Industrial Districts or in any industrial district located within the area bounded by Patton Avenue, Edison Avenue, Alder Street and the westerly side of Nancy Street and only if a special exception permit is granted by the Zoning Board of Appeals to the operator of the junkyard pursuant to the standards set forth in this article.

A. The applicant shall provide proof to the Board that the landowner has consented to the operation of a junkyard.

B. The applicant, prior to applying for a special exception permit under this article, will have applied for all required federal, state and county permits. The applicant shall have been issued all permits required by the federal, state and county governments for the operation of a junkyard at the site prior to the issuance of a permit pursuant to this article.

C. The applicant shall have obtained site plan approval by the Planning Board.

D. The requirements of Article XIV, XV, XVI or XVII of this chapter shall be complied with as applicable except as otherwise provided herein. Notwithstanding the foregoing, the Board shall have the authority to grant such area variances as it shall deem appropriate, pursuant to Town Law § 274-b, Subdivision 3.

E. Such use is reasonable, necessary and will be in harmony with and promote the general interests and welfare of the surrounding community.

F. The neighborhood character and surrounding property values are reasonably safeguarded. G. The proposed use will not prevent the orderly and reasonable use of adjacent property.

H. The site is particularly suitable for the location of such use in the community.

I. The access facilities are adequate for the estimated traffic from public streets so as to ensure the public safety and to avoid traffic congestion.

J. There is room for creation of off-street parking and truck-loading spaces at least in the number required by the applicable provisions of this article, but in any case adequate for the actual anticipated number of occupants of the proposed use, whether employees, patrons or visitors and, further, that the layout of the spaces and related facilities can be made convenient and conducive to safe operation.

K. The proposed use will not pose risks to the public health or safety.

L. The characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, senior citizens' residence, recreational area or other place of public assembly.

M. Adequate buffer yards and screening can be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use.

N. Adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate.

O. Permitted collection and storage facilities for antifreeze, freon, gasoline, waste oil and any other petroleum liquid shall be provided and maintained. A copy of all such permits shall be submitted with the application.

P. Provision for the storage and disposal of lead acid batteries in accordance with all federal, state and county laws.

Q. The natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or destruction of important natural features, systems or processes and without significant negative impact to groundwater and surface water on and off the site.

R. The lot area is sufficient, appropriate and adequate for the use, as well as reasonably anticipated operation expansion thereof.

S. The proposed use can and will comply with all provisions of this chapter and of the Code which are applicable to it and can meet every other applicable federal, state, county and local law, ordinance, rule or regulation.

T. The proposed use will not result in unacceptable levels of noise, vibration, smoke, dust, odor, fumes or noxious gases nor negatively impact upon air quality.

U. The applicant must provide noise level specifications to the Department of Environmental Control for any machinery to be utilized on the site. In the event that a substantial increase in existing noise levels may occur as a result of the proposal, a noise study may be requested by the Department of Environmental Control. The application will not be considered complete until such report is provided.

V. A Town of Babylon Environmental Quality Review Act (TOBEQRA) full environmental assessment form will be provided with each application.

W. The applicant shall provide a description of an material to be transferred, stored and processed on the site.

A. Fence and gates required. The entire perimeter of premises operated as a junkyard shall be surrounded by a solid fence constructed of wood, aluminum, metal clad, chain link with slats or such other material as may be approved by the Commissioner, and the same shall be opaque, except that gates of not more than 24 feet in width, constructed of cyclone fencing, may be installed in the fence.

B. Maintenance. The fence shall be kept in good order and repair and shall be painted or renovated at least once every three years in a solid color, either white, battleship gray, dark green or such other color as may be approved by the Commissioner.

C. Setbacks. Said fence shall be set back from all street lines at least 15 feet, except that if a lot in question has a depth of less than 100 feet, then the setback from the street may be five feet.

D. Height. On premises bordering a residential zone, the fence shall be 10 feet in height; otherwise the fence shall be six feet in height.

So much of the plot between the fence provided for in § 213-438 and the street line shall be suitably landscaped with underground sprinklers.

In no event shall scrap and junk be so piled as to exceed the height of 20 feet. Piles shall be maintained to the height of the fence required under § 213-438 within 20 feet from said fence.

The exterior of premises operated as junkyards, as provided herein shall be kept in a neat and orderly condition, free of debris, paper or any other solid waste or refuse material.

The owner of a junkyard, at his own cost and expense, shall erect, construct and maintain a sidewalk and curb along the entire property line of the premises as may abut upon a street.

[Amended 7-20-1999 by L.L. No. 10-1999]

No junk vehicles, dismantled vehicles, parts of vehicles, junk material or ashes and debris shall be piled, stored or otherwise left by the owner or operator of the establishment outside the opaque fenced area as required herein, and any such junk or junk material that should be left by others outside the establishment shall be promptly removed by the owner and/or operator of the establishment.

[Amended 7-20-1999 by L.L. No. 10-1999]

Vehicles may be stored only on concrete areas within the opaque fenced area of the junkyard. Storage of vehicles upon asphalt areas is prohibited.