ORDINANCE TO REGULATE AUTOMOBILE GRAVEYARDS,
AUTOMOBILE SALVAGE YARDS AND JUNKYARDS

TOWN OF BUXTON, MAINE
Enacted June 10, 1989

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Section 1. Purpose. Automobile Graveyard, Salvage Yard & Junkyards.

The purpose of this Ordinance is to provide adequate controls to ensure that automobile graveyards, automobile salvage yards and junkyards do not have a deleterious impact on the health, safety and general welfare of the residents of the Town.

Section 2. Authority. Automobile Graveyard, Salvage Yard & Junkyards.

This Ordinance is enacted pursuant to municipal home rule authority and 30-A M.R.S.A., Section 3755 (5) as amended.

Section 3. Applicability. Automobile Graveyard, Salvage Yard & Junkyards.

The provisions of this Ordinance shall apply to all automobile graveyards, automobile salvage yards and junkyards within the Town of Buxton, Maine.

Section 4. Definitions. Automobile Graveyard, Salvage Yard & Junkyards.

The following terms as used in this Ordinance shall have the following meanings:

Automobile Graveyard: A yard, field or other area used to store 3 or more unserviceable, discarded, worn-out or junked motor vehicles as defined 29-A M.R.S.A. Section 101, or parts of such vehicles. "Automobile Graveyard" does not include any area used for temporary storage, not exceeding six (6) months by an establishment or place of business which is primarily engaged in doing auto body repair work.

Automobile Salvage Yard: A yard, field or other area used for the recovery and/or complete recycling of automotive related items, such items not to be abandoned or discarded.

Highway: Any public way.

Junkyard: A yard, field or other area used to store:

A. Discarded, worn-out or junked plumbing, heating supplies, household appliances and furniture;

B. Discarded scrap and junked lumber;

C. Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous materials; automobile motors, parts and/or automotive debris; and

D. Garbage dumps, waste dumps and sanitary fills.

Section 5. Application Procedure. Automobile Graveyard, Salvage Yard & Junkyards.

A. Any person wishing to locate an automobile graveyard, automobile salvage yard or junkyard within the Town after June 5, 1989 shall apply to the Board of Selectmen for a permit as required by state law pursuant to 30-A M.R.S.A. 3753. The application shall include either a permit from the Maine Department of Environmental Protection or a letter from that department stating that a permit is not required and a letter from the Code Enforcement Officer that any use approval required under the Town of Buxton Zoning Ordinance has been obtained.

B. The applicant shall submit a site plan drawn to a scale not to exceed 1" = 100' on which is shown:

1. The boundary lines of the property.

2. The location of the site with respect to the nearest aquifer, as mapped by the Maine Geological Survey and as indicated on Map 4 (1985) Significant Sand and Gravel aquifers.

3. The location of any residence, school or other structure within 500 feet of the area where automobiles or junk will be placed.

4. The location of any water bodies or freshwater wetlands on the property as mapped by the State or within 200 feet of the property lines.

5. The location of proposed entrances to and exits from the property.

6. The area on the site where vehicles or junk will be received, processed and/or stored.

7. All existing and proposed buildings, wells, screening, subsurface waste disposal systems, containment pads and liquid storage facilities.

C. The applicant shall also:

1. Indicate if the location of the site is within a 100-year flood plain as shown on the Flood Insurance Rate Map of Buxton, Maine.

2. Provide a hydrogeologic assessment of the site by a certified geologist. The hydrogeologic assessment shall contain at least the following information:

a. A map showing the basic soil types, the depth to the seasonal high water table at representative points on the site and the drainage conditions throughout the site.

b. Data on the existing groundwater quality either from test wells on the site or from existing wells on neighboring properties.

c. An analysis and evaluation of the effect of the proposed use on groundwater resources and quality. Projections of groundwater quality shall be based on the assumption of drought conditions (assuming 60% of average annual precipitation).

3. Provide an explanation of the proposed activity on the site including the handling and eventual disposition of all products of the operation and an emergency procedure in the event of a spill involving any hazardous or toxic materials.

Section 6. Performance Standards. Automobile Graveyard, Salvage Yard & Junkyards.

A. Automobile graveyards, automobile salvage yards and junkyards shall be kept entirely screened to ordinary view from the highway at all times by natural objects, plantings or fences.

1. Screening must be well constructed and properly maintained at a minimum height of six (6) feet and shall comply with the rules adopted by the Maine Department of Transportation pursuant to 30-A M.R.S.A., Section 3759.

2. Screening as required in 1 above shall be constructed on any other side of the property if requested by the Municipal Officers as necessary to screen any non-industrial, non-commercial or non-agricultural use.

B. No vehicles or junk may be stored within 300 feet of any water body or inland wetland as mapped by the State nor within 100 feet of any highway.

C. No vehicles or junk may be stored within 500 feet of any residence or private well existing at the time of application except the residence or wells of the owner of the property. However, for licensed automobile graveyards and automobile salvage yards which were in legal existence prior to June 10, 1989, compliance with this standard may be waived by the Board of Selectmen at the time of annual license renewal.

D. No vehicles or junk may be stored within 300 feet of any public park, public playground, bathing beach, school, church or cemetery existing at the time of initial licensure under this Ordinance.

E. No vehicles or junk may be stored over an aquifer as mapped by the Maine Geological Survey.

F. No vehicles or junk may be stored within the 100-year flood plain.

G. To protect the health, safety and general welfare of neighboring property owners, the following operational procedures shall be followed by automobile graveyards, salvage yards and junkyards:

1. Upon receiving a motor vehicle, the battery shall be removed and stored in a weather-tight structure. The fuel tank shall be emptied or removed.

2. When a part containing a fluid of any kind is removed from the vehicle, the fluid must be drained into watertight, covered containers and shall be recycled or disposed of according to all applicable state and federal laws and regulations. Discharge of any fluid into or onto the ground shall not be permitted.

3. All vehicles and junk shall be stored at least 20 feet from the property line.

4. All areas of the yard must be readily accessible to fire apparatus.

5. All dismantling of major components from vehicles shall take place within a cement floored building or over a cement pad of adequate size to extend at least 3 feet beyond all sides of the largest vehicle expected to be processed. Spilled fluids shall be promptly contained with absorbent material.

6. All activity on the site shall be in compliance with the provisions of Article 10 of the Town of Buxton Zoning Ordinance.

Section 7. Existing Operations. Automobile Graveyard, Salvage Yards & Junkyards.

A. Any licensed automobile graveyard, automobile salvage yard or junkyard in lawful existence at the time this Ordinance is enacted may remain in operation on the parcel of land on which it is presently located, provided it meets all applicable state requirements and within two (2) years of the enactment of this Ordinance it meets all of the performance standards of Section 6 of this Ordinance. All presently licensed businesses shall receive a certified notification from the Code Enforcement Officer within 30 days of acceptance of this Ordinance.

B. Any lawfully existing automobile graveyard, automobile salvage yard or junkyard shall not expand onto a parcel of land described in a separate deed unless all the provisions of this Ordinance are met on the separate parcel.

Section 8. Administration. Automobile Graveyard, Salvage Yards & Junkyards.

A. This Ordinance shall be administered by the Board of Selectmen. An automobile graveyard, automobile salvage yard or junkyard permit shall not be issued under 30-A, M.R.S.A., Section 3753 unless the provisions of this Ordinance are complied with. The Selectmen may attach reasonable conditions to any permit issued to ensure compliance with the performance standards and other requirements of this Ordinance.

B. Permits shall be renewed annually to remain valid. Once the site plan is approved, it does not need to be resubmitted unless the licensee makes changes in the plan. Such changes will require prior approval by the Selectmen. The Municipal Officers shall annually inspect or cause to be inspected, the site to ensure that the provisions of this Ordinance and state laws are complied with.

C. An annual fee shall be submitted with each permit application as required by 30-A, M.R.S.A., 3756. In all cases the cost of posting and publishing the notice required under 30-A, M.R.S.A., 3754 shall be borne by the applicant.

Section 9. Enforcement. Automobile Graveyard, Salvage Yards & Junkyards.

This Ordinance shall be enforced by the Municipal Officers in accordance with state law. Any violation of this Ordinance shall also be deemed a nuisance and the violator shall be subject to the penalties set forth in 30-A, M.R.S.A., Section 3758 
and 4506.

Section 10. Amendment. Automobile Graveyard, Salvage Yards & Junkyards.

This Ordinance may be amended by vote of the legislative body in the manner provided in Article 7 of the Town of Buxton Zoning Ordinance.

Section 11. Effective Date. Automobile Graveyard, Salvage Yards & Junkyards.

This Ordinance shall become effective on the date of adoption by the legislative body.

Section 12. Conflicts. Automobile Graveyard, Salvage Yards & Junkyards.

If the provisions of this Ordinance conflict with the statutory provisions and regulations enforced by the Department of Environmental Protection or any other state authority, the stricter laws shall prevail to the extent permitted by law.

Section 13. Separability. Automobile Graveyard, Salvage Yards & Junkyards.

Should any section or provision of this Ordinance be declared invalid by the courts, such decision shall not invalidate any other section or provision of this Ordinance.


 

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