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HomeMy WebLinkAbout75-105Report No. 105 REPORT ON SALVAGE YARD BY-LAW AND DEVELOPMENT AGREEMENT: I have met with Mr. Barber to discuss these documents and suggest any revisions which I thought were needed. He will be suggesting ways of resolving these comments at the meeting. 1. Comments on Salvage Yard By-law: Section 3(8) - This definition would seem to include any outdoor sales facility such as used car lots9 trailer sales outlets, farm implement dealers etc. The definition should not include any business which engages in outdoor storage solely for retail sales purposes or for purposes incidental to the repair of vehicles 9 machinery etc. Section 5(2) - Salvage Yards presently operating within 300 feet of a road should be allowed to continue with a lesser setback, say 50 feet - since some small dealers are probably located entirely within 300 feet of a road and could be put out of business by the proposal. Section 5(4) - Any existing natural screening around a site should be preserved. It would be senseless to require an operator to take out an existing dense belt of vegetation to replace it with a single row of evergreens. Section 6(2) - This section should also prohibit the discharge of liquid wastes into any natural or artificial watercourse. Page 2. Section 6(8) (proposed) - There should be a section requiring pro- vision of adequate off-street customer and staff parking and en- suring that such parking does not become a part of the storage area. 2. Comments on Salvage Yard Development Agreement: Section 1 - One foot reserves should be taken around the whole site of a salvage yard to guarantee against authorized entrances and to guarantee against the encroachment of the yard into adjacent lands not zoned for the purpose. Section 27 - (proposed) -,This section should be added in the Stephenson case, to contain guarantees that the existing nonconform- ing salvage yard will be discontinued upon relocation. There is presently no guarantee that the new owner of Mr. Stephenson's land north of Hwy. 401 might not decide to continue the non -conforming use. Mr. Barber will be suggesting a way of guaranteeing that the existing use is extinguished. Section 28 (proposed) - This section should be added in the Steph- enson case at the discretion of the Lorks Committee. The Director of Works previously commented that the salvage yard might require some improvements to the existing road to bring it up to a standard suitable for industrial traffic including heavy vehicles. Since this improvement would be necessitated solely by Mr. Stephenson's development, he should be required to pay for any such improvement. (continued).......... Page 3. Section 29 (proposed) - Any mortgages on the property should he required to postpone their interest in favour of the Town and to sign the agreement as parties thereto. Respectfully submitted,. George F. Howden, Planning Director. SALVAGE YARD BY-LAW TOWN OF NEWCASTLE PN: 444o/9 DRAFT: 9 December 1974 MUNICIPAL PLANNING CONSULTANTS CO. LTD. TOWN PLANNERS & PROFESSIONAL ENGINEERS TORONTO & KINGSTON . ONTARIO, CANADA THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER A BY-LAW TO LICENSE, REGULATE AND GOVERN THE OPERATION OF SALVAGE YARDS IN THE TOWN OF NEWCASTLE. WHEREAS The Municipal Act provides that the council of a municipal cor- poration may pass by-laws to license, regulate and govern the operation of salvage yards. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: SECTION 1 TITLE AND SCOPE (1) TITLE OF BY-LAW This By-law may be cited as the "Salvage Yard By-law". (2) SCOPE OF BY-LAW (a) LANDS SUBJECT TO BY-LAW: The provisions of this By-law shall apply to all lands within the corporate limits of the Town of Newcastle. (b) CONFORMITY WITH BY -LAW - No person shall establish, enlarge or operate a salvage yard except in conformity with the provisions of this By-law. (c) COMPLIANCE WITH OTHER RESTRICTIONS: This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a governmental authority having jurisdiction to make such restrictions. Nothing in this By-law is intended to make lawful any operation which would otherwise be unlawful by reason of its constituting the use of any land, building or structure for purposes prohib- ited by any by-law of the Corporation, nor shall it be deemed to authorize the establishment or alteration of any salvage yard contrary to any by-law of the Corporation passed pursuant to Section 35 of The Planning Act R.S.O. 1970, or a predecessor. (1) SECTION 2 INTERPRETATION For the purposes of this By-law, words used in the present tense include the future; words in singular number include the plural and words in the plural include the singular number; the word "shall" is mandatory; the words "used" and 'occupied" shall include the words "arranged" and "de- signed" to be used or occupied. SECTION 3 DEFINITIONS In this By-law and in any license, form or notice issued hereunder, the following definitions and interpretations shall apply, unless the con- text requires otherwise: (1) "CORPORATION" means the Corporation of the Town of Newcastle. (2) "COUNCIL" means the Council of the Corporation of the Town of Newcastle. (3) "REGION" means the Corporation of the Regional Municipality of Durham. (4) "BY-LAW ENFORCEMENT OFFICER" means the officer or employee of the Corporation charged with the duty of enforcing this By-law. (5) "EXISTING" means existing on the date of passing of this By-law. (6) "LICENSE" means a license issued under the provisions of this By- law for the establishment, enlargement or operation of a salvage yard. (7) 'OPERATOR" means the owner of, the lessee of, or the person des- ignated by the owner to operate, a salvage yard. (2) SECTION 3(8) DEFINITIONS (8) "SALVAGE YARD" means lands, buildings or structures where goods, wares, merchandise, articles or things are stored wholly or partly in the open for sale or processing for further use. This definition shall include a ,junk yard, a scrap metal yard or an automobile wrecking yard. SECTION 4 LICENSE PROVISIONS (1) LICENSE REQUIRED No person shall establish or operate a salvage yard unless a license for such salvage yard is issued pursuant to this By-law. Following the thirty-first day of September, A.D. 1975, no person shall operate an existing salvage yard unless a license for such salvage yard is issued pursuant to this By-law. (2) AREA OF LAND Every license shall state the exact area of land permitted for.use as a salvage yard for which such license is issued. No person shall increase the area of land used as a salvage yard unless a license for such additional area of land is issued pursuant to this By-law. (3) LICENSE APPLICATION AND FEES Every application for a license shall be made in triplicate on the Corporation's "Application for Salvage Yard License" form. License fees shall be $10.00 per year for each acre of land, or portion thereof, used as a salvage yard, payable upon application. (4) EXPIRY OF LICENSE Every license shall expire on the thirty-first day of December of the year for which such license is issued. (5) REVOCATION OF LICENSE Upon any breach of any of the provisions of this By-law, Council may revoke such license and such salvage yard shall cease operations forthwith. (3) SECTION 4(6) LICENSE PROVISIONS (6) TRANSFER OF LICENSE No license shall be transferred without the approval of Council. SECTION 5 DEVELOPMENT PROVISIONS (1) LAND CONDITIONS Every salvage yard shall be adequately drained and no low-lying, marshy or unstable land shall be developed into a salvage yard. (2) LOCATION OF SALVAGE YARDS No part of any salvage yard shall be located closer than 300 feet to any public road, nor 30 feet from any other property line. (3) FENCING AND ADVERTISING All salvage yards shall be fully enclosed by a solid wooden or solid metal fence, constructed of new materials and having a height of not less than 8 feet. Any opening in the fence shall be filled by a gate or door, of the same construction as the fence and shall have a height of not less than 8 feet and a width of not more than 20 feet. Every door and gate shall be kept closed and locked at all times except during business hours. The required fences, gates and doors shall be kept painted in a green, gray or earthen colour. No signs, posters or other adver- tising shall be affixed to any fence, gate or door other than one sign, not exceeding 50 square feet, announcing the name of the salvage yard and the name and address of the operator. (4) SCREENING The outside perimeter of every required fence shall be planted with a continuous row of evergreen trees within a distance of 15 feet from such fence. The trees shall be not less than 8 feet in height and shall be planted at intervals of not more than 10 feet. The trees shall be maintained in a healthy condition and any diseased or dead trees shall be replaced immediately. (4) SECTION 6 OPERATING PROVISIONS (1) MAINTENANCE OF MOTOR VEHICLE RECORDS In every salvage yard where motor vehicles are wrecked, dismantled or salvaged, the operator shall keep a correct register which shall contain the following information on each such motor vehicle on the premises: (a) the year, make, model and manufacturer's serial number; (b) the date and place of purchase by the operator; (c) the name and address of the vendor; (d) the date and place of sale by the operator; and (e) the name and address of the purchaser. (2) PROHIBITED OPERATIONS The burning of any material in a salvage yard shall be prohibited. No salvage yard shall be operated in a manner which produces any noise, dust or odors which are objectionable to adjacent properties. (3) HEIGHT OF SALVAGE PILES No salvage pile shall exceed the height of the fence enclosing the salvage yard. (4) USE OF BUILDINGS Any building on the premises of the salvage yard shall only be used for purposes incidental to the operation of such salvage yard. (5) MAINTENANCE OF LIGHTING Every operator shall ensure that all flood lighting on the premises is designed and maintained so as to prevent glare on adjacent public roads and adjacent residential properties. SECTION 7 ADMINISTRATION (1) INSPECTION The By-law Enforcement Officer and/or the representative of any (5) SECTION 7(1) other public agency are hereby authorized to enter any salvage yard during normal business hours, to ensure compliance with the pro- visions of this By-law. The operator of the salvage yard shall comply with every direction issued by the By-law Enforcement Officer and/or the representative of any other public agency which relates to such salvage yard. (2) VIOLATION AND PENALTIES Any person who violates any of the provisions of this By-law shall be guilty of an offence and upon conviction therefor, shall be liable to a fine not exceeding One Thousand Dollars ($1,000.00) or to im- prisonment not exceeding 21 days, for each such offence, and shall take such steps as may be necessary to meet the requirements of this By-law. Each day of violation shall constitute an offence. (3) EXISTING BY-LAWS Any By-laws of the former Town of Bowmanville, the former Village of Newcastle, the former Township of Clarke and the former Township of Darlington passed under Section 35+(1), Paragraph 117 of The Municipal Act, R.S.O. 1970, as amended, or a predecessor, are hereby repealed. SECTION 8 APPROVAL THIS BY-LAW shall become effective on the date of final passing hereof. THIS BY-LAW read a first time this day of , A.D., 197 THIS BY-LAW read a second time this day of , A.D., 197 . THIS BY-LAW read a third time and finally passed this day of , A.D., 197 (SEAL) (6) Mayor Clerk