HomeMy WebLinkAbout75-148Report No. 148
REPORT ON REVISED SALVAGE YARD BY -LAW: -
The above by-law, as revised to February 18, 19759 was
circulated to all known Salvage Yard operators in the municipality
and their comments were invited.
Six submissions were received from operators or their
solicitors, on July 7 and 10, we reviewed the six submissions with
our consultant and drafted the attached revisions to the by-law to
meet in whole or in part those criticisms which we thought were
valid.
We have not attached the text of the six submissions to this
report, but we have invited those who made submissions to attend the
meeting and their letters will be available for inspection at that
time.
It is recommended that the proposed Salvage Yard By-law be
approved as revised.
Respectfully submitted,
vfGeorge F. Howden,
Planning Director.
REVISIONS"TO DRAFT SALVAGE YARD BY—LAW
TOWN OF NEWCASTLE
Prepared By: Municipal Planning Consultants Co. Ltd.
Draft: 9 December 1974
Revised: 18 February 1975
Revised: 9 July 1975
SECTION 3 (11) "SALVAGE YARD" means an establishment or premises where
derelict, discarded, abandoned or inoperable motor vehicles
and/or other goods, wares, merchandise, articles or things
are stored wholly or partly in the open. This definition
shall include a junk yard, a scrap yard or an,automobile
wrecking yard but shall not include any land fill site operated
in accordance wi§h regulations made under The Environmental
Protection Act or any establishment or premises wherein open
storage is incidental and subordinate to the running, repair
or sale in useable or operable condition of any goods, wares,
merchandise, articles or things.
(12) Delete.
SECTION 4 (1) LICENSE REQUIRED
No person shell establish or operate a salvage yard unless a
license for such salvage yard is issued pursuant to this By -Law.
Following the thirtieth day of September, A.D. 1976, no person
shall operate an existing salvage yard unless a license for
such salvage yard is issued pursuant to this By-Lat,t.
SECTION 4 (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 $50.00 per ye-ar plus $10.00 per
year for each acre of land, or portion thereof in excess of
five acres, permitted for use as a salvage yard, payable upon
application.
SECTION 4 (4) EXPIRY OF LICENSE
Every license shall expire on the thirtieth day of September
of each year.
page 2.
SECTION 4 (5) REVOCATION OF LICENSE
After the operator of any salvage yard has been given notice
of any breach of any of the provisions of this By—Law and has
failed to rectify such breach within fourteen days, Council
may revoke an operators license and such salvage yard shall
cease operations forthwith.
SECTION 5 (2) LOCATION OF SALVAGE YARDS
No part of any salvage yard shall be located closer than
70 feet from any read allowance, 25 feet from any other property
line, nor 50 feet from any residential building or structure.
(3) FENCING AND ADVERTISING
All salvage yards shall be fully enclosed by a fence, constructed
of new materials at the time of construction and haviving a
height of not less than 8 feet. Every such fence shall be
constructed of either wood or metal with vertical sheets not
less than 6 inches wide and openings of not greater than 2
inches wide. ,Any opening in the fence greater than 2 inches
wide shall be filled by a gate or door, of the same construction
as the fence and shall have a height of not less than B 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
advertising shall be affixed to any fence, gate or door except
in accordance with the By—Laws of the Corporation regulating
signs.
(4) SCREENING
The outside perimeter of every required fence shall be planted
with two continuous rows of evergreen trees .,ithin 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, except where such trees are planted greater than
300 feet from any road allowance or residential building or
structure in which case such trees shall be at least 4 feet
in height. The trees shall be maintained in a healthy condition
and any diseased or dead trees shall be replaced immediately.
Such screening shall not be required along any portion of the
perimeter where there is an existing natural tree screen.
page 3.
SECTION 6 (3) HEIGHT OF SALVAGE PILES
No salvage pile shall exceed the height of the fence enclosing
the salvage yard, except here such pile is 1oc,�ted at a distance
greater than 300 feet from any road allowance or residential
building, in which case such pile shall not exceed the height
of the fence or the lowest portion of the screening, whichever
is greater.
SECTION 7 (2) VIOLATION AND PENALITIES
®ny person who violates any of the provisions of this By-l%w
shall be guilty of an offence and upon conviction therefor,
shall be liable to a fine of not less than Three Hundred
Dollars ($300.00) and not more than One Thousand Dollars
($1,000.00) for each offence, and shall take such steps as
may be necessary to comply with the provisions of this By -Law.
Each day of violation shall constitute an offence.
NOTE: REFER TO PLANNING ADVISORY COMMITTEE MEETING AGENDA, FEB. 149 19759
REPORT NO. 105 (FROM FEB. 100 1975) FOR DRAFT BY-LAW.