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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.