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HomeMy WebLinkAbout75-166Report No. 166 REVISED SALVAGE YARD BY -LAW: - ,As instructed by the Committee, we invited all existing salvage yard operators or their solicitors to a meeting to dis. cuss the revised salvage yard by-law. Bofore doing so we draf- ted a number of revisions to the by-law. These revisions reduced the license fee to that specified in the Municipal Act, made some changes to the screening and fencing provisions, and granted to existing operators a five year period in which to bring their operation into conformity with the screening and fencing provi. sions of the by-law. None of the salvage yard operators attended the meeting to which they were invited, but one operator telephoned to advise that he no longer had any objection to the by-law as revised; Although no one attended the meeting which we called to dis. cuss the proposed by-law, we telephoned the solicitors of those represented by Counsel and asked for written comments. We rec- eived a written comment from the solicitor for Dom's Auto Parts which objected to the fencing and screening provisions as being too onerous for existing operators. In conclusion, we consider that a security fence and natural screening are preferable to the present requirement for a close board fence. These board fences are unattractive, expensive to . maintain, and seldom survive very long in good condition. We also consider it essential that ultimately all salvage yards in the Town of Newcastle should conform to the same requirements. In recognition of the expense involved and the limited life of any wooden fence we considered it reasonable to allow a period of exemption for fencing and screeing for those yards which conformed with existing by-laws. Therefore, we recommend that the attached by-law be approved and forwarded to Council for enactment. Respectfully submitted, 'George F. Howden, Planning Director. SALVAGE YARD BY-LAW TOWN OF NEWCASTLE PN: 4440/9 DRAFT: 9 December 1974 REVISED; 18 February 1975 3 October 1975 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 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) "AUTONOBILE SERVICE STATION" means an establishment primarily engaged in the retail sale of fuels or lubricants for motor vehicles or snowmobiles. Accessory uses may include the sale of motor vehicle or snowmobile accessories and minor maintenance or repair operations for such vehicles, other than bodywork or painting. (5) "BODY SHOP" means an establishment or premises used primarily for the painting or repairing of vehicle bodies. (6) "BY-LAW ENFORCEMENT OFFICER" means the officer or employee of the Corporation charged with the duty of enforcing this By-law. (7) "COMMERCIAL GARAGE" means an establishment or premises used primarily for the temporary storage of commercial motor vehicles or for the repair or maintenance of vehicles. (8) "EXISTING" means existing on the date of passing of this By-law. (9) "LICENSE" means a license issued under the provisions of this By-law for the establishment, enlargement or operation of a salvage yard. (10) 'OPERATOR" means the owner of, the lessee of, or the person desig- nated by the owner to operate, a salvage yard. (2) Revised: 18 February 1975. I' SECTION 3(11) DEFINITIONS (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 with 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. SECTION 4 LICENSE PROVISIONS (1) LICENSE REQUIRED No person shall establish or operate a new 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. 1976, 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 Twenty Dollars ($20.00) per year, payable upon appli- cation. (4) EXPIRY OF LICENSE Every license shall expire on the thirtieth day of September of each year. (3) Revised: 18 February 1975 3 October 1975 SECTION 4(5) LICENSE PROVISIONS (5) REVOCATION OF LICENSE After the operator of any salvage yard has been given written 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 operator's license and such salvage yard shall cease operations forth- with. SECTION 5 DEVELOPMENT PROVISIONS (1) LAND USE No land in a salvage yard shall be used for any purpose other than the purposes shown on the most recent site plan of such salvage yard which has been approved by the Corporation. (2) LOCATION OF SALVAGE YARDS No part of any salvage yard, exclusive of any existing or required screening, shall be located closer than 70 feet from any road allow- ance, 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 chain-link fence having a height of not less than 8 feet. 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 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. No signs, posters or other advertising shall be affixed to any fence, gate or door except in accordance with the By-laws of the Corpora- tion regulating signs. (4) Revised: 18 February 1975 3 October 1975 SECTION 5(4) DEVELOPMENT PROVISIONS (4) SCREENING Within 15 feet outside of the required perimeter fence a buffer for screening purposes shall be planted consisting of two continuous rows of trees. One row shall consist of either Carolina poplars or white spruce, and the other row shall consist of white spruce. The distance between the rows shall be a minimum of 16 feet. The trees comprising one of the rows shall be a minimum of 8 feet in height at the time of their planting. The spacing between the individual trees shall be a distance of 6 feet. In those cases where the trees are planted at a distance greater than 300 feet from a road allowance or residential building or struc- ture, the trees shall be at least 4 feet in height. All trees shall be maintained in a healthy condition and any diseased or dead trees shall be replaced immediately. Screening shall not be required along any portion of the perimeter where there is an existing natural tree screen that produces the same buffering effect as that required in this By-law. (5) PARKING AREAS (6) There shall be one parking space for each acre of land used as a salvage yard. Each parking space shall be at least 10 feet wide and 20 feet long. The required parking spaces shall be clearly separate from the salvage area. Existing salvage yards shall be exempt from Sections 5(3) and (¢) hereof for a period of five years from the date this By-law becomes effective provided that the existing fences surrounding such sal- vage yards comply with the Salvage Yard By-law of the former Town- ship of Darlington or the former United Counties of Durham and Northumberland, whichever applied, and are maintained in their present location and in compliance with that By-law. All new fences erected after the date that this By-law becomes effective must comply with the provisions of this By-law. (5) Revised: 18 February 1975 3 October 1975 SECTION 5(6) DEVELOPMENT PROVISIONS Where a present fence is exempted under the above provision, the re- quired screening shall be located in such a manner that it will be in compliance with Section 5(4) hereof at the time the new required fencing is erected in compliance with Section 5(3) hereof. 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 odours which are objectionable to adjacent properties. No grease, oil, rust or other similar waste materials shall be dis- charged into any natural or artificial watercourse. (3) HEIGHT OF SALVAGE PILES No salvage pile shall exceed the height of the fence enclosing the salvage yard, except where such pile is located 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. (6) Revised: 18 February 1975 3 October 1975 SECTION 6(4) (4) USE OF BUILDING OPERATING PROVISIONS 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) The By-law Enforcement Officer and/or the representative of any 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 of not less than Three Hundred Dollars ($300.00) and not more than One Thousand Dollars ($1,000.00) for each such 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. (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 354(1), paragraph 117 of The Mu- nicipal Act, R.S.O. 1970, as amended, or a predecessor, are hereby repealed. (7) Revised: 18 February 1975 3 October 1975 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 ....... vdsy of ............ A.D., 197 . THIS BY-LAW read a third time and finally passed this.............day of.. ................. A.D., 197 . Mayor (SEAL) Clerk (8)