Chapter 10
Automobile Graveyards, Junkyards, and Automobile Recycling Business Standards
10-101 Short Title
These standards shall be known and may be cited as “The Automobile Graveyards, Junkyards, and Automobile Recycling Businesses Standards for the Town of Poland, Maine.”
10-102 Purpose and Applicability
10-102.1 Purpose
The purposes of these standards are to provide adequate controls to ensure that automobile graveyards, junkyards, automobile recycling businesses, and automotive, locomotion devices, and general storage lots do not have a deleterious impact on the public health, safety, and general welfare.
(FPN: Amended 4-27-2002)
10-102.2 Applicability
These standards shall apply to all existing and proposed automobile graveyards, junkyards and automobile recycling businesses within the Town of Poland, Maine as defined in Title 30-A, M.R.S.A. Section 3752. These standards shall also apply to automotive storage lots, locomotion devices storage lots, and general storage lots. Each existing automobile graveyard, junkyard and automobile recycling business shall, by September 1, 2002, submit for review and approval a permit application as required by this Chapter. No person may establish, operate, or maintain an automobile graveyard, junkyard or automobile recycling business without first obtaining a nontransferable Permit from the Municipal Officers.
(FPN: Amended 4-27-2002)
10-103 Administration
These standards shall be administered by the Municipal Officers. No Automobile Graveyard, Junkyard or Automobile Recycling Business Permit, any type of Storage Lot Permit, or Renewal Permit shall be issued unless the provisions of this Code are met.
(FPN: Amended 4-26-2003)
10-103.1 Application Process
Upon receipt of an application and appropriate fees, the Code Enforcement Office shall set a date for the Planning Board to review the application. The Planning Board shall review the application to determine whether or not the application is complete and meets all the requirements of this Code. Upon approval of the Planning Board, they shall inform the Municipal Officers of their findings after which the Municipal Officers shall schedule and hold a Public Hearing in accordance with Title 30-A, M.R.S.A. Section 3754. Within fourteen (14) days of the conclusion of the Public Hearing the Municipal Officers shall approve, approve with conditions, or deny the Permit or Renewal Permit.
(FPN: Amended 4-27-2002)
10-103.2 Renewals
Permits shall be renewed annually to remain valid. Once the Site Plan is approved, it does not have to be resubmitted unless changes are made to the site or its operations. The Code Enforcement Officer and Fire Department shall annually inspect the site of each business to ensure that the provisions of this Code and State law are complied with and shall report the same to the Municipal Officers. An annual report by the operator of the business, indicating changes in contractors and insurance companies and environmental problems, if any, and corrective actions taken shall be submitted to the Municipal Officers prior to their review for the Permit renewal.
10-103.3 Abutter notification
Abutters within five hundred (500) feet of the property on which the business is to be operated are to be notified by certified mail, Return Receipt Requested, by the applicant, at least seven (7) days prior to the Public Hearing. Proof of notification of each abutter will be the returned receipt for the certified mail.
10-103.4 Fees
A. Application Fee
An application fee shall be paid to the Town of Poland for the initial application according to the schedule contained in the Town of Poland Fee Schedule.
B. Permit Fee
Permit Fees will be paid to the Town of Poland, Maine, according to the Fee Schedule contained in the Town of Poland Fee Schedule.
10-103.5 Submission Requirements
In addition to the submission requirements contained in Chapter 5-109, any application for an Automobile Graveyard, Junkyard, any type Storage Lot, or Automobile Recycling Business Permit shall contain the following additional information:
A. A Site Drawing showing the boundary lines of the property and setback requirements.
1. Location of all compound areas for the storage of vehicles and parts. Include size of each area;
2. The location of all buildings and structures used in the business. Include size of each;
3. The location of all adjacent properties and what they are used for within one thousand (1,000) feet of the area where vehicles will be placed, or within five hundred (500) feet of the property line on the lot that the operation is located – whichever is the greater distance.
10-104 Performance Standards
In addition to the performance standards contained in Chapter 5-109.9, the following performance standards are required of all Automobile Graveyards, Junkyards and Automobile Recycling Businesses, and any type of Storage Lot, whether new or existing:
(FPN: Amended 4-26-2003)
10-104.1 Visual Screen
The site must be entirely enclosed by a visual screen at least six (6) feet in height and built in accordance with Department of Transportation rules issued pursuant to Title 30-A, M.R.S.A. Section 3755, and meet the Building Code standards of Chapter 11 for its construction. Any yard that can be looked into from other areas due to hilly terrain shall make the visual screen large enough to block the view from the higher off-site elevations.
(FPN: Amended 4-27-2002)
10-104.2 Storage Near Water
No vehicle, mechanical device, or fixture shall be stored within three-hundred (300) feet of any water body, tributary stream or wetland.
10-104.3 Storage Near Public Areas
No vehicle, mechanical device, or fixture shall be stored within five-hundred (500) feet of any private well, school, church or public playground or public park.
10-104.4 Storage, General
No vehicle, mechanical device, or fixture shall be stored over a sand and gravel aquifer or aquifer recharge area as delineated on the Significant Sand and Gravel Aquifer Maps 98-152, 98-155, 99-21, and 99-24 (published by the Maine Geological Survey, Maine Department of Conservation and as amended by vote of the Board of Appeals) or mapped by a State of Maine certified Geologist with expertise in Hydrology. No vehicles shall be stored within the 100-year floodplain.
10-104.5 Hazardous Material Removal & Disposal
Upon receiving a motor, vehicle, mechanical device, or fixture, the battery, if any, shall be removed and stored such that any acid or other fluids do not contaminate any of the surrounding environment and shall leave the site according to Federal and State laws, rules and regulations. All lubricants, fluids, coolants shall be drained into watertight, covered containers. These materials shall be recycled or disposed of according to all applicable Federal and State laws, rules, and regulations regarding disposal of waste oil and hazardous materials. Any materials considered hazardous or requiring special handling are to be placed in suitable containers until they are recycled or disposed of according to all applicable Federal and State laws, rules, and regulations. Air conditioning units shall be drained of their heat
transfer fluids according to all applicable State and Federal laws, rules, and regulations. No discharge of any of these lubricants, fluids, or materials shall be permitted into or onto the ground or into the air. Written Plans and copies of Contracts to dispose of these items are to be a part of the initial application, and renewal statements for these items or new Contracts and Plans are to be submitted prior to the review for Permit renewal.
10-104.6 Setbacks
No vehicle shall be located closer than one-hundred (100) feet from any lot line.
10-104.7 Noise
To reduce noise, all dismantling of motor vehicles or other loud noise operations shall take place within a building. Noise levels shall not exceed those set in Chapter 5-109.9.S.
10-104.8 Insurance
Proof of insurance for handling hazardous material or regulated materials shall be submitted with the initial application and with each subsequent renewal for the operator and for any contractor removing these materials to disposal sites. Insurance Contracts are to be written such that the Town of Poland is to be notified by the Insurance Companies of any cancellation or termination of the policy. Lack of insurance or the termination of insurance shall require immediate revocation of any Permits issued under the provisions of this Code.
10-104.9 Minimum Lot Size and Percentage of Use
Minimum lot size for the business regulated by this Chapter shall be five (5) acres with two hundred fifty (250) feet of road frontage on a public or private way. Private ways are to meet minimum standards of the Chapter 8, Street Construction Standards, for a gravel way. Any residence, other business, or rights of way on the same lot may not be included in the business area. Minimum lot frontage and lot area for residences and other businesses shall be maintained exclusive of this business. All structures, compound areas, driveways, parking areas, and other impervious surfaces shall not exceed that required for the District as contained in Chapter 5-107.2.
10-104.10 Tire Storage
No site may store more than fifty (50) tires total, indoors and outdoors, that are not mounted on a vehicle. No vehicle may have more than the standard number of tires designed to be mounted on it. Any tire that is flat or will not maintain pressure, whether mounted on a vehicle or not, shall be counted as one (1) of the tires in storage. No vehicle may include a spare tire. (Exception: A vehicle that is registered and has a valid state inspection sticker; or is roadworthy, and is for sale may have one spare tire.)
10-105 Inspections
All businesses regulated by this Chapter are subject to inspection without notice during normal business hours and shall be inspected at least once per year by the Code Enforcement Officer and/or the Fire Department. Inspections may also be conducted by authorized Federal or State agencies.
(End of Chapter 10)
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