The Town Board of the Town of Babylon hereby has determined that:

The purpose of this article is to establish geographic requirements, restrictions, performance standards and regulatory controls to mitigate to the greatest extent possible known impacts associated with the operation of motor vehicle dismantling facilities within the Town of Babylon.

A motor vehicle dismantling facility shall only be sited, operated and located:

A motor vehicle dismantling facility meeting the requirements of § 213-437A(1) shall only be permitted to operate in the Town of Babylon with the following local approvals:

Motor vehicle dismantlers meeting the requirements of § 213-437A(2) shall be classified as nonconforming and shall only be permitted to operate in the Town of Babylon with the following local approvals:

The applicant shall provide proof to the Board of Appeals that the landowner has consented to the operation of a motor vehicle dismantler.

The applicant, prior to applying for a special exception permit under this article, shall have applied for all required federal, state and county permits. The applicant shall have been issued or has displayed progress obtaining all permits required by the federal, state and county governments for the operation of a motor vehicle dismantler at the site prior to the issuance of a permit pursuant to this article.

The applicant shall have obtained site plan approval by the Town of Babylon Planning Board.

The requirements of Article XIV, XV, XVI and XVII of this chapter shall be complied with as applicable except as otherwise provided herein. Notwithstanding the foregoing, the Board of Appeals shall have the authority to grant such area variances as it shall deem appropriate, pursuant to Town Law § 274-b, Subdivision 3.

Such use is reasonable, necessary and will be in harmony with and promote the general interests and welfare of the surrounding community.

The neighborhood character and surrounding property values are reasonably safeguarded.

The proposed use will not prevent the orderly and reasonable use of adjacent property.

The site is suitable for such use in the community.

Access to the facility is adequate for the estimated traffic from public streets so as to ensure the public safety and to avoid traffic congestion.

There is adequate off-street parking and truck loading spaces at least in the number required by the applicable provisions of this article, but in any case, adequate for the actual anticipated number of occupants of the proposed use, whether employees, patrons or visitors, and, further, that the layout of the spaces and related facilities can be made convenient and conducive to safe operation.

The proposed use will not pose risks to the public health or safety.

The proposed use shall be a minimum distance of 500 feet from a church or other religious institution, school, theater, senior citizens community, recreational area or other place of public assembly.

Adequate buffer yards and screening can be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use.

Provisions for the collection and disposal of stormwater runoff must satisfy the requirements of Chapter 189 of the Town Code. A copy of the SWPPP prepared for the facility's Multi-Sector General Permit, Sector M, Automobile Salvage Yards, shall be submitted to Babylon. The SWPPP will provide a plan detailing how the facility will address stormwater associated with the operation of the facility.

Storage of hazardous materials, which include but are not limited to petroleum products, motor oil and antifreeze, shall be in accordance with Suffolk County Sanitary Code Article 12, Toxic and Hazardous Materials Storage and Handling Controls.

Pursuant to Title VI, § 608, of the Clean Air Act of 1990, motor vehicle dismantlers shall comply with the refrigerant recycling requirements and regulations of 40 CFR Part 82, Subpart F, established pursuant to this legislation, requiring service practices that maximize recovery and recycling of ozone-depleting substances [both chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs) and their blends] during the servicing and disposal of air-conditioning and refrigeration equipment.

The location of the proposed motor vehicle dismantling facility shall not affect any freshwater or tidal wetland as designated pursuant to Article 24 or 25 of the New York State Environmental Conservation Law or a critical environmental area (CEA).

The lot area is sufficient, appropriate and adequate for the use, as well as reasonably anticipated operation expansion thereof.

The proposed use can and will comply with all provisions of this chapter and of the Code which are applicable to it and can meet every other applicable federal, state, county and local law, ordinance, rule or regulation.

The use of a shredder as defined in § 213-277 is prohibited.

The proposed use will not result in unacceptable levels of noise, vibration, smoke, dust, odor, fumes or noxious gases or negatively impact upon air quality.

The applicant must provide noise specifications to the Department of Environmental Control for any fixed machinery to be utilized on the site. In the event that a substantial increase in existing noise levels may occur as a result of the proposal, a noise study may be requested by the Department of Environmental Control. The application will not be considered complete until such report is provided.

Attached to the Environmental Assessment Form, the applicant shall provide a characterization of all material to be accepted, handled, stored or processed at the proposed facility.

Fence and gates are required. The entire perimeter of the premises operated as a motor vehicle dismantling facility shall be surrounded by a solid fence constructed of wood, aluminum, metal clad, chain-link with slats or such other material as may be approved by the Commissioner, and same shall be opaque, except that gates of not more than 24 feet in width, constructed of cyclone fencing, may be installed in the fence.

Maintenance. The fence shall be kept in good order and repair and shall be painted or renovated at least once every three years in a solid color, either white, battleship gray, dark green or such other color as may be approved by the Commissioner.

Setbacks. Said fence shall be set back from all street lines at least 15 feet, except that if a lot in question has a depth of less than 100 feet, then the setback from the street may be five feet. The area between the fence and street line shall be suitably landscaped with underground sprinklers.

Height. The fence shall be 10 feet in height.

Maintenance of motor vehicle dismantling facility exterior. The exterior of a premises operated as a motor vehicle dismantling facility as provided herein shall be kept in a neat and orderly condition, free of debris and any other solid waste or refuse material.

Height of scrap and junk piles. In no event shall scrap and junk be so piled as to exceed the height of 15 feet. Piles shall be maintained to the height of the fence required under § 213-439 within 20 feet from said fence.

Sidewalk and curbing. The owner of a motor vehicle dismantling facility, at his own cost and expense, shall erect, construct and maintain a sidewalk and curb along the entire property line of the premises as may abut upon a street.

Deposits outside fenced area. No junk vehicles, dismantled vehicles, parts of vehicles, junk material or ashes and debris shall be piled, stored or otherwise left by the owner or operator of the establishment outside the opaque fenced area as required herein, and any such junk or dismantled material that should be left by others outside the establishment shall be promptly removed by the owner and/or operator of the establishment.

The operator will provide the Town of Babylon a copy of the SWPPP prepared pursuant to its Multi-Sector General Permit, Sector M, Automobile Salvage Yards. This document describes measures the facility will undertake to prevent or minimize contamination of stormwater, groundwater and soils from activities associated with vehicle dismantling and the storage of parts associated with the facility.

The permittee shall at all times be in compliance with all federal, state, county and Town laws, ordinances, rules and regulations specifically regarding the storage, processing and disposal of solid waste.

The term of the special exception permit issued by the Zoning Board of Appeals should be a minimum of five years unless conditions present with the applicant's operation cause the Board to limit the term of the permit.

The Zoning Board of Appeals may limit hours of operation upon a finding that such a limit is necessary to the standards set forth in this article.

The Zoning Board of Appeals may require that the applicant post a bond with sufficient surety upon a finding that such a bond is necessary to protect the value of the property, character of the neighborhood and public health and safety.

Each person or permittee granted permission to operate a motor vehicle dismantling facility pursuant to this chapter shall keep an electronic record of each article of junk, metal or secondhand materials purchased or collected, showing the time and place of collection or purchase and the name and address of the person from whom the same was collected or purchased.

Each person or permittee granted permission to operate as a motor vehicle dismantler pursuant to this chapter shall permit the place of business, record books and vehicles or conveyances to be examined or inspected at any reasonable time by the police or by any representative of the Town of Babylon Town Board.

The Zoning Board of Appeals may impose such other reasonable conditions and restrictions as it shall deem appropriate.

The applicant shall pay the application fee, which will be set by Town Board resolution from time to time.

The applicant shall pay a licensing fee pursuant to § 133-14L(2).

If the Commissioner of the Department of Environmental Control determines that a noise study is necessary as a condition of granting a special exception permit pursuant to this article, the applicant shall pay to the Commissioner of the Department of Environmental Control a noise study fee as shall be established by the Town Board from time to time.

Any person currently engaging in or conducting a motor vehicle dismantling business, as such term is defined in § 213-435, and possessing a license to operate as a motor vehicle dismantler as of the effective date of this article shall be deemed to be operating a nonconforming motor vehicle dismantling facility, or a facility that has appeared before the Town of Babylon Nonconforming Use Board pursuant to § 213-437A(1) and was found to operate a nonconforming motor vehicle dismantling facility may continue to renew said motor vehicle dismantler's license as provided in § 133-14 of this Code, provided that such premises is in compliance with the following:

Should the use of any parcel as a nonconforming motor vehicle dismantling facility cease or be discontinued for six months or more or be abandoned for 30 days or more, or should the licensee fail to renew his Class 13 license within six months after the expiration date of the license, such use as a nonconforming motor vehicle dismantling facility shall be deemed to have expired and may not be reinstated. Nothing herein shall be deemed or construed to allow the operation of a nonconforming motor vehicle dismantling facility without a motor vehicle dismantler's license having been issued to the operator of such facility pursuant to § 133-14L.

Any person, owner, lessee, occupant, or entity in charge who allows, permits or suffers the existence of a motor vehicle dismantling facility, as defined in § 213-435, without a license within the Town of Babylon shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $5,000 and not more than $10,000 or imprisonment for a period not to exceed one year, or both.

At the sole discretion of the Town Attorney, an offense based on a violation of this chapter may be reduced to an "attempted offense" as established by the New York State Penal Law § 110.00. Penalties for the reduced charge of attempt shall be:

Any person found by the Bureau of Administrative Adjudication to have violated this article shall be subject to a monetary penalty of not less than $2,500 nor more than $10,000.