JUNKYARD & SALVAGE ORDINANCE.of - Duplin County

THE JUNKYARDANDSALVAGE YARD ORDINANCEOFDUPLIN COUNTY, NORTH CAROLINAPREPARED BY:THE DUPLIN COUNTY PLANNING BOARDANDTHE DUPLIN COUNTY PLANNING DEPARTMENTEFFECTIVE JULY 1, 1989

ENACTMENTPREAMBLEThis is an ordinance establishing regulations forjunkyards and salvage yards within the jurisdictionof Duplin County, North Carolina and providing foradministration, enforcement and amendmentthereof.WHEREAS, in the opinion of the Duplin County Boardof commissioners to further promote the health,safety, and general welfare of the residents ofDuplin County, it is necessary and advisable toadopt regulations pertaining to the location,establishment, and operation of junkyards andsalvage yards within the jurisdiction of DuplinCounty, andWHEREAS, the Duplin County Planning Board hasdeveloped this ordinance with due considerationand has submitted final recommendations to theDuplin County Commissioners, andWHEREAS, the Duplin County Commissioners havegiven due notice of public hearing and haveconducted such public hearing, andWHEREAS, all applicable requirements of theGeneral Statutes of North Carolina have been met.NOW, THEREFORE BE IT ORDAINED BY THE COUNTYCOMMISSIONERS OF THE COUNTY OF DUPLIN AS FOLLOWS:SECTION 10SECTION 20SECTION 30ARTICLE I AUTHORITYThe provisions of this ordinance are adopted underauthority granted by North Carolina GeneralStatute 153A-121.ARTICLE II JURISDICTIONThese regulations shall govern each and everyjunkyard and salvage yard outside the jurisdictionof any municipality in Duplin County.ARTICLE III TITLEThis ordinance shall be known as The Junkyard andSalvage Yard Ordinance, Duplin County, NorthCarolina and may be referred to as the Junkyardordinance.1

(3) Enforcement OfficerThis ordinance shall be enforced by theDuplin County Planning Department.(4) JunkOld, scrapped, ruined, or discarded copper,brass, iron, rags, rope, appliances, wood,batteries, automobiles, trash, machinery,structures or similar materials or partsthereof, which is not used for its originalpurpose.(5) JunkyardAny establishment place of business orproperty which is maintained, used oroperated for storing, keeping, buying orselling "junk". Provided, however, that thisordinance shall not apply to county operatedbulk refuse container sites or to countyoperated landfills or refuse disposalfacilities.(6) Potable Water Supply WellA well used for or intended for supplyingwater for human consumption.(7) Protective FenceA structure of wood, stone, brick, block,steel or other metal extending from thesurface of the ground to a minimum height of6 feet and of such materials and constructionwhich creates a physical barrier.(8) Public ParkAny publicly owned land which is designatedor used as a public park, recreation area,wildlife or waterfowl refuge or historicsite.(9) Public RoadA road or right-of-way designated forvehicular travel by the public.(10) SchoolInstitutions of education including publicand private schools, day care centers,colleges and universities.(11) Screen FenceA structure of wood, stone, brick, block,steel or other metal extending from thesurface of the ground to a minimum height of6 feet and of such materials and constructionwhich creates a permanent solid, continuous,opaque visual barrier.(12) Sketch PlanA drawing showing general area conditions andcontaining information as required by section60(l) of the ordinance.3

(13) Traveled WayThe portion of a public road intended formovement of vehicle.(14) Vegetative ScreenA strip of living plant material planted withARTICLE V PROVISIONSSECTION 50SECTION 51SECTION 52ApplicabilityAfter the effective date of this ordinance itshall be unlawful for any person to establish,operate, maintain, or expand a junkyard or salvageyard in a manner which is inconsistent with theprovisions and requirements of this ordinance.LocationNo new junkyard or salvage yard shall be located:(1) Within 50 feet of the right-of-way line ofany public road.(2) Within 500 feet of any residence owned bypersons other than those owning the junkyardor salvage yard.(3) Within 500 feet of any school, church, publicpark, public library, nursing home, resthome, airport, cemetery or other place ofpublic assembly.(4) Within 100 feet of any potable water supplywell.(5) Within an "area of special flood hazard".FencingProtective perimeter fencing shall be providedaround all junkyards and salvage yards asdescribed below.(1) A fence of wood, stone, brick, block, steelor other metal extending from the surface ofthe ground to a minimum height of six feetand of sufficient materials and constructionto reasonably secure the premises fromunauthorized persons shall be constructedalong the entire perimeter of every junkyardor salvage yard.(2) Gates for ingress and egress shall be ofsufficient materials and construction toprovide the minimum degree of securityrequired for fencing.4

(3) Up to two gates, not to exceed 20 feet inwidth each, are allowed for any junkyard orautomobile salvage yard fence. More than twogates will be allowed at the rate of one gateper 1000 linear feet of perimeter fencing.SECTION 53SECTION 53.1SECTION 53.2ScreeningThe intent of this Section is to require junkyardsand salvage yards to be screened from view frompublic roads and adjacent properties. Screeningshall be provided as specified below.Types of Screening(1) Screen Fence - The screening requirement maybe satisfied by fencing specified in Section52(1) above, which is ALSO of such design andconstruction as to provide a permanent, solid,continuous, opaque screen extending a minimumof 6 feet in height above the surface of theground.(2) Vegetative Screen - A strip of living plantmaterial planted with one or several speciesof trees and or shrubs at such spacing whichwill provide a permanent, solid, continuous,opaque screen extending a minimum of 6 feetin height above the surface of the ground.(3) Other Screens - Combinations of fencing andvegetative screens or other methods ofscreening determined by the Planning Board tosatisfy the intent of this ordinance my beacceptable.Screening RequiredScreening to the specifications required in Section53.1 shall be required along the perimeter of everyjunkyard and salvage yard in the following situations:(1) Any portion of any junkyard or salvage yard whichis BOTH within 500 feet of the right-of-way lineof any public road AND is visible from thetraveled way of any public road shall be screenedfrom view consistent with Section 53 of thisordinance.(2) Any portion of any junkyard or salvage yard whichis BOTH within 500 feet AND is visible from anyresidence (other than that of the junkyard orsalvage yard owner) school, church, public park,public library, nursing home, rest home, airport,cemetery or other place of public assembly shallbe screened from view consistent with Section 53of this ordinance.5

SECTION 53SECTION 55General RequirementsWith regard to Section 52 and Section 53 above, thefollowing additional requirements shall apply:(1) No particular species of plant materials arespecified; however, performance of plant materialsand methods used shall be in accordance with therequirements and intent of this ordinance.(See Appendix for chart of recommended plantmaterials and spacings.)(2) Plant materials shall average a minimum of 12"in height at the time of planting.(3) Persons operating junkyards and salvage yardsshall utilize good husbandry techniques withregard to plant materials including but notlimited to proper planting, mulching,fertilization, pruning and otherwise propermaintenance to ensure a healthy, uniform,continuous solid vegetative screen as soonafter planting as possible.(4) Diseased, dead and damaged plant materialsshall be replaced at the earliest appropriateplanting time.(5) Protective fencing shall be maintained in asafe sound condition.(6) If a vegetative screen in conjunction withthe required protective fencing is utilized,plant material shall be planted a sufficientdistance from a fence to allow propermaintenance of both the plant materials andfence.(7) If a solid opaque fence is used to satisfy thefencing requirement (Section 52) AND the screeningrequirement (Section 53), it shall be of a uniformcolor scheme and geometric design. However, thePlanning Board may, at its discretion, approveother designs as provided in Section 53.1(3).(8) Where practical, gates for access shall belocated to minimize visual exposure to adjacentproperties and public roads.(9) Because vegetative screening cannot be establishedin access driveways and gateways, when avegetative screen is used to satisfy thescreening requirement (Section 53.2), gates shallmeet the requirements for screen fencing.OperationIt is the intent of this section to require alljunkyards and salvage yards to be maintained so asto minimize harmful impacts on public health andthe environment.6

(1) Gasoline, oil, grease, acid and other chemicalsshall be appropriately stored or disposed of toprevent leaching into streams or the soil.(2) Materials shall be stored to minimizeentrapment and holding of water which could beconductive to insect breeding.(3) Facilities shall be maintained in a safe, sanitarycondition.(4) Facilities shall be maintained to minimizeharborage and breeding of insects and vermin.SECTION 56Non-conformitiesIt is the intent of this section to require alljunkyards and salvage yards existing as of theeffective date of this ordinance to be subject tothe requirements of Section 52, 53, 54 and 55 only.Pre-existing junkyards and salvage yards that do notcomply with the provisions of this ordinance shallbe considered "nonconforming". Nonconforming facilitiesshall be brought into compliance with Sections 52,53, 54, and 55 of this ordinance within 24 monthsof the effective date of this ordinance. Owners ofnonconforming facilities shall be notified by thePlanning Department of the requirements of thisordinance and of the actions necessary to bringtheir facility into compliance.ARTICLE VI ADMINISTRATIONSECTION 60Planning Board ApprovalPrior to establishment of a new junkyard or salvageyard or expansion of an existing junkyard or salvageyard, the owner/operator shall submit 3 copiesof a sketch plan for approval by the Planning Board.The sketch plan shall be submitted to the PlanningDepartment at least 14 days prior to the PlanningBoard meeting at which the plan is to be considered.(1) Sketch Plan Contents - The required sketch planshall show or be accompanied by the following:(1) Title of Plan(2) Name, address, and telephone number ofowner/operator(3) Approximate boundary of property(4) Boundary of proposed junkyard/salvage yard(5) Location of protective and screen fences.(6) Location of vegetative screen(7) Specifications of type of fence and typeand spacing of plant material to be used7

(8) Approximate locations of adjacent homes,schools, churches, cemeteries, or otherplaces of public assembly, wells, roads,or other public right-of-way, and woodedareas within 1000 ft.(9) North arrow(10) Date of plan(11) Scale of plan(12) Vicinity map(13) Proposed location of gates and driveways(14) Adjacent property owners and use of adjacentproperty(15) Any other such reasonable information as maybe required by the Planning BoardNOTE:SECTION 60.1SECTION 60.2SECTION 60.3See Appendix for an example of a junkyard sketch plan.Construction Permit RequiredConstruction or expansion of a junkyard or salvageyard shall not begin until authorized by theenforcement officer of this ordinance. Uponapproval of the sketch plan, the enforcement officershall issue a construction permit authorizingconstruction of the junkyard/salvage yard as approved.If construction has not been completed with 12 months,Planning Board approval shall become null and void.The Planning Board at its discretion may grant a 12month extension to the construction permit.Duties of Planning DepartmentUpon receipt of a sketch plan containing sufficientinformation, the Planning Department shall submitthe plan to the Planning Board for consideration attheir next meeting. The Planning Department shallreview the proposed plan and advise the owner ofany deficiencies. The Planning Department shall makerecommendation to the Planning Board regarding theplans compliance with the ordinance.Duties of the Planning BoardThe Planning Board shall have 45 days from its initialconsideration of the plan in which to approve, approveconditionally, or disapprove the plan.(1) Approved Plans - If the plan is approved by thePlanning Board, one copy of the plan so markedwill be retained by the Planning Board, one copywill be returned to the owner with a letter ofapproval and one copy will be sent to theenforcement officer.8

(2) Approved Conditionally - If the plan is approvedconditionally by the Planning Board, one copy ofthe plan, so marked, will be retained by thePlanning Board, one copy will be forwarded tothe enforcement officer and one copy will bereturned to the owner with a letter stating thereasons for conditional approval and the conditionsto be addressed for final approval of the plan.Any conditions imposed on the plan must be agreedto by the applicant and shall be addressed priorto issuance of a construction permit.(3) Disapproval Plans - If the plan is disapproved bythe Planning Board, one copy of the plan, somarked, will be retained by the Planning Board,one copy will be forwarded to the enforcementofficer and one copy will be returned to the ownerwith a letter stating the reasons for disapprovaland outlining resubmittal and appeal options.SECTION 60.4Duties of Enforcement OfficerThe enforcement officer of this ordinance upon PlanningBoard approval and upon application by the owner, shallbe authorized to issue a construction permit. Theenforcement officer may periodically observe theconstruction of determined compliance with approvalplans. The enforcement officer shall upon completion ofthe facility to determine continued compliance withthis ordinance.ARTICLE VII LEGAL PROVISIONSSECTION 70SECTION 71Minimum RequirementsThe provisions of this ordinance shall be held to beminimum requirements adopted for the promotion of thepublic health, safety, and general welfare. Whereverthe requirements of this ordinance differ with therequirements of any other adopted county, state orfederal regulation, the most restrictive or thatimposing the higher standard shall govern.EnforcementThis ordinance may be enforced by any one or more ofthe remedies authorized by G.S. 153A-123, includingbut not limited to the following:(1) A violation of this ordinance shall constitute amisdemeanor, punishable by a maximum fine of$50.00 or imprisonment for not more than 30 days.(2) Violation of this ordinance subjects the offenderto a civil penalty of fifty ($50.00) dollars.9

(3) This ordinance may be enforced by an appropriateequitable remedy issuing from a court of competentjurisdiction.(4) This ordinance may be enforced by injunction, orderof abatement or both as provided in G.S. 153A-123(e).(5) Each day's continuing violation of this ordinanceis a separate and distinct offense.SECTION 72SECTION 73SECTION 74SECTION 74.1ComplaintsWhenever a violation of this ordinance occurs, or isalleged to have occurred, any person may file awritten complaint with the enforcement officer, statingthe cause and basis for the complaint. The enforcementofficer shall record the complaint, investigate andtake such action as may be necessary to enforce thisordinance.SeparabilityShould any section or provision of this ordinance bedeclared by the courts to be invalid for any reason,such declaration shall not affect the ordinance as awhole, or any part thereof other than the part sodeclared to be invalid.AmendmentPetitions for amendment may be filed with the PlanningDepartment by any citizen of the County, any CountyDepartment or agency, the County Planning Board orBoard of Commissioners.Commissioners ReviewThe provisions and requirements of this ordinance maybe amended by the County Commissioners according tothe procedure set fourth.(1) Planning Board Review - No amendment shall becomeeffective unless it shall have been proposed by orshall have been reviewed by the Planning Board. ThePlanning Board shall have 45 days in which to reviewthe proposed amendment and to make recommendation tothe Commissioners. If the Planning Board fails toreport to the Commissioners within 45 days it shallbe deemed to have approved the proposed amendment.(2) Public Hearing - No amendment shall become effectiveuntil after duly advertising and holding a publichearing. Notice of public hearing shall be publishedonce a week for two consecutive weeks in a newspaperof general circulation in the County. After suchpublic hearing, the Commissioners may take such takesuch lawful actions as it may deem advisable.10

SECTION 75SECTION 76SECTION 77Variance and ExceptionThe Planning Board may issue variances and exceptionsfrom the requirements of this ordinance such thatwould not be contrary to the public interest, or thespirit and intent of this ordinance, and where dueto special conditions, a literal enforcement of theprovisions of this ordinance would result in anunnecessary hardship. In granting a variance orexception to this ordinance the Planning Board mustdetermine the following:(1) Special conditions and circumstances exist whichare peculiar to the land or buildings involved andwhich are not applicable to other lands or buildings.(2) The literal interpretation of the provisions ofthis ordinance would deprive the applicant ofrights commonly enjoyed by other properties.(3) Special conditions and circumstances do not resultfrom the actions of the applicant; and(4) Granting the variance requested will not conferon the applicant any special privilege that isdenied by this ordinance to other lands or buildings.AppealThe County Commissioners shall hear and decide appealsand review any orders, requirements, decisions, ordeterminations made by the Planning Board or anyCounty department responsible for administration orenforcement of this ordinance. The Commissioner'sdecision is subject to review by the Superior Courtof Duplin County.Effective DateThis ordinance shall become effective and be in fullforce from and after the 1st day of July, 1989.Adopted by the Duplin County Board of CountyCommissioners this the 15th day of May, 1989.ATTEST: Ralph CottleClerk to the BoardWillis SholarChairman, Duplin CountyBoard of Commissioners11

ARTICLE VIII APPENDIXSECTION 80CHART OF RECOMMENDED PLANT MATERIAL(1) TreesNAME HEIGHT(H) SPACING GROWTHSPREAD(S)RATE*American Holly (H) 15-30' 6' Fast(S) 10-20'Carolina Cherry (H) 20-25' 10' Moderate(S) 15-20'DaHoon Holly (H) 15-20' 6' Fast(S) 10-15'Eastern Red Cedar (H) 30' 6' Moderate(S) 15'Japanese Evergreen (H) 20-40' 8' Moderate(S) 8-16'Yaupon Holly (H) 20' 6' Moderate(S) 6-12'(2) ShrubsChinese Holly (H) 10' 10' Moderate(S) 6-8'Chinese Photinia (H) 12' 8' Fast(S) 5-10'Cleyera (H) 10' 10' Moderate(S) 5-6'Fortune's Osmanthus (H) 15' 10' Moderate(S) 5-7'Glossy Privet (H) 8-10' 12' Fast(S) 5-10'Japanese Holly (H) 6-17' 10' Slow(S) 3-5'Japanese Privet (H) 4-20' 10' Fast(S) 5-6'

(2) Shrubs ContinuedNAME HEIGHT(H) SPACING GROWTHSPREAD(S)RATE*Luster Leaf Holly (H) 8-12' 10' Moderate(S) 7-11'Pittosporum (H) 10-30' 10' Moderate(S) 5-8'Southern Wax Myrtle (H) 20' 8' Fast(S) 6-12'Spice Plant (H) 8-12' 10' Moderate(S) 8-10'Thorny Elaeagnus (H) 8-11' 10' Moderate(S) 6-10'*GROWTH RATE APPROXIMATIONS IN HEIGHT:Slow....... 6" per yearModerate... 8" per yearFast...... 12" per year