Current through Register Vol. XLI, No. 50, December 13, 2024
Section 157-6-8 - Salvage Yards8.1. Application for License. No person may establish, operate or maintain a salvage yard without first obtaining a license from the Commissioner. Application for a salvage yard license must be made in writing on the form prescribed by the Commissioner and must be signed by the applicant or his authorized agent. A license fee in the amount of Two Hundred Dollars ($200), payable by certified or cashier's check or money order, must accompany the application. The license will expire on the first day of January following the date of issuance. The license may be renewed from year to year upon submitting the prescribed form and the $200.00. 8.1.a. Each application must include, but is not limited to the following: name, address, and business capacity of the applicant, i.e., whether the business is conducted by an individual, partnership, corporation, society or association; the date the business was established; the date of the last salvage yard license (if any issued) and the number thereof, and the location of the salvage yard, including the number of the nearest State highway in accordance with W. Va. Code § 17-23-3.8.1.b. Prior to establishing a salvage yard, the owner or operator must first obtain a permit from the County Planning Commission. If the County does not have a planning commission, then the owner/operator must obtain a permit from any agency so designated by the County Commission in which the salvage yard is to be located.8.1.c. In accordance with the provisions of W. Va. Code § 17-23-3, the owner or operator of a salvage yard may have no more than one hundred waste tires which are not mounted on wheels on vehicles or machines unless the salvage yard has received a license, permit or approval from the Department of Environmental Protection.8.2. Areas in Which No Salvage Yard Permitted. 8.2.a. A license will not be issued to establish, operate or maintain a salvage yard, or any part thereof, within 1000 feet of the nearest edge of the right of way of any road within the state road system, designated and classified as either expressway, trunkline, or feeder. A license will not be issued to establish, operate or maintain a salvage yard, or any part thereof, within 500 feet of the nearest edge of the right of way of any state local service road, unless the view thereof from said road shall be effectively screened and obscured by a fence or fences.8.2.b. A license will not be issued to establish, operate or maintain a salvage yard, or any part thereof within one thousand feet of the nearest occupied private residence or within five thousand feet of the nearest occupied private residence which is part of a residential community, unless waived by the owner of the residence. A copy of the waiver must accompany the salvage yard application.8.3. Existing Salvage Yards. Any license, issued prior to July 1, 1967, of any salvage yard that is located within 1000 feet of the nearest edge of the right of way of a road designated as either expressway, trunkline or feeder, or is located within 300 feet of the nearest edge of a state local service road, may be renewed only if the view of the salvage yard, and all parts thereof, is effectively screened from view of the traveling public.8.3.a. Any salvage yard which on July 1, 1967 was duly licensed may continue to be operated and maintained without screening by fences so long as the yard is not located within 1000 feet of any road designated as either expressway, trunkline or feeder, or is not located within 300 feet of the nearest edge of the right of way of any state local service road.8.3.b. Any salvage yard which was licensed prior to June 12, 1988 may continue to be operated and maintained in accordance with the statutes, and rules in effect at the time the yard was initially licensed.8.3.c. The licensing of salvage yards situated within municipalities shall be in accordance with the terms and provisions of W. Va. Code § 17-23-7.8.4. Fences. Fences shall be kept in good order and repair. No advertisement is permitted on the fences other than the name of the licensee and the nature of the business conducted on the premises. The fence shall be of sufficient height as to effectively screen the salvage yard and salvage contained therein, and shall be constructed of wood, metal or other material as may be approved by the Commissioner. Fences shall be maintained in a manner satisfactory to the Commissioner. 8.4.a. Fences must be located where they will not be hazardous to the traveling public.8.4.b. The construction of fences shall be uniform; no patchwork type of construction is permitted.8.4.c. Fences shall be painted where the composition is such that painting is required. The paint used shall be a color that blends into the surrounding neighborhood.8.4.d. Where a fence consisting of plantings or other natural materials is constructed, the operator must secure the consent and permission of the Commissioner as to the location and type of plant or natural material which may be used, in order to effectively screen the view of the salvage yard from the traveling public.8.4.e. Gates shall be of the same height as the component fence and shall be opened only for the purpose of permitting ingress and egress to and from the enclosure.8.4.f. The Commissioner has the right to determine whether a salvage yard is effectively screened by the fencing employed.8.5. Payment of Costs of Fencing. The cost of the erection of fences is the responsibility of the salvage yard operator. However, if the Commissioner believes that effective screening cannot be accomplished by the usual and ordinary methods, the Commissioner may determine and pay any additional costs necessary to provide effective screening.8.6. Removal, Purchase or Condemnation of Salvage Yard. Whenever a salvage yard is so situated that in the opinion of the Commissioner it cannot be effectively screened by fencing, the Commissioner may: 8.6.a. Pay the cost to move all salvage and equipment from the salvage yard to another location where a salvage yard business may lawfully be conducted as long as the owner or operator provides his or her consent.8.6.b. Purchase at private sale, or acquire by eminent domain, in accordance with the provisions of W. Va. Code § 17-4-5, all property rights and interests, other than title to real property, as are necessary and required to effect a lawful termination of the salvage yard business.8.7. Distance Measurements. 8.7.a. All measurements determinative of the location of salvage yards in relation to State highways shall be made in a line drawn perpendicular from the nearest edge of the right of way.8.7.b. All applications submitted for a new salvage yard license must be accompanied by a certified survey showing that the distance to the nearest occupied residence is greater than 1,000 ft., or a written waiver must be obtained from all residents within the 1,000 ft. distance.8.7.c. The certified survey must also show the distance to the nearest residential community. No salvage yard is permitted within 5,000 ft. of a residential community. All measurements shall be made in a straight line from the outer most boundary of the salvage yard to the occupied private residence or the nearest residence in a residential community.8.8. Yard Maintenance. Salvage in yards not required by law to be fenced, and all salvage exposed to view from the public highway, shall be neatly aligned, and all wrecked or used automobiles shall have doors, hoods and trunk lids closed.