Ariz. Admin. Code § 17-3-703

Current through Register Vol. 30, No. 45, November 8, 2024

Section R17-3-703 - Arizona Junkyard Control

A. Purpose. The purpose of this Section is to describe the Arizona Department of Transportation's responsibility to effectively control junkyards within 1000 feet of the right-of-way on interstate highways under A.R.S. §§ 28-7941 through 28-7946.

B. Definitions. For purposes of this Section:

1."Department" means the Arizona Department of Transportation.

2."Director" means the Director, Arizona Department of Transportation or the Director's designated representative.

3."Screening" means the use of vegetative planting, fencing, masonry wall or other constructed structure, earthen embankment, or a combination of any of these that effectively hides from view a deposit of junk from the main-traveled way.

4"Screening license" means a license issued by the Director as required by A.R.S. § 28-7943 and as described in this Section.

5."Unzoned industrial area" means the same as in A.R.S. § 28-7901(11).

C. Screening license application procedure.

1. Screening license required. The Department requires a screening license for a junkyard that:

a. Was established or expanded after July 1, 1974;

b. Is located within 1000 feet of the nearest edge of the right-of-way of the interstate highway system;

c. Is within view of the main-traveled way of the interstate highway system; and

d. Is not located in a zoned or unzoned industrial area.

2. Screening license form. An applicant shall use the Department"junkyard permit application" form to apply for a screening license, and provide the following information:

a. Name, address, and telephone number of the owner;

b. Legal description of the land where the junkyard to be screened is located;

c. Name and address of the junkyard business;

d. Location of the junkyard, including:

i. The highway route number,

ii. Distance, in feet, to nearest highway milepost,

iii. Distance, in feet, from the highway right-of-way to the junkyard boundaries.

e. Zoning classification of the land where the junkyard is located; and,

f. Type, size, and date of establishment of the junkyard.

3. Application mailed to Permits Manager. An applicant shall mail the completed junkyard permit application, required documentation and the $25.00 fee, in the form of a check or money order payable to the Arizona Department of Transportation, to:

Arizona Department of Transportation

Intermodal Transportation Division

206 South 17th Avenue, MD 004R

Phoenix, AZ 85007

Attention: Maintenance Permits Manager, Maintenance Section

4. Required documentation. Along with the junkyard permit application, an applicant shall submit the following documentation:

a. A location diagram or plat of the junkyard area that indicates:

i. The highway route number;

ii. Distance, in feet, to nearest highway milepost;

iii. Physical features such as buildings, bridges, culverts, utility poles, and other stationary improvements or site features that adequately describe the location; and

iv. Distance, in feet, from the highway right-of-way to the junkyard boundaries.

b. A drawing or plan, drawn to scale, of the junkyard screening design to be used, that includes:

i. Plan view;

ii. Elevation;

iii. Construction details of fencing, berms, and plantings used alone or in combination;

iv. If applicable, plant pit size, backfill material to be used, planting and staking details, botanical names of plant materials, plant size at the time of planting, and the spacing between plants; and

v. Any details necessary to show design and construction materials to be used.

5. Extensions. A request for an extension shall be in writing. The Department shall grant a 60 day extension in the following circumstances:

a. If an applicant requests an extension for completion of screening within 90 days after the Department approves a screening license; and

b. If the Department gives a junkyard owner a violation notice and the junkyard owner requests an extension to submit the screening application within 60 days of receiving the violation notice.

6. License issuance or denial.

a. The Department shall grant an application for a screening license only if the application complies with all requirements of A.R.S. §§ 28-7941 through 28-7946 and this Section.

i. A junkyard owner has 180 days from the date of approval to screen the junkyard.

ii. The Department shall field check each approved license to ensure compliance with the screening requirements of A.R.S. §§ 28-7941 through 28-7946, and this Section.

b. If the Department denies an application because the screening plan does not comply with A.R.S. §§ 28-7942 through 28-7946 or this Section, an applicant may, within 10 days of the denial, request permission in writing to submit an amended application and amended screening plan without paying an additional fee.

c. A junkyard owner who fails to complete the junkyard screening within 180 days from approval of the screening license, or other prescribed period, may be found guilty under subsection (D)(9).

7. Invalidation of screening license. An existing screening license shall become invalid at a previously approved location when the junkyard is enlarged or substantially changed in use so that the screening no longer adequately screens the junk. An owner shall apply for a new and separate screening license.

8. Transfer of screening license. To transfer a screening license upon sale of a junkyard, a new owner shall submit to the Department written notification of sale within 30 days after date of sale. Upon sale of a junkyard, the new owner shall continue all screening maintenance.

D. Screening.

1. Purpose. This subsection describes the requirements governing the location, planting, construction, and maintenance, of materials used in screening junkyards as required in A.R.S. § 28-7942(D).

2. Junkyard expansions. A junkyard owner shall be responsible for any expense to expand an existing junkyard screen. Screening expansions shall be aesthetically compatible, as the Director determines, with existing screens.

3. Screening location. Fences and screens shall be located so as not to be hazardous to the traveling public. New junkyards and expansions shall have screens in place before any junk is deposited.

4. Acceptable screening. When fencing is used alone or in combination with plant material, the fencing shall be capable of screening the junk entirely from view. When planting is used alone or in combination with an earthen berm, the number, type, size, and spacing of the plants shall be capable of screening the junk entirely from view, as determined by the Department.

5. Acceptable fencing materials. Acceptable fencing includes: steel or other metals; durable woods such as heart cypress, redwood, or other wood treated with a preservative; and walls of concrete block, brick, stone, or other masonry. Metal fencing shall be stained, colored, coated, or painted to blend into surroundings and be aesthetically unobtrusive.

6. Acceptable plant materials. Plant materials used shall be predominantly evergreen. In general, the minimum size of plant materials used shall be equal to five-gallon containers. An applicant may obtain a list of acceptable plant materials from the Department.

7. Screening maintenance. A junkyard owner shall ensure that screening does not enter the right-of-way. A junkyard owner shall maintain all screening in good condition by:

a. Maintaining fences, walls, or other structural material in good appearance by timely painting and repair.

b. Adequately watering, cultivating, mulching, or giving other maintenance to plant material, including spraying for insect control, to keep the planting in healthy condition; and

c. Removing all dead plant material immediately and replacing it promptly during the following planting season. Replacement plants shall be at least as large as the initial planting as approved on the screening license.

8. Abandoned, destroyed, or voluntarily discontinued junkyards. A junkyard that ceases to operate for a period of one year or longer, shall comply with A.R.S. § 28-7943 and obtain a screening license to be reopened.

9. Violation.

a. The Department shall issue a violation notice to a junkyard owner for failing to comply with A.R.S. §§ 28-7941 through 28-7946. A junkyard owner shall have 60 days from the date the violation notice is issued to apply for a screening license and submit a screening plan for the Department's review and approval.

b. A person who violates any provision of A.R.S. §§ 28-7941 through 28-7946 or this Section for junkyard control can be found guilty of a misdemeanor under A.R.S. § 28-7946.

Ariz. Admin. Code § R17-3-703

Adopted effective September 7, 1979 (Supp. 79-5). Amended effective June 13, 1980 (Supp. 80-3). Former Section R17-3-713 renumbered without change as Section R17-3-703 (Supp. 88-4). Amended by final rulemaking at 8 A.A.R. 844, effective February 8, 2002 (Supp. 02-1).