14-009 Code Vt. R. 14-010-009-X
The phrase "effectively screens" as used in 24 VSA, 2257(a), shall mean that the nature and character of any objects located within the junkyard cannot be defined when viewed from the public highway. A temporary waiver of the requirement of effective screening may be granted by the Board under extenuating circumstances. Application must be made in writing to the Board stating reason for request, length of time requested, and substantiation of the circumstances requiring the waiver. The waiver, if granted, shall remain in effect for a period not to exceed 90 days from the date of issue.
For the purpose of establishing a height from which to determine the effectiveness of screening, the American Association of State Highway & Transportation Officials Standard of 3 feet 9 inches, average eye level height of a person sitting in a motor vehicle, is adopted. This standard is to be used at the centerline of any highway involved.
Screening shall be a fence constructed of wood, metal, chain link with a fabricated insert, an earthen berm, living coniferous trees, or any other alternative method approved by the Board. All fences must be a minimum of 8 feet in height, unless otherwise approved by the Board, and shall be of sufficient height to effectively screen all junk located within the junkyard. If the junkyard is on a side hill, making it impractical to construct a fence high enough to screen the yard, a series of fences may be constructed to screen the yard.
A wooden fence shall be constructed of boards with a minimum width of 6 inches, and shall have a maximum spacing of 1/2 inch between said boards. The bottom of the ience shall be a maximum of 6 inches above ground level. The fence shall be painted or stained with a single color or treated with a preservative if the material is new.
A metal fence shall be constructed of sound material with a minimum width of 24 inches and a maximum space of 1/2 inch between the panels. The fence shall be painted with a single color unless the material is galvanized. No portion of a metal fence shall be allowed to remain rusty for more than 6 months.
A chain link fence with fabricated insert shall be constructed of galvanized or aluminum coated, or aluminum alloy materials. All hardware shall be galvanized. The fabricated insert shall be a minimum of 1 7/8 inches in width and shall be of wood, aluminum or plastic. Wood inserts shall be painted with a single color or treated with a sealer. Damaged inserts for chain link fences shall be replaced when required in order to maintain an effective screen.
The berm may be constructed of any solid material including, but not limited to stumps, demolition debris, rubber tires, etc., or any other non-contaminating material. The slopes of the berm shall be graded smooth and covered with not less than 3 inches of topsoil and shall be seeded with the highway standard seeding formula or its equivalent, if approved by the Board.
Living coniferous trees shall be a minimum of 8 feet in height and planted in three rows with the rows staggered at 8 foot intervals with the trees a maximum of 6 feet apart within each row, unless otherwise approved by the Board. Any trees found to be dead at any future time shall be replaced during the next planting season.
There shall be no more than one of the approved screening materials used to screen any one side of the yard. Adjacent sides may use different approved screening materials.
Compliance with the screening requirements shall be accomplished prior to the issuance of a license by the Board.
No initial license will be issued to an operator whose proposed junkyard is within a flood plain as designated by the Agency of Environmental Conservation or in swamp land.
Failure to comply with these rules and regulations or any of the provisions of Title 24, Vermont Statutes Annotated, Chapter 51, Subchapter 10, pertaining to junkyards shall result in immediate legal action and possible revocation of the junkyard license.
Upon petition and due notice, the Board may, following a hearing. waive any of the foregoing provisions. The hearing may be held before the Board or any Member thereof.
14-009 Code Vt. R. 14-010-009-X
AMENDED: April 13, 1972;
November 13, 1974