ENROLLED
H. B. 2200
(By Mr. Speaker, Mr. Kiss, and Delegates Varner and Martin)
[Passed March 31, 1997; in effect ninety days from passage.]
AN ACT to amend and reenact section four, article twenty-three,
chapter seventeen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to permitting
relicensure upon transfer of existing salvage yards in
certain circumstances.
Be it enacted by the Legislature of West Virginia:
That section four, article twenty-three, chapter seventeen
of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended an reenacted to read as follows:
ARTICLE 23. SALVAGE YARDS.
§17-23-4. Areas where establishment prohibited; screening
requirements; existing licensed yards; approval
permit required; issuance; county planning
commission criteria satisfied; fee.
On and after the effective date of this article: (1) No
license shall be issued to establish a salvage yard or any part
thereof within one thousand feet of the nearest edge of the
right-of-way of any road within the state road system designated
and classified or redesignated and reclassified as expressway, trunkline or feeder, or any road within the state road system
designated and classified or redesignated and reclassified for
purposes of allocation of federal highway funds as part of the
federal-aid interstate or primary systems: Provided,
That this
limitation shall not apply to landfills established and
maintained by the state or any county or municipality if such
landfill is effectively screened and obscured by natural objects,
plantings, fences or other appropriate means so as not to be
visible from the main traveled way of the system; and (2) no
license shall be issued to establish a salvage yard or any part
thereof within five hundred feet of the nearest edge of the
right-of-way of any state local service road, unless the view
thereof from such state local service road shall be effectively
screened and obscured by fences: Provided, however,
That this
limitation shall not apply to landfills established and
maintained by the state or any county or municipality if such
landfill is effectively screened and obscured by natural objects,
plantings, fences or other appropriate means so as not to be
visible from the main traveled way of the system; and (3) no
license may be issued allowing a salvage yard within one thousand
feet of the nearest occupied private residence, unless waived by
the owner of such residence, or within five thousand feet of the
nearest occupied private residence which is part of a residential
community. The provisions of this paragraph, as amended, shall
apply only to salvage yards licensed after the first day of
April, one thousand nine hundred eighty-eight.
The license of any salvage yard duly issued under the former provisions of this article, which salvage yard or any part
thereof on the effective date of this article, is: (1) Within one
thousand feet of the nearest edge of the right-of-way of any road
within the state road system designated and classified or
redesignated and reclassified as expressway, trunkline or feeder,
or any road within the state road system designated and
classified or redesignated and reclassified for purposes of
allocation of federal highway funds as part of the federal-aid
interstate or primary systems; or is (2) within five hundred feet
of the nearest edge of the right-of-way of any state local
service road; or is (3) 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, may be renewed only if the view of the said salvage
yard and all parts thereof are effectively screened from the
adjacent road by natural objects, plantings, fences or other
appropriate means or a waiver is obtained from the owner of an
occupied private residence. The provisions of this paragraph, as
amended, shall apply only to salvage yards licensed after the
first day of April, one thousand nine hundred eighty-eight.
Any salvage yard which, on the effective date of this
article, is duly licensed under the former provisions of this
article may be established or continue to be operated and
maintained without screening by natural objects, plantings,
fences or other appropriate means so long as any part of such
salvage yard is: (1) Not located within one thousand feet of any
road within the state road system designated and classified or redesignated and reclassified as expressway, trunkline or feeder,
or any road within the state road system designated and
classified or redesignated and reclassified for the purposes of
allocation of federal highway funds as part of the federal-aid
interstate or primary systems; or is (2) not located within five
hundred feet of the nearest edge of the right-of-way of any state
local service road; or is (3) not located within one thousand
feet of the nearest residence or within five thousand feet of the
nearest occupied private residence which is part of a residential
community. Notwithstanding any other provision of this section
to the contrary, ownership of a salvage yard duly licensed under
the former provisions of this article and
continuously maintained
and licensed since the first day of July, one thousand nine
hundred eighty-eight, may be sold or otherwise transferred, and
the salvage yard shall be eligible for relicensure and may
continue to be operated
under the same legal requirements that
would have been applicable had the change in ownership not
occurred.
On or after the first day of July, one thousand nine hundred
eighty-four, any owner or operator establishing, operating or
maintaining a salvage yard for which a license is required under
the provisions of this article is hereby required to first obtain
an approval permit from the county planning commission, or if the
county does not have a county planning commission, from an
appropriate office or agency designated by the county commission,
in which the salvage yard is located. The county planning
commission or designated agency or office shall promulgate such reasonable rules including, but not limited to, determining the
effect of the proposed salvage yard on residential, business or
commercial property investment and values, establishing a quota
for the number of salvage yards in the county, and the social,
economic and environmental impact on community growth and
development in utilities, health, education, recreation, safety,
welfare and convenience, if any, before issuing such approval
permit. These rules shall conform to guidelines established in
rules promulgated by the commissioner. The fee for the approval
permit shall be twenty-five dollars, payable upon the filing of
the application on forms to be designated and approved by the
county planning commission or designated office or agency.
Upon the granting of an approval permit by the county
planning commission, the owner or operator shall then apply to
the commissioner for a license to operate. The commissioner may
issue a license to the applicant, but only after an approval
permit has issued in the first instance and the location of the
salvage yard is in compliance with the location requirements of
section four of this article. The approval permit requirement of
this section does not apply to any owner or operator who has
established, or is operating or maintaining, a salvage yard prior
to the first day of July, one thousand nine hundred eighty-four.
NOTE: The purpose of this bill is to provide that the owner
of a salvage yard continuously licensed and in compliance with
all applicable legal requirements may sell or transfer his or her
property, that the salvage yard may be relicensed and may
continue to be operated by the new owner, and that requirements
of law for newly established salvage yards are not applicable.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language
that would be added.