§ 2253. Location requirements
(a) At the time and place set for hearing, the legislative body shall hear the applicant,
the owners of land abutting the facility, and all other persons wishing to be heard
on the application for certificate of approval for the location of the salvage yard.
The legislative body shall consider the following in determining whether to grant
or deny the certificate:
(1) proof of legal ownership or the right to such use of the property by the applicant;
(2) the nature and development of surrounding property, such as the proximity of highways
and State and town roads and the feasibility of screening the proposed salvage yard
from such highways and State and town roads; the proximity of places of worship; schools;
hospitals; existing, planned, or zoned residential areas; public buildings; or other
places of public gathering; and
(3) whether or not the proposed location can be reasonably protected from affecting the
public health, safety, environment, or from a nuisance condition.
(b)(1) A person shall not establish, operate, or maintain a salvage yard which is within
1,000 feet of the nearest edge of the right-of-way of the interstate or primary highway
systems and visible from the main traveled way thereof at any season of the year.
(2) On or after July 1, 2009, no person shall establish or initiate operation of a new
salvage yard within 100 feet of the nearest edge of the right-of-way of a State or
town road or within 100 feet of a navigable water, as that term is defined in 10 V.S.A. § 1422.
(c) Notwithstanding subsection (b) of this section, salvage yards and scrap metal processing
facilities may be operated within 1,000 feet of the nearest edge of the right-of-way
of the interstate and primary highway system or within 100 feet of the nearest edge
of the right-of-way of a State or town road, provided that the area in which the salvage
yard is located is zoned industrial under authority of State law, or if not zoned
industrial under authority of State law, is used for industrial activities as determined
by the Board with the approval of the U.S. Secretary of Transportation. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 4; 2009, No. 56, § 11.)