[Letterhead]
Certificate of Approved Location for Salvage Yard
Letter of Denial (S.Y.A.7)
{Date}
[Salvage Yard Owner Name]
[Salvage Yard Name if Known]
[Salvage Yard Owner Mailing Address]
[City], [State] [Zip]
[Land Owner Name]
[Land Owner Address]
[City], [State] [Zip]
RE: Your application for Certificate of Approved Location for a salvage yard has been denied by the [Selectboard].
Dear (Owner Contact),
The [NAME] Selectboard found sufficient reasons to deny the [NAME] salvage yard a Certification for Location. Under the authority of 24 V.S.A. § 2291, the [town] Selectboard hereby orders [salvage yard name and owner(s) name] to cease and desist any and all activities on [property address/ GPS coordinates] consisting of the creation, establishment, and maintenance of a salvage yard. The Selectboard orders [salvage yard owner] to immediately remove all scrap, junk, unregistered vehicles numbering greater than three, tires and waste at the salvage yard to the satisfaction of the town and return to compliance under 24 §VSA 2242.
Sufficient reason was found for disapproval (requires Corrective Action and timelines). The salvage yard owner shall have sixty (60) days to correct the violations of state statute.
Your application for approval of location for a salvage yard along [Designation] [Route] [Direction] at county log mile [County Log Mile] on the [Side of Road] side of the road in [County] County has been reviewed by the Selectboard. After careful review and consideration, the Board has denied the request for approval based on the following list of reasons for denial:
(√ = Reasons for Denial)
Critical distances: The application must establish that the facility meets the required setback distances to certain critical features, including but not limited to:· Property boundaries
· Wells and groundwater protection areas
· Wellhead protection areas
· Drinking water wells (except the one used by the salvage yard)
· Surface waters
· Wetlands
· Flood zone
· Rivers
· Storm drains
· Right-of-way of a state or town road, unless under authority of the state law for industrial activities.
Required setback:
· The location of the operation is not within the proximity of churches, schools, hospitals public buildings or other places of public gatherings.
· That the placement of the salvage yard and salvage material meets all front, side, and rear setback requirements.
The location is not contrary to the prohibitions of the Town Plan, zoning laws, or subdivision regulations, if applicable.
The nature and development of surrounding property, such as proximity of highways and state and town roads.
The location is fully protected from public view by a natural or artificial barrier (screening {8 feet} or fencing, and all salvage yard activities including crushing take place behind the fence or screen. The fence or screen is neat and in good repair.
The proposed location is reasonably protected from affecting the public health, safety, environment, or from a nuisance condition.
Proof of legal ownership or the legal right to such use of the property by the applicant for the purposes described in the application
Copy of other permits/approvals/supporting documentation
Name Zoning violations (if applicable):
Incorrect Application Fee
Incomplete Application/Incomplete/Missing AttachmentsIncluding: {Including Reason}
Other: {Name Reasons}
Administrative appeals shall be exhausted at the municipal level prior to taking continued claims to the County where the salvage yard resides, or to the Environmental Court. Any person may appeal the issuance or denial of a Certificate of Approved Location to the Environmental Court within 30 days of the decision. No costs shall be taxed against either party upon such appeal.
If you have any questions concerning this matter, please contact me at [Phone Number] during the business hours of [list business hours].
Sincerely,
[Signature]
[Name]
CC: Agency of Natural Resources
Attorney
File
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