14-007 Code Vt. R. 14-010-007-X - RULES AND REGULATIONS FOR THE PYAMENT OF JUNKYARD SCREENING COMPENSATION

Section I RULES AND REGULATIONS FOR THE PAYMENT OF JUNKYARD SCREENING COMPENSATION

(1) For the purposes of these rules and regulations, the phrase "just compensation....for reasonable and necessary costs incurred for the landscaping or other adequate screening" shall mean:

a. The monetary reimbursement for the actual costs incurred between May 17, 1971 and December 31, 1972, in complying with the screening rules and regulations adopted by the Board on April 27, 1971, except that said costs shall not exceed the costs the Board would have incurred if it had installed a fence deemed satisfactory to comply with the aforementioned screening rules and regulations, or

b. The installation of a fence, or landscape materials, to effectively screen a junkyard in compliance with the Board's rules and regulations, or

c. The monetary reimbursement of the costs incurred by an owner/operator in installing a fence, or landscape materials, of his own choice or design, which effectively screens the junkyard, except that the costs shall not exceed those which the Board would have incurred had it installed the fence.

(2) For the purposes of these rules and regulations the junkyards that are eligible for compensation are those which were lawfully established on July 1, 1969, or those which became lawfully established between July 1, 1969 and December 31, 1972.

(3) No compensation shall be paid for any screening accomplished prior to July 1, 1969 or for any work accomplished between July 1, 1969 and December 31, 1972, that the Board determines as normal and necessary maintenance work.

Section II

(1) A junkyard owner/operator requesting compensation for expenses incurred in complying with the Board's rules and regulations shall submit a detailed bill or invoice to the Board listing costs of materials used and labor costs involved in constructing said screening. The owner/operator shall further submit evidence of satisfactory payment of such costs.

(2) A junkyard owner/operator desiring to install a screen other than the metal fence proposed by the Board, shall submit for consideration:

a. A request to utilize an alternative screening method and a description of the proposed alternative.

b. An estimate for the cost of the installation of the proposed screening.

(3) The Board may, in accordance with 24 V.S.A. 2243(5), refuse the payment of part or all of the requests for compensation, for expenses incurred under Section II (1) above or for estimated costs if a request is submitted in accordance with Section II (2) above, if it finds such costs are unreasonable or unnecessary.

Section III

(1) The screening to be installed by the Board will be a metal fence of either 8 foot or 12 foot height. The fence will be installed on the property of the owner/operator of the yard and become the property of the owner/operator and the owner/operator shall be responsible for the maintaining of the fence.

(2) The owner/operator shall be responsible for designating the fence line and/or property line to the State or its authorized representative. The owner/operator shall clear all junk, debris, structures, and vegetation (trees, shrubs and weeds) from the area where the fence is to be erected, providing the State, or its agent, a 20 foot wide, cleared work area. If the work area is not cleared by the owner/operator, the State or its agent will clear the area and the charge the owner/operator for such clearing at an hourly rate of $ 25.00 per hour for each hour and/or portion thereof. The State or its agent shall not be responsible for any damage alleged to have been committed during the clearing operations. The owner/operator shall be responsible for the disposal of any existing fencing or screening material, whether removed by the owner/operator, the State or the State's agent.

(3) The area to be enclosed by the metal fence will be a mutually agreed upon area with reasonable access to the enclosure via a gate or gates, equal in height to the fence, such gate(s) to have an opening of 20 feet. A "sketch plan" will be presented to each owner/operator for approval and/or comment. The Board shall decide if it is not feasible to screen a portion of, or all of a junkyard and may order the relocation or removal of the portion deemed not feasible to screen, as permitted by 24 V.S.A. 2243(4).

(4) If the Board orders that all or a portion of a yard is to be relocated, and it is possible to relocate the junk on the same property, the Board may elect to negotiate or pay the owner/operator for the relocation on a project basis.

Notes

14-007 Code Vt. R. 14-010-007-X

Effective Date: December 12, 1973