RSA 236:111-a · Scope

236:111-a Scope. –

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I.

Except as provided by paragraphs II and III, the provisions of this subdivision shall apply to all junk yards, as defined by RSA 236:112, I, including those approved under RSA 149-M and those subject to regulation under RSA 236:90-110.

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II.

The provisions of this subdivision shall not apply to any junk yard that is also a type of solid waste management facility listed below and approved under RSA 149-M, including any such solid waste management facility approved prior to May 1, 1989:

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(a)

Landfills;

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(b)

Incinerators and other processing or treatment facilities, not including automotive recycling yards; and

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(c)

Transfer stations that collect, store, and transfer municipal solid waste, whether or not they also collect:

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(1)

Source separated waste derived from motor vehicles, such as tires, lead acid batteries, or used oil; and/or

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(2)

Common household or commercial machinery, such as appliances, office equipment, or lawn mowers.

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III.

The provisions of this subdivision shall not apply to any noncommercial antique motor vehicle restoration activities involving antique motor vehicles over 25 years old, where the owner or lessee demonstrates that each of the following requirements are met:

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(a)

All antique motor vehicles kept on the premises are owned by the property owner or lessee; and

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(b)

All antique motor vehicles and parts of antique motor vehicles are kept out of view of the public and abutters by means of storage inside a permanent structure, or by suitable fencing which complies with the fencing requirements of RSA 236:123, or by trees or shrubbery sufficient to block visual access year round; and

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(c)

Any combination of antique motor vehicles or parts of antique motor vehicles that are not stored inside a permanent structure shall otherwise comply with the requirements of this section and shall not exceed a total amount of 5 vehicles. For purposes of this section, the sum of the parts of antique motor vehicles that equal in bulk to one antique motor vehicle shall be counted as one antique motor vehicle; and

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(d)

All mechanical repairs and modifications are performed out of view of the public and abutters; and

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(e)

Not more than one unregistered and uninspected motor vehicle that is not over 25 years old shall be kept on the premises; and

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(f)

The use of the premises is in compliance with all municipal land use ordinances and regulations. Source. 1989, 95:1. 2002, 27:2, eff. July 1, 2002; 228:1, 2, eff. July 1, 2002 at 12:01 a.m.

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