[HISTORY: Adopted by the Town Board of the Town of Rockland 8-16-1990 by L.L. No. 2-1990 (Ch. 18 of the 1984 Code). Amendments noted where applicable.]
This chapter is enacted for the purpose of establishing minimum health and safety standards for junkyards in the Town of Rockland as well as controlling the location of same so as to limit problems of incompatibility with other activities.
This chapter shall apply to all new junkyards and the expansion or alteration of all existing junkyards hereafter proposed in the Town of Rockland. No junkyard shall be created except in conformance with the standards herein, and all junkyards shall be required to conform to said standards unless otherwise stated or be removed at the owner's expense.
The terms listed below shall be interpreted and are hereby defined as follows:
AUTOMOBILE SALES LOT
The use of any building, land area or other premise for the display and sale of new or used automobiles of operable condition, panel trucks or vans, trailers or recreation vehicles, including any warranty repair work and other repair service conducted as an accessory use. No business or facility generating less than 50% of its gross sales from the actual sale and/or repair of new or used automobiles (excluding parts, repairs, etc.) shall be considered an automobile sales lot.
JUNKYARD
A. 
An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including but not limited to wastepaper, rags, metal, glass, building materials, house furnishings, machines, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same; or
B. 
An area of land, with or without buildings, on which two or more vehicles which do not have current registrations issued by the New York State Department of Motor Vehicles shall be considered a junkyard. Agricultural vehicles such as tractors, mowers, etc., which are utilized as part of an active farming operation and contractors' construction equipment shall be exempt from this interpretation. Automobile sales lots managed by licensed automobile dealers and storage areas for recognized antique automobiles or other operable special purpose vehicles shall also be exempt.
Junkyards shall conform to the following standards:
A. 
Any new junkyard location adjacent to a federal aid highway shall comply with all regulations of the Federal Highway Administration and provide evidence of the same to the Town of Rockland.
B. 
No junkyard created after the effective date of this chapter shall be located less than 500 feet from an existing public right-of-way or 500 feet from any adjoining property.
C. 
New junkyards shall comply in all respects with the provisions of Chapter 185, Zoning, of the Code of the Town of Rockland and be considered conditional uses under said law. Junkyards shall, moreover, be permitted only in Highway Business (HB) and Industrial (I) Zones.
D. 
All new junkyards must erect and maintain a six-foot-high fence adequate to discourage the entrance of children or others into the area and to contain within such fence all materials dealt in by the owner or operator. Such fence shall be at least 25 feet from the boundary line of the property and be adequate to screen all portions of the junkyard from view from the public street or from residential areas. All fencing must be approved by the Planning Board and produce a screen through which one generally cannot see. Various materials, including evergreen screening, may be used. The Town Board is hereby empowered to take measures, including securing injunctive relief, to ensure maintenance of fencing.
E. 
The area used for a junkyard shall not be used as a dump area or as a place for burning or disposal of trash.
F. 
No new junkyard or portion of a junkyard shall be located on a slope exceeding 12% in grade or so situated on a bluff as to be unscreenable (visible from an adjacent public highway or residence located above or below the level of the junkyard).
G. 
Existing nonconforming junkyards shall, within a period of one year following the effective date of this chapter, be removed or brought into compliance with Subsection E. Existing junkyards shall not be expanded except in conformance with the complete provisions of this section, and in no case will any change in an existing junkyard which would lessen its conformity with these regulations be permitted.
A. 
Any person or persons proposing to establish or expand a junkyard in the Town of Rockland shall prepare site plans of the same to be submitted to the Planning Board under the conditional permits review procedures of Chapter 185, Zoning. Plans shall be prepared by a professional engineer at a scale of one inch equals 100 feet or larger. They shall be in sufficient detail to document compliance in every respect with the standards of this chapter.
B. 
Existing junkyards shall be identified and notified of any nonconformities with this chapter within 60 days of the effective date of this chapter. The Town of Rockland Code Enforcement Officer shall be responsible for this procedure and shall, additionally, inform all owners of existing nonconforming junkyards of the action which must be taken to comply with this chapter, the time available to take those actions and the consequences of violations.
C. 
The Town Board may establish and, from time to time, revise a fee schedule for junkyard plan submissions.
Variations of the standards contained herein may be approved by the Town Board upon recommendation of the Town Planning Board and/or Code Enforcement Officer in order to accommodate unusual site conditions.
A. 
Any person, partnership, association or corporation who violates any provision of this chapter shall be guilty of an offense against this chapter and subject to a fine of not more than $100. Each day of continued violation after notice thereof shall constitute a separate and distinct violation.
B. 
In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any portion of this chapter.