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.
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.