A.
No person, company, corporation, partnership, or other
entity, except as hereinafter provided, shall remove any solid waste,
offal, garbage, refuse, recyclable material, construction and demolition
debris, ashes or rubbish of any kind from the premises of any person,
firm or corporation or cart or transport the same through or upon
any street, avenue, parkway or highway within the Town except in trucks
which shall meet all statutory and contract requirements, if applicable,
of the Town and unless such person shall have first obtained a license
from the Town Clerk as hereinafter provided, but no such license shall
be required for persons under contract with the Town who, pursuant
to such contract, are transporting solid waste from a location outside
the Town to the recycling facility or the Babylon resource recovery
facility or transporting solid waste or recyclable material from the
recycling facility to a location outside the Town.
B.
No person, company, corporation, partnership, or other
entity shall store, place, maintain, drop, put, rest, lay, leave,
set, situate or cause or permit or suffer to be placed, maintained,
dropped, put, rested, laid, left, set or situated on any property
within the Town of Babylon a roll-off, compactor, container, collection
box and/or dumpster without the person, company, corporation, partnership
or other entity who stored, placed, maintained, dropped, put, rested,
laid, left, set or situated the roll-off, compactor, container, collection
box and/or dumpster being properly licensed and without there being
displayed a valid license decal, conspicuously displayed on said roll-off,
compactor, container, collection box and/or dumpster. Nor shall any
collection vehicle be used to drop, put, rest, lay, leave, set or
situate any roll-off, compactor, container and/or collection box or
dumpster on any property within the Town of Babylon without conspicuously
displaying said tag, plate or license decal upon said collection vehicle.
C.
Any roll-off, compactor, container, collection box
and/or dumpster present on any property within the Town of Babylon
which does not have conspicuously displayed a valid license decal
from the Town of Babylon may be impounded by the Town of Babylon without
notice, summarily as a serious violation of a rigorously controlled
industry.
[1]
Editor's Note: This local law also provided
its legislative intent as follows: “The Town Board finds that
toxic waste is a serious and extremely dangerous threat to our environment,
health, welfare and safety. Toxic waste is a threat that can cause
serious physical injury and death. That without strict control over
the disposal of waste, the residents of the Town of Babylon and of
the State of New York are in jeopardy of toxic waste being disposed
of unlawfully, not in compliance with local, state and federal law
and in a manner which may pose a threat to all living things. For
this reason, the Town Board takes the extraordinary step of authorizing
summary abatement of the following nuisance.”
A.
No license shall be required for householders who
personally collect, convey and dispose of solid waste, refuse, garbage
or ashes actually accumulated by them in their own households. All
other provisions of this article, however, shall apply to such persons.
Notwithstanding the above, no such householder shall be allowed to
dispose of solid waste, refuse, garbage or ashes at the Babylon resource
recovery facility or the recycling facility.
B.
Certain business wastes.
(1)
No license shall be required for the removal or transportation
of waste material where such removal or transportation is incidental
to the collection of meat, fat or bone waste, unless such waste material
is a hazardous waste.
(2)
Any person who removes or transports waste or other materials incidental to the conducting of any of the businesses described in Subsection B hereof shall only remove or transport such waste or other materials in such a manner as to prevent the discharge or littering of materials relating to said business or occupation upon any public street, road or highway in the Town.
(3)
In exceptional circumstances a generator of waste
may seek a special exemption from the Town Board or its designee on
a case-by-case basis to haul its own waste material.
A.
All licenses authorizing the collection, removal or
transportation of solid waste, offal, garbage, refuse, recyclable
material, construction and demolition debris, rubbish or acceptable
waste of any kind shall be issued by the Town Clerk, but only after
an application for such license has been made to and approved by the
Commission. The Commission shall require the application to contain
the following:
(1)
Execution of the application by either the applicant,
if an individual, a partner, if the applicant is a partnership, or
by the president, if the applicant is a corporation.
(2)
The form of the application shall be a sworn affidavit,
sworn to before a notary public and shall contain the statement that
the signatory affirms the truth and completeness of the information
contained in the application under the penalty of perjury pursuant
to § 210.45 of the Penal Law.
(3)
The names and addresses of all partners, limited or
otherwise, if the applicant is a partnership, or of all officers and
directors and shareholders, if the applicant is a corporation.
(4)
A list of all obligations incurred by the applicant
in connection with the operation of the applicant's business, except
normal operating accounts payable occasioned by routine operation
of the business, but shall include all loans to the applicant, together
with the names and addresses of the persons or entities making said
loans, and a description of the security for said loans, if any.
(5)
A detailed account of the collection system, if any,
used by the applicant and the names and addresses of all customers
of the applicant as of the date of the application, together with
the present schedule of charges to said customers.
(6)
A complete list of the names and addresses of all
employees of the applicant as of the date of the application.
(7)
A statement that either the applicant, if an individual,
any partner, if a partnership, or any officer, director or shareholder,
if a corporation, has or has not been convicted of a crime within
the last 10 years, other than a traffic infraction, provided that,
if so, an explanation of the nature of said conviction shall be furnished
on the application.
(8)
The name and address of the registered owner of each
vehicle to be used by the applicant in such collection, removal or
transportation.
(9)
The make, year, model of chassis, body style, volume,
tonnage capacity, color and state vehicle registration number of each
such vehicle.
(10)
The community or communities in which the applicant
intends to operate under the license for which the application is
made.
(11)
The garage location where each such vehicle
is to be normally stored under this application.
(12)
The type of service to be rendered by the applicant,
including the number of solid waste or recyclable material pickups
per week or per month, and the charges to be made for such service.
(13)
Disclosure by the applicant (either an individual
or any partner or any officer or director, if a partnership or corporation)
of any position in any other applicant equivalent to the proprietor,
partner, officer or director, as applicable.
A.
A license issued hereunder may be suspended or revoked
for violation of the provisions of this article by the Commission,
upon notice and hearing as herein provided. Grounds for revocation
or suspension of a license shall include but not be limited to the
following reasons:
B.
Any licensed collection vehicle used for the disposal of hazardous waste at the Babylon resource recovery facility or the recycling facility shall be immediately barred from the disposal of said material within the Town, and its license shall be suspended pending a hearing before the Sanitation Commission. Such a hearing shall be held pursuant to Subsection C of this section.
C.
Notwithstanding § 133-13B, before any license may be suspended or revoked, a notice, in writing, of such proposed action must be sent to the licensee either personally or by certified mail. Such notice must specify the nature of the proposed action, the grounds therefor and a time and place, not less than 10 nor more than 20 days after the mailing or other service of such notice, at which a hearing will be held on such proposed action. The licensee may testify at such hearing, may be represented by counsel and may offer evidence in defense. The formal rules of evidence shall not apply at said hearing. A record of the proceedings on such hearing must be made. Hearings shall be held before the Sanitation Commission.
[Amended 12-18-2001 by L.L. No. 11-2001; 7-13-2004 by L.L. No. 19-2004; 12-21-2004 by L.L. No. 32-2004; 6-21-2005 by L.L. No. 18-2005; 3-7-2006 by L.L. No. 7-2006; 7-18-2006 by L.L. No. 21-2006; 9-13-2006 by L.L. No.
32-2006; 12-20-2006 by L.L. No. 41-2006; 8-6-2008 by L.L. No. 21-2008]
A.
Class 1 and Class 1A licenses.
[Amended 11-17-2011 by L.L. No. 22-2011; 4-22-2015 by L.L. No. 5-2015; 9-29-2015 by L.L. No. 13-2015; 9-4-2019 by L.L. No. 10-2019; 3-16-2022 by L.L. No. 2-2022; 7-13-2022 by L.L. No. 15-2022]
(1)
A
Class 1 license shall be required of all persons engaged in the collection
and transportation of garbage, refuse, recyclable material (including,
but not limited to, scrap metal), ashes or solid waste outside the
improvement areas or for collection and transportation of recyclable
material only within the commercial improvement area if properly authorized
by the property owner. The annual fee for such license shall be $1,500
plus $550 for each truck and $1 for each sticker for roll-offs and
compactors.
(2)
A
Class 1A license shall be required of all persons engaged in the collection
and transportation of food scraps outside the improvement areas or
for collection and transportation of recyclable material only within
the commercial improvement area if properly authorized by the property
owner. The annual fee for such license shall be $3,000 plus $1,100
for each truck and $1,000 for each sticker for roll-offs and compactors.
B.
A Class 2 license shall be required of all persons
engaged in the collection and transportation of garbage, refuse, solid
waste and recyclable material within an improvement area authorized
pursuant to a contract with the Town to collect and transport solid
waste, garbage, refuse or recyclable material. There shall be no annual
fee for such license.
[Amended 11-15-2012 by L.L. No. 17-2012]
C.
A Class 3 license shall be required of all persons engaged in the
collection and transportation of construction and demolition debris
within the Town of Babylon. The annual fee shall be $1,500. There
shall be an annual per-truck fee of $550, and a fee of $1 for each
sticker for rolloffs and compactors.
[Amended 4-22-2015 by L.L. No. 5-2015; 9-29-2015 by L.L. No. 13-2015; 9-4-2019 by L.L. No. 10-2019]
D.
Class 4 license.
(1)
A Class 4 license shall be required of all persons engaged in the
collection and/or transportation of garments, clothing, fabric, cloth,
apparel, and any other similar materials, for recycling, collection,
redeployment, redistribution, contribution, bequest, donation and
the like, within the Town of Babylon through the placing, maintaining,
providing or depositing of a container, collection box, storage bin
or similar-type collection device outside on any property within the
Town of Babylon. There shall be an annual licensing fee of $1,500,
an annual per-truck fee of $450 and $1 for each container/collection
box. Each container/collection box shall have affixed to it, in a
conspicuous location, a license decal, issued by the Town Clerk, which
shall identify the license number, container/collection box number,
year of issue and location. Said license decals shall be provided
by the Town of Babylon at a cost of $1 per decal.
[Amended 4-22-2015 by L.L. No. 5-2015; 6-2-2015 by L.L. No. 7-2015; 9-29-2015 by L.L. No. 13-2015]
(2)
Restriction on location of recycling collection. The collection boxes and containers referred to in § 133-14D(1) are to be restricted as to location in the following manner, in addition to any other requirements of this Code:
(a)
No box or container shall not be located within
a five-hundred-foot radius of any area zoned for residential use.
(b)
No box or container shall be located within
a one-eighth-mile radius of another such collection box or container.
(c)
No box or container shall be located on any
public property without written permission of the property owner.
(d)
No box or container shall be located in a manner
which obstructs the vision or sight of traffic on private or public
roadways, parking lots, highways, whether federal, state or local
in nature.
(3)
Approval of locations of recycling collection. Licensees
must obtain approval from the Building Department for the location
of all collection boxes, containers, storage bins or similar type
collection devices within the Town of Babylon.
(4)
Submission of plans and drawings for approval.
(a)
Required. All plans and drawings for the placement of any container/collection box pursuant to § 133-14D(1) shall be submitted to the Building Department for examination and approval as to proper location and construction.
(b)
Contents. Plans and drawings shall show lot
lines and shall include information pertinent to the container/collection
box, exits and entrances to the lot, roadways, parking spaces, buildings,
etc.
(c)
Effect. Containers/collection boxes shall be
located and positioned in conformity with the approved plans.
(5)
Health and safety conditions regarding the placement
of recycling collection containers/boxes. Any container/collection
box placed within the Town of Babylon must comply with the following
regulations regarding health and safety:
(a)
No container/collection box may be placed within
50 feet of any wooded area or area of vegetation.
(b)
No container/collection box may be maintained
in such a manner as to attract rodents, vermin, animals or insects.
(c)
No container/collection box shall be used for
any materials other than garments, clothing, fabric, cloth, apparel,
and any other similar materials.
(d)
Every container/collection box shall be maintained
in a manner consistent with any and all federal, state and local health
and sanitation laws and regulations.
(e)
Every container/collection box shall be inspected
weekly to ensure the absence of rodents, vermin, animals and insects.
(6)
Illegal placement of recycling collection containers/boxes.
(a)
It shall be a violation of this chapter for
any person or entity to place, maintain or allow to placed or maintained
any collection box or container upon any property within the Town
of Babylon without first having said location approved, said licenses
issued and appropriate fees paid.
(b)
It shall be a violation of this chapter to own
or lease any property upon which a container/collection box is placed,
maintained or allowed to be placed or maintained within the Town of
Babylon without first having said location approved, said licenses
issued and appropriate fees paid.
(c)
Any container/collection box which is illegally present on any property within the Town of Babylon is subject to being impounded pursuant to § 133-14D(7).
(7)
Impounding of illegal containers/collection boxes.
(a)
Any container/collection box which is illegally
present on any property within the Town of Babylon is subject to being
impounded by the Town of Babylon without notice to the owner of the
container/collection box or property owner.
(b)
Subsequent to the impounding of any container/collection
box, the owner of said container/collection box may apply to the Sanitation
Commission for a hearing regarding the impounding and the fines and
fees associated therewith.
(c)
Any container/collection box which is impounded
is subject to a fee of $250 for transportation of said container/collection
box and a fee of $50 per day for storage for each day, including the
day of impounding.
(d)
Ten days after notification to the property
owner that the container/collection box has been impounded, said container/collection
box shall be forfeited to the Town of Babylon and used, sold or destroyed
at the sole discretion of the Town of Babylon.
E.
A Class 5 license shall be required of all persons
engaged in the transportation of garbage, refuse, solid waste or ashes
authorized pursuant to a contract with the Town or as otherwise authorized
by the Town to transport garbage, refuse, solid waste or ashes to
the Babylon resource recovery facility or the recycling facility.
Such license shall be effective only for activities undertaken pursuant
to such contract with the Town.
F.
Class 6 licenses.
(1)
A Class 6 license shall be required of all persons,
firms, corporations or entities engaged in the cutting, removing and/or
uprooting of trees.
(2)
The trimming, pruning and/or maintenance of trees
shall not require a Class 6 license.
(3)
Persons, forms, corporations or entities that have
a contract with a Class 3 licensee for the collection, removal, transportation
and disposal of cut-down, removed and/or uprooted trees and tree stumps
shall not be required to obtain a Class 6 license.
(4)
Each applicant for a license shall pay a nonrefundable application
fee with the application in the amount of $150. The applicant shall
also pay to the Town Clerk or his or her designee, upon the issuance
of the license, a license fee of $650. The license shall be effective
for the calendar year in which it is issued and shall be reviewed
by the applicant each successive year.
[Amended 4-22-2015 by L.L. No. 5-2015; 6-2-2015 by L.L. No. 7-2015; 9-29-2015 by L.L. No. 13-2015]
(5)
All applicants are required to provide proof that
they have received certification from the Department of Agriculture
in relation to Asian long-horn beetles.
(6)
Removal of debris.
(a)
Licensees shall not place, keep, permit or suffer
to be placed or kept at or around the vicinity of the front, side
or rear property lines any stumps, limbs, branches, logs or anything
else generated from the cutting, removing or uprooting of trees.
(b)
Licensees are required to remove from the property
and properly dispose of any stumps, limbs, branches, logs or anything
else generated from the cutting, removing or uprooting of trees which
exceeds four inches in diameter.
(7)
All applicants shall be forwarded by the Town Clerk's
office to the Sanitation Commission for approval prior to the issuance
of a Class 6 license.
(8)
Upon any violations of this chapter, the Sanitation
Commission may hold a hearing as set forth in this chapter to consider
suspending and/or revoking any Class 6 license issued hereunder.
G.
Class 7 licenses.
(1)
License required; fee.
(a)
A Class 7 license shall be required of all persons,
corporations, businesses or any other entity engaged in the rental,
leasing, loaning or distribution of any storage container, collection
box, storage bin or similar-type storage device (collectively herein
referred to as "storage containers"), within the Town of Babylon,
that is used, stored, placed or maintained outside on any residential
property within the Town of Babylon.
(b)
There shall be an annual licensing fee of $2,000. Each storage
container shall include the licensee name and phone number.
[Amended 4-22-2015 by L.L. No. 5-2015; 9-29-2015 by L.L. No. 13-2015]
(2)
The storage containers referred to in Subsection G(1) are to be restricted as to location and size in the following manner, in addition to any other requirements of this Code:
(a)
No storage container shall be located on any
portion of the front yard of any residential property other than the
paved portion of the driveway.
(b)
No storage container shall be located at any
given residential address for more than 180 days.
(c)
No more than one storage container shall be
located on any residential property at any given time.
(d)
No storage container shall be located in a manner
that obstructs the vision or sight of pedestrians or traffic on private
or public roadways, sidewalks, parking lots or highways, whether federal,
state or local in nature.
(e)
No storage container may be maintained in such
a manner as to attract rodents, vermin, animals or insects.
(f)
Every storage container shall be maintained
in a manner consistent with any and all federal, state and local health
and sanitation laws and regulations.
(g)
Every storage container shall be inspected weekly
to ensure the absence of rodents, vermin, animals and insects.
(h)
Storage containers shall be limited to a maximum
size of 20 feet by 8 feet by 8.6 feet.
(i)
The name of the storage container company and
a valid phone number shall be displayed on the storage container in
a conspicuous manner so that the name and phone number can be observed
from the street abutting the residence on which the storage container
is placed.
(3)
It shall be a violation of this chapter for any person
or entity to place or maintain, or allow to be placed or maintained,
any storage container upon any residential property within the Town
of Babylon without first having said licenses issued and appropriate
fees paid.
(4)
It shall be a violation of this chapter to own or
lease any residential property upon which a storage container is placed,
maintained or allowed to be placed or maintained within the Town of
Babylon by any person, business, corporation or entity that is not
licensed pursuant to this article.
(5)
Any storage container that is illegally present on
any property within the Town of Babylon is subject to being impounded
pursuant to the following:
(a)
Any storage container that is illegally present
on any property within the Town of Babylon is subject to being impounded
by the Town of Babylon upon five days' written notice to the owner
of the storage container or property owner.
(b)
Subsequent to the impounding of any storage
container, the owner of said storage container may apply to the Sanitation
Commission for a hearing regarding the impounding and the fines and
fees associated therewith.
(c)
Any storage container that is impounded is subject
to a fee of $250 for transportation of said storage container and
a fee of $50 per day for storage for each day, including the day of
impounding.
(d)
Ten days after written notification to the property
owner that the storage container has been impounded, said storage
container shall be forfeited to the Town of Babylon and used, sold
or destroyed at the sole discretion of the Town of Babylon.
H.
Class 8 license.
[Amended 1-25-2011 by L.L. No. 3-2011]
(1)
License required; fee; eligibility.
(a)
A Class 8 license shall be required of all persons, corporations,
businesses or any other entity engaged as an energy auditor within
the Town of Babylon on any residential property.
(b)
There shall be an annual license fee of $200. If any person,
corporation, business or any other entity applies for a Class 8 license
and a Class 9, 10, 11A and/or 11B license simultaneously, then they
shall not be charged the individual fee for each class license, but
shall be charged a maximum fee of $250 in the aggregate, for all of
the class licenses.
(c)
To be eligible for a Class 8 license, the persons, corporations,
businesses or any other entities must:
[1]
Be certified by the Building Performance Institute (BPI) for
the following three categories: Building Analyst, Envelope Professional
(Shell-certified) and Heating Professional or Hydronic Heating Professional;
[2]
Have completed 10 building energy audits; and
[3]
Have general liability insurance in the sum of $500,000 naming
the Town of Babylon as an additional insured.
(d)
If the license applicant is a corporation, business or any other
entity, then a list of the employees who will be performing the building
energy audits on behalf of the corporation, business or any other
entity must be provided at the time of application. Each employee
listed must provide proof of 10 completed building energy audits.
I.
Class 9 license.
[Amended 12-10-2008 by L.L. No. 30-2008; 5-22-2009 by L.L. No.
12-2009; 11-5-2009 by L.L. No. 23-2009; 1-25-2011 by L.L. No.
3-2011]
(1)
License required; fee; eligibility.
(a)
A Class 9 license shall be required of all persons, corporations,
businesses or any other entity engaged as a building performance contractor
who can perform building performance modifications/improvements/construction
within the Town of Babylon on any residential property.
(b)
There shall be an annual license fee of $200. If any person,
corporation, business or any other entity applies for a Class 9 license
and a Class 8, 10, 11A and/or 11B license simultaneously, then they
shall not be charged the individual fee for each class license, but
shall be charged a maximum fee of $250 in the aggregate, for all of
the class licenses.
(c)
To be eligible for a Class 9 license, the persons, corporations,
businesses or any other entities must:
[1]
Be certified by the Building Performance Institute (BPI) for
the following two categories: Building Analyst and Envelope Professional
(Shell-certified);
[2]
Be a contractor licensed by the Suffolk County Office of Consumer
Affairs for at least one year in good standing without any open complaints;
[3]
Have completed 10 building energy performance contracts; and
[4]
Have general liability insurance in the sum of $1,000,000 naming
the Town of Babylon as an additional insured.
J.
Class 10 license.
[Added 1-25-2011 by L.L. No. 3-2011]
(1)
License required; fee; eligibility
(a)
A Class 10 license shall be required of all persons, corporations,
businesses or any other entity engaged as a building performance heating
systems contractor who can perform building performance heating system
modifications/improvements/installations within the Town of Babylon
on any residential property.
(b)
There shall be an annual license fee of $200. If any person,
corporation, business or any other entity applies for a Class 10 license
and a Class 8, 9, 11A and/or 11B license simultaneously, then they
shall not be charged the individual fee for each class license but
shall be charged a maximum fee of $250 in the aggregate, for all of
the class licenses.
(c)
To be eligible for a Class 10 license, the persons, corporations,
businesses or any other entities must:
[1]
Be certified by the Building Performance Institute (BPI) for
the following one category: Heating Professional or Hydronic Heating
Professional;
[2]
Hold a valid Town of Babylon Master Plumber's License; and
[3]
Have general liability insurance in the sum of $1,000,000 naming
the Town of Babylon as an additional insured.
K.
Class 11 A and B licenses.
[Added 1-25-2011 by L.L. No. 3-2011; amended 12-21-2016 by L.L. No. 18-2016]
(1)
License required; types of license; fee; eligibility.
(a)
A Class 11A license shall be required of all persons, corporations,
businesses or any other entity engaged as a contractor who can perform
building performance photovoltaic solar system modifications/improvements/installations
within the Town of Babylon on any property.
(b)
There shall be an annual license fee of $200. If any person,
corporation, business or any other entity applies for a Class 11A
license and a Class 8, 9, 10 and/or 11B license simultaneously, then
they shall not be charged the individual fee for each class license
but shall be charged a maximum fee of $250 in the aggregate, for all
of the class licenses.
(c)
To be eligible for a Class 11A license, the persons, corporations,
businesses or any other entities must:
[1]
Hold a valid Suffolk County Master Electrician's license for
at least one year in good standing without any open complaints;
[2]
Be in an established business for at least three years without
any open complaints with Suffolk County Office of Consumer Affairs
or the Better Business Bureau;
[3]
Have completed 10 building performance photovoltaic solar installations;
[4]
Have general liability insurance in the sum of $1,000,000 naming
the Town of Babylon as an additional insured; and
[5]
Must require all workers who will perform work on any property
located in the Town of Babylon to have completed the OSHA ten-hour
Construction Safety and Health Course.
(d)
A Class 11B license shall be required of all persons, corporations,
businesses or any other entity engaged as a contractor who can perform
building performance thermal solar system modifications/improvements/installations
within the Town of Babylon on any property.
(e)
There shall be an annual license fee of $200. If any person,
corporation, business or any other entity applies for a Class 11B
license and a Class 8, 9, 10 and/or 11A license simultaneously, then
they shall not be charged the individual fee for each class license
but shall be charged a maximum fee of $250 in the aggregate, for all
of the class licenses.
(f)
To be eligible for a Class 11B license, the persons, corporations,
businesses or any other entities must:
[1]
Hold a valid Suffolk County Master Electrician's license for
at least one year in good standing without any open complaints;
[2]
Hold a valid Town of Babylon Master Plumber's license;
[3]
Be an established business for at least three years without
any open complaints with Suffolk County Office of Consumer Affairs
or the Better Business Bureau;
[4]
Have completed 10 building performance thermal solar installations;
[5]
Have general liability insurance in the sum of $1,000,000 naming
the Town of Babylon as an additional insured; and
[6]
Must require all workers who will perform work on any property
to have completed the OSHA ten-hour Construction Safety and Health
Course.
L.
Class 12 licenses.
[Added 8-9-2017 by L.L.
No. 4-2017]
(1)
A Class 12 license issued by the Town of Babylon Sanitation Commission shall be required of all persons, corporations, businesses or any other entity operating a transfer station or recycled materials management (RMM) facility as defined in § 213-277 within the Town of Babylon.
(2)
There shall be an annual licensing fee for operating a transfer station
or RMM facility within the Town of Babylon. The licensing fee shall
be composed of a flat fee of $2,500.
(3)
All transfer stations and RMM facilities shall have affixed conspicuously
at the front of the building a license decal, issued by the Town of
Babylon, which shall indicate the license number, facility name, issuance
date and location.
(4)
The Town of Babylon Sanitation Commission shall determine the qualifications
of an applicant for a Class 12 license. In determining the qualifications
of an applicant for a Class 12 license, the Town of Babylon Sanitation
Commission shall consider:
(a)
The operating history of the facility or facilities which the
applicant has previously operated or is currently operating, whether
within or without the Town, and the extent to which the applicant
has demonstrated compliance with all local, county, state and federal
requirements for the operation of said facility or facilities.
(b)
Whether the operator has been granted a special exception permit
from the Town of Babylon Zoning Board of Appeals to operate a transfer
station or RMM facility. An applicant for a Class 12 license shall
obtain a special exception permit from the Zoning Board of Appeals
within six months of receiving a Class 12 license. At its sole discretion,
the Sanitation Commission may extend this time period upon finding
reasonable progress having been made by the applicant in application
for a special exception permit. A transfer station or RMM facility
classified as grandfathered would not require a special exception
permit from the Zoning Board of Appeals.
(c)
Previous or current violations issued to the applicant.
(d)
The appropriateness and suitability of the layout, dimensions,
lot area and operations of the facility or facilities operated by
the applicant, such that operation of facility or facilities will
not negatively impact public health, safety or the environment as
evidenced by:
[1]
Whether operation of the transfer station or RMM facility occurs
within an enclosed building, including but not limited to staging,
dumping, loading, processing and/or handling of the materials accepted
at the facility, with the exception of a facility meeting the definition
of a scrap metal processing facility.
[2]
Whether vehicles seeking to enter the site are not and will
not be queuing on the street.
[3]
The compliance history of the facility over the previous year.
[4]
Whether the outdoor area of the site and neighboring properties
are not littered with debris from the facility.
[5]
Whether the operation of the facility is not currently creating
nor in the future will result in the creation of excessive noise,
dust or odors.
[6]
Whether all impact mitigation equipment as required by requisite
law, rule, regulation or permit agencies has been maintained according
to manufacturers' specifications and remained functional during the
previous year's operation, and whether during any periods where such
mitigation measures at the facility were not functional due to a mechanical
malfunction, repairs had been undertaken within a reasonable period
of time.
[7]
Whether the facility is properly maintained and does not accept
or maintain materials that are not permitted pursuant to the NYSDEC,
Town of Babylon Zoning Board of Appeals approval or authorization
or Code of the Town of Babylon.
[8]
Such other factors deemed relevant to the operation of the facility
and its impact on the surrounding community.
(e)
Each year the licensee shall provide to the Town of Babylon Sanitation Commission and Town of Babylon Department of Environmental Control a copy of the facility's annual report submitted to NYSDEC that summarizes the volume of material recycled at the facility over the previous reporting year. Any persons operating a facility meeting the criteria for a Class 12 license who are operating without a Class 12 license are subject to the provisions of § 133-31, Penalties for offenses.
M.
Class 13 motor vehicle dismantler's license.
[Added 8-9-2017 by L.L.
No. 4-2017]
(1)
A Class 13 license issued by the Town of Babylon Sanitation Commission shall be required of all persons, corporations, businesses and any other entity operating as a motor vehicle dismantling facility within the Town of Babylon as defined in § 213-435 of the Code of the Town of Babylon. Any license to operate as a motor vehicle dismantler issued prior to the enactment of this subsection shall, upon its renewal, be deemed and construed to be subject to this chapter.
(2)
There shall be an annual licensing fee of $1,000 to receive a Class 13 license for operating as a motor vehicle dismantler within the Town of Babylon. This fee shall be additive to any other licensing fees as required pursuant to § 133-14.
(3)
All motor vehicle dismantlers shall have affixed conspicuously at
the front of the building a license decal issued by the Town of Babylon
which shall indicate the license number, facility name, issuance date
and location.
(4)
The Town of Babylon Sanitation Commission shall determine the qualifications
of persons making application for a Class 13 license and in doing
so shall consider:
(a)
The operating history of the applicant.
(b)
Whether the operator has been granted a special exception permit from the Town of Babylon Zoning Board of Appeals to operate as a motor vehicle dismantling facility. For an initial request for a Class 13 license, the operator shall receive a special exception permit from the Board of Appeals within six months of receiving a Class 13 license. At its sole discretion, the Town of Babylon Sanitation Commission may extend this time period upon finding reasonable progress made in the special exception permit application. A facility classified as a nonconforming motor vehicle dismantling facility would not require a special exception permit from the Zoning Board of Appeals pursuant to § 213-437C.
(c)
Previous or current violations issued to any solid waste management
facility owned or operated by the applicant.
(d)
The operation of any solid waste management facility owned or
operated by the applicant as evidenced by:
(e)
Each year the licensee shall provide to the Town of Babylon
Sanitation Commission and Town of Babylon Department of Environmental
Control a copy of the facility's annual report submitted to NYSDEC.
(5)
In applying for a motor vehicle dismantler's license, each applicant
shall submit to the Town of Babylon Sanitation Commission a written
application, supplying under affidavit the following information:
(6)
Any false statement in an application for a license hereunder or any violation of any of the provisions of this chapter or of any of the statutes, regulations or orders aforesaid shall cause an automatic revocation of any license issued hereunder. In addition, the Sanitation Commission may for any other cause revoke any Class 13 license after a meeting at which the licensee shall be afforded an opportunity to be heard. The foregoing penalties shall be in addition to the penalties in §§ 1-15 through 1-17 which may be imposed for violations of this Code.
(7)
Each license issued as provided herein shall be issued subject to
compliance by the licensee with all the requirements of Article 6
of the General Business Law, with § 1308 of the Penal Law[1] and with all other statutes now existing or which may hereafter be enacted affecting such business or the conduct thereof; subject, also, to compliance by the licensee with all rules, regulations or orders now existing or which may hereafter be made by the Town respecting such business or the conduct thereof; and, also, to compliance with the requirements of this chapter and Chapter 213.
[1]
Editor's Note: See now §§ 165.40 through 165.65
of the Penal Law.
(8)
An undertaking, in form satisfactory to the Sanitation Commission,
may at the option of the Sanitation Commission be accepted by the
Town to guarantee performance of any one or more of the requirements
of this chapter.
[Amended 12-18-2001 by L.L. No. 11-2001; 7-13-2004 by L.L. No. 19-2004; 6-19-2007 by L.L. No. 11-2007]
The Town Clerk shall issue a plate or tag for
each truck, container and compactor used by a licensee hereunder.
Such plate or tag shall be securely fastened and displayed at all
times in a conspicuous place on each such truck, rolloff, compactor,
container, collection box and/or dumpster. Failure to display said
tag or license plate in such a conspicuous place on any truck, rolloff,
compactor, container, collection box and/or dumpster is a violation
of this section.
Each license issued hereunder shall be valid
for the calendar year for which it was issued and may be renewed upon
application to the Commission for such renewal and upon payment of
the required annual fees, provided that the licensee has satisfactorily
complied with the provisions of this chapter and with the regulations
of the Sanitation Commission adopted hereunder. The application for
each license shall be verified under oath by the applicant. Licenses
issued hereunder shall not be transferable. The plate or tag issued
for each vehicle used by the licensee may be transferred to any replacement
vehicle upon five days' written notice to the Town Clerk. No permission
granted pursuant to a license issued hereunder may be further delegated,
by subcontract or any other arrangement, whereby a licensed or nonlicensed
operator agrees to collect solid waste in consideration of any payment
whatsoever to another licensed operator.
In order to provide information to the Town
Board regarding the financial impact of disposal and collection costs
on entities within the Town, the Commission may from time to time
require licensees to submit reports detailing the rates charged, levels
of service provided and such other pertinent information.
