Garbage, rubbish and refuse — See Ch. 72.
Junk shops and scrap processors — See Ch. 79.
Property maintenance — See Ch. 84.
Zoning — See Ch. 110.
§ 89-3Solid waste transfer station requirements.
§ 89-4Conditions of permit.
§ 89-5Solid waste transfer station restrictions.
§ 89-6Penalties for offenses.
The purpose of this chapter is to establish rules and regulations appertaining to the use, management and control of an area of land, title to which is held by the operator/owner of the solid waste transfer station. Said area shall hereafter be referred to as the "solid waste transfer station," and its use shall at all time hereafter be subject to the provisions contained herein as well as to such provisions of 6 NYCRR 360-11 as shall have specifically been incorporated herein by law.
As used in this code, the following terms shall have the meanings indicated:
- CONSTRUCTION AND DEMOLITION DEBRIS
- Refuse resulting from construction, remodeling, repair and demolition of structures. Such wastes include bricks, concrete and other masonry materials, soil, rock, stones and lumber.
- HOUSEHOLD APPLIANCE
- Any appliance of a type customarily used in a residence and shall include, by way of illustration and not of limitation, refrigerators, washers, dryers, stoves, microwaves, toasters, blenders, hot water heaters, vacuum cleaners, humidifiers, air conditioners, television sets, radios, stereos or components thereof and computers.
- Solid waste transfer stations may be located only in R-A and H-D Zones by special exception as approved by the Town Planning Board only after site plan review.
- LOT SIZE
- Minimum lot size shall be 20 acres. The Planning Board may require a larger minimum lot area and road frontage if necessary to safely accommodate the nature and scale of the proposed use.
- The person who is responsible for the operation of the solid waste transfer station.
- Any individual, public or private corporation, political subdivision, government, agency, apartment or bureau of the state or federal government, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity.
- Anything intended to be deposited at any site with the solid waste transfer station.
- RESTRICTED REFUSE
- None of the following refuse may be deposited at the solid waste transfer station: chemicals which are of a caustic or toxic nature or which are harmful to human health, explosives, flammable liquids, radioactive materials, seepage, motor vehicles or any single part thereof exceeding 100 pounds in weight.
- The contents of a septic tank, cesspool or other individual sewage treatment facility, which received domestic or commercial sewage, wastes.
- SOLID WASTE TRANSFER STATION
- A combination of structures, machinery or devices at a place or facility where solid waste is taken from collection vehicles and placed in larger transportation units for movement to another solid waste management facility, and also includes an area where brush, tree limbs, tree trunks, logs and other similar materials are deposited; a solid waste management facility, including a recyclable handling and recovery facility or a construction and demolition debris processing facility where solid waste is received for the purpose of subsequent transfer to other solid waste management facilities for further processing, treatment, transfer or disposal.
- TYPE 1 APPLIANCE
- Any household appliance containing a refrigerant, i.e., refrigerator, freezer, air conditioner, etc.
The applicant shall provide proof to the Board that the landowner has consented to the operation of a transfer station.
The applicant, prior to applying for a special exception use permit under this code, shall have applied for and satisfied all required federal, state and county permits. The applicant shall have been issued all permits required by federal, state and county governments for the processing of solid waste at the site prior to the issuance of a use permit pursuant to this code.
The applicant shall have obtained site plan approval by the Town Planning Board.
The requirements of articles of this chapter shall be complied with, as applicable. The Planning Board shall establish side and rear yard buffers as part of the site plan review. Such use is reasonable, necessary and will be in harmony with and promote the general interests and welfare of the surrounding community.
Notwithstanding the foregoing, the Planning Board shall have the authority to grant such area variances, as it shall deem appropriate, pursuant to Town Law § 274-b.
The proposed use will not preclude the orderly and reasonable use of adjacent property. No solid waste will be maintained permanently on site.
The site is particularly suitable for the location of such use in the community.
The access facilities are adequate for the estimated traffic from public streets so as to ensure the public safety and to avoid traffic congestion.
There is room for creation of off-street parking and truck-loading spaces at least in the number required by the applicable provisions of this code, but in any case, adequate for the actual anticipated number of occupants of the proposed use, whether employees, patrons or visitors and, further, that the layout of spaces and related facilities can be made convenient and conducive to safe operation.
The proposed use will not pose risks to the public health or safety.
The characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, and senior citizens' residence, recreational area or other place of public assembly.
Adequate buffer yards and screening shall be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use.
Adequate provision shall be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate.
The natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or destruction of important natural features, systems or processes and without significant negative impact to groundwater and surface water on and off the site.
The lot area is sufficient, appropriate and adequate for the use, as well as reasonably anticipated operation expansion thereof.
The proposed use shall comply with all provisions of this code and of the codes which are applicable to it and must meet every other applicable federal, state, county and local law, ordinance, rule or regulation.
The proposed use will not result in unacceptable levels of noise, vibration, smoke, dust, or noxious gases nor negatively impact upon air quality.
The applicant shall provide a description of all material to be transferred, stored and processed on the site, in addition to providing a general operating plan as part of the site plan review.
A public hearing shall be held before the Planning Board pursuant to articles of the Code of the Town of Potsdam prior to any final approval being granted for the application.
The operator of the solid waste transfer station shall at all times be in compliance with all federal, state, county and town laws, provisions of use permits, ordinances, rules and regulations, storage, processing and disposal of solid waste.
The Board may limit the term of the permit, as it shall determine in its sole discretion.
The Board may limit hours per day of operation upon a finding that such a limit is necessary.
The Board may require that the applicant post a bond with sufficient surety upon a finding that such a bond is necessary to protect the value of the property, character of the neighborhood and the public health and safety.
The Board may impose such other reasonable conditions and restrictions as it shall deem appropriate.
Tipping and processing of solid waste shall only occur in enclosed structures as approved by the Town of Potsdam.
The applicant shall pay the application fee, which will be set by Town Board resolution from time to time.
The following are restrictions on the solid waste transfer station:
Chemicals which are of a caustic or toxic nature or which are harmful to human health, explosives, flammable liquids, radioactive materials, seepage, motor vehicles or any single part thereof exceeding 100 pounds in weight.
The Town of Potsdam Planning Board, as part of its site plan review, shall determine daily operations of refuse tonnage.
The daily operation schedule shall be determined so not to interfere with private sector home life.
Any person committing an offense against any chapter or article of this code for which a different penalty is not specifically provided shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable for each offense by a fine of not more than $1,000 a day or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Each day that an offense continues shall constitute a separate violation.