[HISTORY: Adopted by the Board of Trustees of the Village of Islandia as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-7-1988 by L.L. No. 22-1988]
The purpose of this chapter is to facilitate the disposal of solid waste generated within the village in the most economical and environmentally acceptable manner, avoid the high cost to dispose of solid waste off Long Island and recover those recyclable wastes which can be marketed or used for secondary purposes.
The intent of this chapter is to ensure that the location of the facilities approved under this chapter does not adversely affect the enjoyment and value of residential or other properties, and that any adverse impacts of such a facility, in particular truck traffic, noise, emissions of dust and odors, congestion on adjacent roadways and blighting or unsightly conditions, are eliminated or minimized.
Prior to the issuance of a permit for a transfer/recycling center, an application shall be reviewed and approved by the Board of Trustees of the Village of Islandia. Approval will be based on the following criteria and requirements:
Submission of a site plan to the Village Board of Trustees. The plan shall include the precise location of all buildings, structures, employee and truck parking, loading, unloading and traffic areas, internal circulation, container storage areas, storage areas for recycling and any other information deemed pertinent to an adequate review of the proposal. All requirements for the submission and issuance of building permits and change of use permits shall be met.
A minimum lot area of four acres and the right to require a greater lot area. Such a requirement will be based on the scale of operation as measured by the size of the buildings proposed for the site, the volume of solid waste handled on a daily basis and the requirements for vehicle parking and movement or a finding that the operation cannot be adequately screened from adjoining property.
A minimum distance of 1,000 feet from property zoned for residential use.
Submission of a route plan to indicate that traffic generated by the facility will have a minimal impact on residential streets.
Provision of adequate lanes for vehicles entering the facility.
All sorting, baling, processing, crushing and similar intensive activity associated with the facility, including the storage of all containers containing recyclable and any other materials, shall be contained inside a completely enclosed building.
Outdoor use of the property shall be restricted to the parking and maneuvering of vehicles and the storage of empty containers.
The storage of said containers shall be restricted to locations specifically identified on the site plan. This equipment shall be located and screened in such a manner so as to not be visible from the street or from adjoining properties.
On-street parking of vehicles, containers or any other equipment or materials in any way connected with the facility shall be prohibited.
Where feasible, truck loading and unloading areas shall not face the street.
A minimum of 25 feet landscaping, including street trees, shall be planted and maintained along all street frontages and such plan shall be subject to the approval of the Village Engineer.
An eight-foot-high chain link fence with stockade attached shall be installed and maintained directly behind said landscaped areas.
The maximum height of the facility shall not exceed 30 feet.
Protective barriers around those portions of the building vulnerable to damage from vehicle movements shall be provided.
Application for variances from the requirements governing minimum lot area and minimum distances from residences shall be made to the Village Board.
Grant and acceptance of this permit shall constitute consent to allow inspection of the premises by the Village Engineer for the purpose of ensuring compliance with this section. Inspection shall be upon reasonable prior notice to the permit holder.
Up-to-date permits from the State Department of Environmental Conservation must be on file with the village for all solid waste plants (transfer/recycling centers).
This chapter shall take effect immediately as prescribed by applicable law.
[Adopted 10-5-2000 by L.L. No. 2-2000]
The improper storage of garbage and refuse, and indiscriminate littering, is a detriment to the preservation of public health, the protection of property and the safety and welfare of the residents of the Village of Islandia. The control of the types and storage of garbage containers to prevent depredation by animals and the prevention of unsightly littering are therefore regulated for the preservation of the public health, safety and welfare of the residents of the Village of Islandia.
The provisions of this article shall apply to every person or persons owning property or residing or doing business within the limits of the Village of Islandia.
The collection and disposal of refuse shall be under the supervision of the Board of Trustees, who shall have authority to make or modify, from time to time, such regulations pertaining to the collection and disposal of refuse as may be deemed advisable in the public interest, provided that such regulations are not contrary to the intent of this article.
As used herein, the following words shall mean and are hereby defined as follows:
- BULK WASTE
- An item of solid waste larger than two feet by two feet by four feet or heavier than 50 pounds. The weight and size of each item of bulk waste shall not exceed the capability of being picked up by two workers of average physique. Some examples of bulk waste are: a couch, a chair, a television and a tree stump under 100 pounds.
- CONSTRUCTION DEBRIS
- Any solid waste material defined under 6 NYCRR 3601.2(6), (22) and (33).
- Household food waste.
- HAZARDOUS SUBSTANCES
- Has the same meaning as defined in 6 NYCRR Part 364, as the same may be amended from time to time.
- Garbage, refuse and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- An individual, partnership, association, corporation, limited liability company or professional corporation.
- Land, buildings, or other structures, vehicles or parts thereof; upon or in which the refuse or garbage is stored.
- RECYCLABLE MATERIAL
- Any material source-separated from the solid waste stream so designated in regulations adopted by the Village of Islandia, from time to time, generally limited to materials which can be recovered, processed and reused for the original or a different purpose, which shall include but not be limited to paper and paper products, cardboard, metals, glass and plastic containers. In no event shall material contaminated by garbage, refuse or rubbish be considered recyclable material.
- All solid waste, including garbage, ashes and rubbish, but not including human body wastes.
- All other solids other than ashes and garbage.
- SOLID WASTE
- Materials or substances discharged or rejected as being spent, useless, worthless or in excess to the owner at the time of such discard or rejection, except sewage and other highly diluted water-carried materials or substances and those in gaseous form. Such wastes shall include, but are not limited to, garbage, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal, abandoned vehicles, agricultural waste, industrial waste, commercial waste and construction and demolition debris, discarded household appliances and furniture.
- UNREGULATED MEDICAL WASTE
- Material that has come in contact with body fluids that can normally be disposed of in a sanitary sewer system and by a local waste hauler.
- YARD WASTE
- Leaves, grass clippings, garden debris, shrubs, branches and similar material as designated by the Board of Trustees.
All refuse on premises serviced by the Village of Islandia shall be separated and stored in the following manner:
Garbage shall be stored in durable, rust-resisting, nonabsorbent, watertight and easily washable containers, which shall have close-fitting covers and adequate handles or bails to facilitate collection, and which shall be not less than 10 gallons nor more than 30 gallons in capacity. Containers shall be covered at all times except while refuse is actually being placed or deposited in such containers. It shall be unlawful for any person to, in any manner, disturb such containers or to remove the covers or the contents from such refuse containers except in accordance with the provisions of this article.
The owner shall maintain containers free from odor and in clean and good condition thereof. In the event that a container on premises serviced by the Village of Islandia becomes dangerous or is liable to injure or hinder the person collecting the contents thereof, said container shall be replaced by the owner thereof with a proper and safe container within one week after the receipt of a written notice from Code Enforcement.
An adequate number of containers shall be used for each of the several classes of refuse to properly store such refuse until the regularly scheduled collection time.
Solid waste that cannot readily be placed in containers shall be reduced in volume as much as possible and securely tied to permit safe and speedy handling.
Recyclables shall not be contaminated by garbage, refuse or rubbish and shall be placed out for collection once each week on the day designated for such collection by the Board of Trustees.
Yard waste shall be collected once each week, as designated by the Board of Trustees. Up to six bundles of branches or six bags of leaves (no grass clippings) will be collected at one time. Bundles must be securely tied, and branches shall not exceed four feet in length nor 50 pounds in weight. Leaf bags shall be sturdy and not overfilled to cause breakage.
Bulk items shall be collected once each week on the day designated by the Board of Trustees. Up to three bulk items may be placed out for collection at one time. Bulk items include chair, light sofa (sofa beds must be dismantled), kitchen appliance (with doors removed), mattress.
All refuse to be collected by the Village of Islandia shall be placed, deposited or stored in one easily accessible location immediately adjacent to the paved roadway. The number of garbage containers shall not exceed six.
All refuse shall be placed out for collection prior to 6:00 a.m. on the designated collection day, but in no event more than 12 hours prior. All containers shall be removed and stored within 12 hours after collection.
All refuse shall be collected by the Village of Islandia according to the following schedule:
No collection shall be made on legal holidays, and the weekly collection schedule shall be reduced accordingly by reason of such holidays.
Neither the village nor its agents or employees shall be responsible for the collection or disposal of material not intended for collection but placed in error with the garbage or rubbish. The village will not be responsible for failure to render collection services to premises where conditions prevent safe, easy and ready access.
The Village of Islandia will not accept for collection refuse material which is not prepared, stored or placed for collection in accordance with the provisions of this article, including, but not limited to, material not properly segregated, material in unsafe, inadequate or overloaded containers, material not placed at the designated collection point.
Under no condition shall there be placed in any garbage or rubbish container any broken glass, metal with jagged or sharp edges or other material liable to injure the collector, unless properly packaged.
Under no condition shall there be placed out for collection dangerous materials or substances, such as poisons, acids, caustics, infected materials and explosives.
Loose items such as tree limbs, branches or small amounts of lumber will not be accepted for collection unless cut and properly placed in a container not to exceed 50 pounds or tied in bundles as described in this article.
Building materials from either new buildings or remodeled buildings shall be disposed of by the contractor and shall not be placed at the curb for village collection. Residents performing their own remodeling may be required to secure a dumpster for the removal of their building materials. Such decision and the placement of the dumpster shall be made by written notice from Code Enforcement.
Under no condition shall there be placed at the curb for village collection general clean-up of the contents of or debris from a garage, basement or household which would, in the opinion of Code Enforcement, be an unreasonable quantity and require the resident to secure an alternate means of disposal. Such decision shall be made by written notice from Code Enforcement.
Any person, corporation or association violating any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not less than $50 nor more than $1,000 or a term of imprisonment not exceeding 15 days, or both fine and imprisonment.