[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]
A.
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.
B.
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:
A.
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.
B.
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.
C.
A minimum distance of 1,000 feet from property zoned
for residential use.
D.
Submission of a route plan to indicate that traffic generated
by the facility will have a minimal impact on residential streets.
E.
Provision of adequate lanes for vehicles entering the
facility.
F.
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.
G.
Outdoor use of the property shall be restricted to the
parking and maneuvering of vehicles and the storage of empty containers.
H.
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.
I.
On-street parking of vehicles, containers or any other
equipment or materials in any way connected with the facility shall be prohibited.
J.
Where feasible, truck loading and unloading areas shall
not face the street.
K.
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.
L.
An eight-foot-high chain link fence with stockade attached
shall be installed and maintained directly behind said landscaped areas.
M.
The maximum height of the facility shall not exceed 30
feet.
N.
Protective barriers around those portions of the building
vulnerable to damage from vehicle movements shall be provided.
O.
Application for variances from the requirements governing
minimum lot area and minimum distances from residences shall be made to the
Village Board.
P.
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.
Q.
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.
A.
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.
B.
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:
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.
Any solid waste material defined under 6 NYCRR 3601.2(6), (22) and
(33).
Household food waste.
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.
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.
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.
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.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.
A.
All refuse shall be collected by the Village of Islandia
according to the following schedule:
B.
No collection shall be made on legal holidays, and the
weekly collection schedule shall be reduced accordingly by reason of such
holidays.
C.
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.
A.
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.
B.
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.
C.
Under no condition shall there be placed out for collection
dangerous materials or substances, such as poisons, acids, caustics, infected
materials and explosives.
D.
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.
E.
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.
F.
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.
