A clean, wholesome, attractive environment is
declared to be of importance to the health and safety of the inhabitants
of the Town of Phelps and the safeguarding of their material rights
against unwarrantable invasion and for the protection of public health,
and in addition, such an environment is deemed essential to the maintenance
and continued development of the economy of the Town and the general
welfare of its citizens. It is further declared that the establishment
or operation of private dumps, dumping grounds, refuse disposal areas,
landfill sites or similar land uses is a hazard to such health, safety
and welfare of the citizens of the Town, necessitating the elimination
thereof. At the same time, it is recognized that the maintenance of
a public dump, dumping ground, refuse disposal area or landfill site
owned and operated by the Town is useful and necessary. It is hereby
declared that the prohibition of private dumps, dumping grounds, refuse
disposal areas or landfill sites or other similar use for the deposit
of, burying of or disposal of, in any matter whatsoever, offal, garbage,
trash, refuse, rubbish and like wastes, and that the maintenance of
a public dump, dumping grounds, refuse disposal area or landfill site
is necessary to provide a single confined area for disposal of waste
which will facilitate the inspection of facilities for disposal of
waste and facilitate the enforcement of sanitary regulations.
No lands other than lands of a public dump or
dumping ground heretofore or hereafter established by this Town shall
be used as a dump, dumping ground, refuse disposal area or as a landfill
site in said Town.
[Amended 6-5-1995 by L.L. No. 1-1995]
The use of land by anyone, even by the owner
or anyone acting with or under his permission, as a private dump,
dumping ground, refuse disposal area or landfill site is prohibited,
and the use of said land for the deposit, burying or disposal in any
manner whatsoever of all offal, garbage, trash, refuse or rubbish
is also hereby prohibited.
This chapter shall not prohibit the establishment,
by the Town Board, of public dumps, dumping grounds, refuse disposal
areas or landfill sites owned and operated by the Town, from time
to time.