No person, operator, transporter or carter shall dispose of
solid waste of any kind or nature within the Town, regardless of origin.
The siting and operation of a disposal facility, landfill and/or other
such facilities where solid waste is disposed of permanently within
the Town by any person, operator, transporter or carter is not permitted
under this chapter.
No person, operator, transporter or carter shall use an incinerator
within the Town to thermally break down solid waste of any kind or
nature, including refuse-derived fuel, to an ash or other residue
that contains little or no combustible materials regardless of origin.
The siting and operation of an incinerator within the Town by any
person, operator, transporter or carter is not permitted under this
chapter.
Solid waste management facilities of any type which primarily
process or handle hazardous wastes, medical wastes or radioactive
wastes are prohibited within the Town.
No person, operator, transporter, or carter shall apply, dispose
or deposit by land application sewage sludge, or septage of any kind
or nature, within the Town, regardless of origin. The siting and operation
of a land application facility or property site for sewage sludge
and septage of any kind or nature within the Town by any person, operator,
transporter or carter is not permitted under this chapter. Notwithstanding
the foregoing, soil conditioners, potting soils and the like containing
treated sewage sludge or septage which are sold in bags or containers
by retail stores and garden centers for home garden use are not prohibited.
Legally acceptable agricultural practices are exempt and/or permitted.
No person, operator, transporter or carter shall throw or cause
to be thrown, deposit, carry or leave or cause to be carried or left
in or upon any Town, state or county public highway, street or place
or any public or private lands within the Town any solid waste, refuse,
garbage or any material, waste or offal of any kind upon the premises
which creates or may thereafter create a nuisance of any kind or which
shall be or may become dangerous to the health, safety and welfare
of the public or to the environment.
No person, operator, transporter or carter shall dispose of
solid waste in any wetland nor shall any disposal of such wastes or
operation of a solid waste recovery and management facility result
in the contamination of any wetland by leachate.
No person shall construct, modify or operate a solid waste management facility within the Town except with site plan approval and a special use permit issued by the Planning Board in accordance with the procedures set forth in Chapter 195, Zoning, of the Code of the Town of Wawayanda and in this chapter. To the extent there is a conflict between the terms of Chapter 195 and this chapter, the terms contained in this section shall govern.
A.
General. Any person who is required to have site plan approval and a special use permit shall make application for such approval and permit consistent with this chapter and with Chapter 195, as applicable. All applications made in accordance with this chapter shall be subject to and comply with the requirements of the New York State Environmental Quality Review Act (SEQRA) and the regulations implementing SEQRA, and applicants shall be responsible for providing such data as may be required to determine the environmental significance of any environmental impacts associated with such actions.
B.
Proposed facilities and modifications to existing facilities: special
use permits and site plan approval required.
(1)
Proposed facilities. Any person proposing to construct a solid waste
management facility shall submit to the Town Planning Board, on forms
provided by the Planning Board, a complete application for site plan
approval and a special use permit.
(2)
Proposed modifications to existing facilities. Any person proposing
to modify the use of a solid waste management facility in a manner
which is not reflected in a site plan approval and a special use permit
issued pursuant to this chapter shall submit to the Town Planning
Board, on forms provided by the Planning Board, a complete application
for a site plan approval and a special use permit reflecting such
proposed modification. Among the acts constituting modification are
the following:
(a)
Expansion or movement of the facility operation to land, acquired
by purchase, lease or otherwise, which has not been the subject of
any application under this chapter.
(b)
Expansion of the facility operation to a portion of property
which has been the subject of application under this chapter but which
is not used in the facility's existing permitted operation.
(c)
Expansion of the facility by the installation of additional
processing equipment and/or building structures which increase the
approved design capacity and/or permitted capacity of the facility
or changes in the facility process.
(d)
Addition of any waste stream or waste type not previously approved
or any change in waste type accepted at the facility.
Form and content of applications generally.
A.
Applications submitted pursuant to this section shall contain at
least the following information:
(1)
The name, address, and telephone number of the applicant, together
with the name of the person to contact for further information, if
the applicant is not an individual.
(3)
A facility operations plan to include, at a minimum, a description
of the proposed facility operations processes, a description of the
equipment that will be used, the times of operation, and expected
types, source and quantities of materials to be received and processed
at the facility, including an outline of throughput duration. This
plan must also include operations and maintenance schedules and distribution
of any product and by-product residues.
(4)
All engineering plans, reports and specifications submitted by the
applicant shall be prepared by a person or firm registered to practice
professional engineering in the State of New York and shall be completed
in accordance with the guidelines set forth in this chapter and state
and federal laws and regulations applicable to such facility.
(5)
If a federal or state permit is required, copies of all such permits
and/or permit applications must be submitted.
(6)
If required by the NYSDEC, a facility leachate management plan must
be submitted describing the facility's drainage system and the
amount with supporting calculations of leachate generated by the facility,
including leachate from cleaning areas that have come into contact
with solid waste, and the method to collect, store, dispose of the
leachate.
(7)
If required by the NYSDEC, a contingency plan that sets forth measures
at the facility to mitigate the risks of hazards from the facility's
operations and identifies the response actions for use in event of
an on-site emergency which includes a description of actions to be
taken by facility employees in the event of a fire, a spill or release
of waste fluids, explosion, vectors, or if unauthorized material is
received at the facility and other incidents that could threaten human
health or safety or the environment. The plan should demonstrate compliance
with emergency planning and hazards mitigation requirements established
under federal, state and local laws, including, but not limited to,
requirements established by New York State's Emergency Management
Office, requirements pursuant to the federal Emergency Planning and
Community Right-to-Know Act and the federal Clean Air Act's Accidental
Release Prevention Program.
(8)
A plan for handling community complaints.
(9)
Information describing the facility closure plan, decommissioning
process and/or demolition of the facility at the end of its projected
useful life.
B.
Signature and verification of applications.
(1)
All applications for permits shall be accompanied by evidence of
authority to sign the application and shall be signed by the applicant
as follows:
(a)
In the case of corporations, by a duly authorized principal
executive officer of at least the level of vice president.
(b)
In the case of a partnership, by a general partner.
(c)
In the case of a sole proprietorship, by the proprietor.
(d)
In the case of a limited liability company, by the managing
member or a majority of all members, if there is no managing member.
(e)
In the case of a municipal, state or other governmental entity,
by a duly authorized principal executive officer or elected official.
(2)
Applications shall be sworn to or affirmed by or on behalf of the
applicant in respect to all statements of fact therein.
(3)
A material false statement or omission made by the applicant in connection
with the application shall be sufficient cause for denial of the application
or revocation of a prior approval.
A.
Hearing and decision.
(1)
The Planning Board shall fix a time, within 62 calendar days from
the day an application for site plan approval and a special use permit
is determined to be complete by the Planning Board, for the hearing
of any matter referred to it under this chapter. It shall give public
notice of such hearing at least 10 calendar days prior to the hearing
in a newspaper of general circulation in the Town and by posting information
about the public hearing on the Town's website. In addition to
such published notice, the Planning Board shall cause notice to be
given of the substance of the application, together with notice of
the hearing thereon, by causing notices thereof to be mailed by certified
mail or other means at least 10 days before the date of said hearing
to the owners of all property abutting that held by the applicant
in the immediate area (whether or not involved in such application)
and all other owners within 600 feet from the exterior boundaries
of the land involved in such application, as the names of said owners
appear on the last completed assessment roll of the Town. It shall
be the applicant's responsibility to issue any or all of the
notices required by this section. Provided that due notice has been
published as above required and that there shall have been substantial
compliance with the remaining provisions of this section, the failure
to give notice in exact conformance herewith shall not be deemed to
invalidate action taken by the Planning Board in connection with the
determination of any application.
(2)
Prior to the public hearing, the applicant shall submit to the Planning
Board an affidavit sworn and subscribed before a notary public containing
the following information: names and addresses of all such property
owners; a statement verifying that all such property owners'
names and addresses are contained on the list; and a statement that
all such property owners were properly served with subject notice
of public hearing. The applicant shall simultaneously submit the certified
mail return receipts for all property owners served along with the
affidavit.
(3)
At the public hearing, the applicant shall submit such proof or evidence by testimony or documents, as may be appropriate, that the application conforms to the requirements of this chapter and Chapter 195.
(4)
The Planning Board shall render a decision on the application within
62 business days after such hearing is closed. The time within which
the Planning Board must render its decision may be extended by mutual
consent of the applicant and the Planning Board. It shall not, however,
grant approval before a decision has been made with respect to environmental
impacts pursuant to SEQRA. The decision of the Planning Board shall
be filed in the office of the Town Clerk and a copy thereof mailed
to the applicant within five business days after such decision is
rendered.
B.
Referrals. The Planning Board is authorized to refer special use
permit applications and proposed site plans to other agencies, groups,
or professionals employed or used by the Town for review and comment
and to charge the applicant fees for any reasonable expenses connected
therewith. The Planning Board, in particular, shall ensure that the
requirements of § 239-m of the General Municipal Law regarding
review by the Orange County Planning Department are met.
A use that was the subject of site plan and special use permit
approval that has been discontinued for a period of two or more years
after approval shall be deemed to have lapsed.
Criteria for permits for proposed facilities and modification
to a facility. No permit shall be issued for the construction and/or
operation of a solid waste management facility or for the modification
of a solid waste management facility unless:
B.
The applicant submits to the Planning Board copies all federal and
state permits required by the proposed facility.
C.
If the facility adjoins the right-of-way of an existing state highway
or county road or is within 500 feet of a municipal boundary, appropriate
permits or approvals must have been obtained by the applicant from
the state and/or county, as the case may be, and submitted with the
application, granting access from the facility to such highway or
road.
D.
The Planning Board shall find that the location and size of the facility,
the nature and intensity of its operations involved in or conducted
in connection therewith and its site layout will be in harmony with
the appropriate and orderly development of the zoning district in
which it is proposed to be situated and will not be detrimental to
or hinder the orderly development of the surrounding neighborhood
in accordance with the zoning classification of the properties in
such neighborhood.
E.
The facility provides for a buffer zone of not less than 200 feet
from any boundary line wherein no waste shall be stored or processed.
F.
The facility contains not less than 10 acres and not more than 50
acres of land.
The provisions of each special use permit issued pursuant to this chapter shall ensure that the permitted activity will have no significant adverse impact on public health, safety or welfare, the environment or natural resources and that such activity will comply with the design and operation standards set forth in § 152-17 of this chapter, with SEQRA, and with applicable federal and state permits.
The Town Planning Board shall require from a permit holder a
form of surety or financial responsibility acceptable in form and
content to the Town Board and the Attorney for the Town in an amount
determined by the Town Board to cover the cost of the facility closure
plan on file with the Town. Such financial assurance shall be provided
in advance of commencement of construction.
There shall be present at the facility at all times during the
course of its operation an operator who shall continuously be responsible
for the operation of the facility during the time that he is present
thereon. No facility shall be operated unless an operator is physically
present on the premises.
A.
General requirements for all solid waste management facilities.
(1)
Any person who designs, constructs, maintains or operates any solid
waste management facility shall do so in conformance with the requirements
of this chapter, and all applications for permits pursuant to this
chapter shall demonstrate specific means proposed for compliance herewith.
(2)
All proposed facilities, regardless of size or throughput, must comply,
at a minimum, with all applicable federal, state and county requirements
for such facilities in addition to the requirements contained in this
chapter. In the event that any law, rule or regulation of the federal,
state and/or county government applicable to facilities of this type
or nature shall be more stringent than those set forth in this chapter,
the more stringent regulations shall be deemed incorporated herein
by reference and shall be fully and completely complied with by the
owner and operator of the facility.
(3)
All facilities uses covered and allowed under this chapter are considered
special uses and, therefore, require a special use permit and site
plan approval issued by the Town Planning Board in accordance with
this chapter. These facilities may be permitted as a special use in
the MC1 Zoning District only.
(4)
A person may apply for more than one site plan approval and special
use permit for facilities allowed under this chapter.
(5)
Subject to the requirements of Chapter 195, Zoning, of the Town Code, this Chapter is not intended to restrict or prohibit the storage and/or recovery or recycling of farm products in accordance with generally accepted farming practices, nor is this chapter intended to prevent or prohibit the storage of such materials by individual landowners for their own use or by retail landscape stores and/or garden centers that store not more than the amount of finished product reasonably expected to be sold at retail.
(6)
For the purposes of this chapter, the Town finds that the storage
of organic material and the recovery or recycling of the same is not
a farm practice unless such facility or farm is operated in conjunction
with an ongoing farm operation for the purpose of annual crops or
the recycling or recovery of animal wastes. A farm is defined in this
chapter and in the relevant sections of the Agriculture and Markets
Laws of the State of New York.
B.
Siting.
(1)
Facilities shall not be placed on primary or principal aquifers.
(2)
Facilities shall not be placed within 500 feet of a health care facility,
educational facility, library, community center, park, or playground.
The distance of 500 feet shall be measured from the boundary lines
of the facility to the boundary lines of the property containing these
uses. Any expansion of the facility must comply with this minimum
distance.
C.
Design.
(1)
Facilities shall install appropriate wing walls, shielding or barriers, such as trees, berms or walls around the facility to attenuate noise. Such measures may not be constructed of solid waste such as tires, stacking of vehicles, or baled municipal solid waste. These requirements are in addition to the obligation to meet noise limit requirements in § 152-17D(16).
(2)
Facility administrative buildings shall be located between sources
of noise and receptors, if possible.
(3)
Facility openings, such as truck bay doors, shall be oriented away
from receptors, if possible.
(4)
Blowing papers and litter shall be confined to the facility site
by fencing or other suitable means. Such measures may not be constructed
of solid waste such as tires, stacking of vehicles, or baled municipal
solid waste.
(5)
Raw or partially treated waste shall not be deposited in and shall
be prevented from entering surface waters or groundwater.
(6)
Leachate or other fluids from a facility shall not be allowed to
drain or discharge into surface waters except pursuant to a state
pollutant discharge elimination system permit issued by the NYSDEC
and shall not contravene groundwater quality standards established
by said department.
(7)
All facility on-site roads, entrances and exits, parking, queuing,
tipping and loading areas shall be paved or made of concrete.
(8)
Facilities shall have on-site and/or off-site queuing areas adequate
to prevent traffic entering the facility from backing up onto public
roads. Any off-site queuing areas shall be sited, designed and operated
in accordance with similar on-site facility requirements of this chapter.
Queuing of vehicles on any public road is prohibited.
(9)
Facilities shall use odor control processes and equipment that capture
and neutralize odors as they are ventilated from the facility, such
as an activated carbon odor control system or scrubber system. Misting
systems that mask odors with deodorants may be used, but only in conjunction
with other processes described in this subsection.
(10)
Facilities shall have active control measures for air ventilated
from buildings receiving and processing waste pursuant to NYSDEC standards.
(11)
Facilities shall employ measures, such as negative air pressure
systems, to prevent release of odors from building doors, including
vehicle entrance and exit doors.
(12)
The proposed facility shall provide for a buffer zone of not
less than 200 feet from the property boundary line wherein no waste
shall be stored or processed.
D.
Operation.
(1)
Salvaging, if permitted at the facility, shall be controlled within
a designated salvage area and shall not interfere with facility operation
nor create hazards or nuisances.
(2)
Access to facilities by transporters and carters shall be permitted
only when an operator is on duty, except for designated queuing areas.
(3)
Facility doors shall be kept closed except when vehicles are entering
or exiting buildings.
(4)
Idling equipment and queuing trucks shall be turned off in accordance
with prevailing state regulations and with any idling limitation provisions
in the special use permit.
(5)
The facility shall take measures specified in the facility contingency
plan to monitor all incoming vehicles for unpermitted waste.
(6)
At least once a year, at least 30 calendar days prior to the anniversary
date of the issuance of the site plan approval and special use permit
herein, the person to whom the permit was issued shall submit to the
Town Clerk of the Town a certified report that shall summarize community
complaints and any permit violations and resolution of the same.
(7)
A solid waste management facility shall only receive solid waste
from the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, and
from 7:00 a.m. until 2:00 p.m. on Saturday.
(8)
Access to and use of the facility shall be controlled by fencing,
gates, signs or other suitable means. Such measures shall not be constructed
of solid waste such as tires, vehicles or baled municipal solid waste.
(9)
All transporter vehicles, either inbound or outbound to or from the facility, shall do so in accordance with § 152-18 of this chapter.
(10)
Vectors. Facilities must prevent and control vectors, including,
but not limited to, rodents, insects, and other pests, and any condition
conducive to vectors, so vectors shall not constitute nuisances or
hazards to the public health and safety.
(a)
Facilities shall seal or screen openings such as door and window
frames, vents, masonry cracks and utility structure points of entry
such as wires and pipes.
(b)
Facilities shall implement practices to reduce vector attraction,
including removal of all solid waste from tipping areas at the end
of the day and washing tipping areas daily.
(c)
Operators shall conduct routine inspection of the facility for
potential vector habitat and take corrective action when needed.
(11)
Dust. The facility shall employ effective dust control measures
to ensure that dust generation is suppressed at all times and does
not migrate off site. On-site entrances, exits, parking, queuing and
roads used to transport solid wastes shall be kept free of dust and
mud through the use of mechanical street sweeping equipment and/or
misting equipment.
(12)
Odors. Facilities shall control odors in a manner to prevent
a nuisance to off-site properties.
(13)
Facilities shall keep the public roads immediately adjacent
to the facility clean and free of debris.
(14)
Safety hazards to all persons on the facility shall be minimized.
(15)
Facilities shall not release fluids, including, but not limited
to, leachate, oil, fuel, hydrologic and hydraulic fluid to the ground
or to surface water, except pursuant to a state pollutant discharge
permit issued by the NYSDEC and shall not contravene applicable surface
water/groundwater quality standards established by said Department.
(16)
The operations of a facility shall comply with NYSDEC noise
regulations or the Town's noise law, whichever is more restrictive.
(17)
Open burning shall be prohibited.
(18)
Waste shall be confined to an area which can be effectively
maintained, operated and controlled.
(19)
Floors of facility buildings and structures, including, but
not limited to, those used for solid waste handling, processing, sorting,
and storage, equipment maintenance, and chemical or fuel store storage
must be free from standing water. All drainage from cleaning areas
must be collected and discharged in a manner authorized by the Town.
All drainage systems shall be kept clean, unclogged and functioning
and shall be maintained to prevent leachate and wash water from accumulating
or flowing onto public streets, roads or highways as defined in § 134
of the New York State Vehicle and Traffic Law.
(20)
Community complaint plan. The facility owner shall be responsible
for implementation of the community complaint plan pursuant to the
requirements of this chapter.
(21)
Copies of all correspondence, reports and permit applications
required to be filed with the New York State Department of Environmental
Conservation must be submitted to and filed with the Town Clerk at
the same time they are submitted to NYSDEC.
(22)
Facilities shall be maintained and operated so as to function
in accordance with the permit issued pursuant to this chapter and
the designed and intended use of the facility. Equipment in use at
each facility shall be maintained to operate effectively.
(23)
Contingency plans approved by the NYSDEC and/or the Planning
Board for emergency situations shall be implemented in accordance
with the plan's terms.
(24)
The owner of any active or inactive facility, either with or
without a permit under this chapter, shall, upon permanent termination
of use, properly close and maintain such facility so as to prevent
adverse environmental or health impacts, such as, but not limited
to, contravention of surface water or groundwater quality standards,
gas migration, odors and vectors. Permanent termination of use shall
include those situations where a facility has not received waste for
one year or more, where a permit has automatically expired pursuant
to this chapter and termination of use resulting from permit denial
or order of the Commissioner of the NYSDEC or a court. Specific closure
measures are subject to approval of the Planning Board.
(25)
The owner or operator of the facility shall consent, as a condition
to the special use permit, to unannounced entry upon the facility
during normal business hours by the Building Inspector of the Town
who shall have full authority to inspect the entire operation and
facility to determine compliance with this chapter. The refusal to
permit such Building Inspector of the Town to enter upon the premises
at any time shall be deemed a violation of this chapter.
(26)
On-site entrances, exits, parking, queuing areas and roads shall
be maintained passable and safe at all times. All vegetation on facility
property shall be controlled to prevent encroachment into fire access
lanes or driveways and to decrease the potential of fire.
(27)
Equipment used in the operation of the facility shall be contained
within the property line, and under no circumstances shall such equipment
be stored on Town roads or public highways as defined in § 134
of the New York State Vehicle and Traffic Law.
(28)
A sign, no smaller than four feet by four feet, shall be posted
at all entrances to the facility and shall conspicuously indicate
the hours of operation, the types of waste it accepts and does not
accept and the complaint telephone number.
(29)
No stationary equipment or nonroad motor vehicle at the facility
that operates outdoors shall cause or permit the emission of a visible
air contaminant past the facility property boundary.
(30)
All stationary equipment and nonroad motor vehicles at the facility
shall be maintained properly and shall be inspected annually. All
stationary equipment and nonroad motor vehicles at the facility that
operate outdoors shall be inspected annually while in operation to
ensure the equipment is operating properly to minimize air contaminant
emissions, taking into account the model year and design capabilities
of the engine.
(31)
All permitted facilities for solid waste receipt, tipping, sorting,
processing, compaction and storage areas shall include appropriate
fire detection and protection equipment and aisle space.
(32)
There shall be adequate ingress and egress at the facility to
accommodate emergency vehicles. There shall be adequate space at the
facility to accommodate emergency vehicles.
A.
All solid waste transported by vehicles within the Town, by any person,
operator, transporter or carter, must be transported in such a way
so as not to allow particulates, fluids, leachate and other matter
to escape.
B.
No person, operator, transporter or carter shall transport waste
over a Town road in any vehicle which shall exceed 102 inches in width.
C.
All vehicles entering or leaving a facility shall comply with Town Code Chapter 180, Vehicles and Traffic, as it may be amended from time to time.
D.
No inbound vehicles seeking entrance to a facility shall park or
idle on any public road.
E.
All vehicles transporting solid waste must have the following information:
the owner of the vehicle, the vehicle number, and a phone number for
citizen complaints. The information must be contained on both sides
and back of the vehicle at a height, size and color to be fully visible.
Applications for special use and site plan applications. Applicants seeking site plan approval and a special use permit for the construction, modification and/or operation of a solid waste management facility within the Town shall pay such fees and establish such escrow deposits as may be established or amended from time to time under Chapter 88, Escrow Deposits, and Chapter 90, Fees, of the Town Code. The Planning Board will not entertain any such applications until the applicant has paid the fees and made the escrow deposit as required by Chapters 88 and 90.
Any offense committed by a person against any provision of this
chapter, or any failure of the owner or operator of a facility to
comply with any provision or condition contained in any approval or
permit issued pursuant to this chapter, shall be subject to enforcement
action as follows:
A.
Facility operations.
(1)
If the Town Building Inspector, Town Code Enforcement Officer or
other duly authorized representative of the Town (such as the Town's
engineer) determines that a facility is operating in violation of
its approved site plan or special use permit, the inspector shall
serve written notice of violation to the person owning the facility
and to the facility operator.
(2)
Such notice will require the owner and/or operator to take immediate
action after service of notice to remedy the violation. If the violation
is not remedied within 30 calendar days after said notice, the Town
Building Inspector, the Town Code Enforcement Officer or the Town
Board may bring an action against the owner and/or the operator in
the Town of Wawayanda Court or other court of competent jurisdiction.
For facilities found previously to have violated their site plan approval
and/or special use permit, the Town Building Inspector, the Town Code
Enforcement Officer or the Town Board may immediately bring an action
against the owner and/or the operator in the Town of Wawayanda Court
or other court of competent jurisdiction. If the owner and/or the
operator are found guilty of the violation, the Town of Wawayanda
Court or other court of competent jurisdiction may impose fines in
an amount not to exceed $1,500 per day per violation or imprisonment
for a period not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense shall constitute, for each day the
offense is continued, a separate and distinct violation. The Town
Planning Board may terminate the site plan approval and the special
use permit of any facility found guilty of three violations of this
chapter of any kind. The Town Board may also seek injunctive relief
to prevent the continued violation of this chapter.
(3)
Notwithstanding the above, if the Town Building Inspector, Town Code
Enforcement Officer or other duly authorized representative of the
Town (such as the Town's engineer) determines that immediate
remedial action must be taken to prevent a potentially hazardous condition
from causing damage to the public, property, or the environment, the
facility owner, if possible, shall be served with a written notice
of violation advising that immediate corrective action be taken to
relieve the hazardous condition and that failure to immediately undertake
such action and pursue to completion with all due diligence shall
result in a call for all or a portion of the financial surety without
further notice.
B.
Transporters or carters.
(1)
If a duly authorized representative of the Town determines that a
vehicle owned by a transporter or carter is in violation of this chapter,
the Town shall serve written notice of violation to the person owning
the vehicle.
(2)
Such notice will require the owner to take immediate action after
service of notice to remedy the violation. For a transporter or carter
transporter not previously determined to be in violation of its permits,
the transporter or carter can remedy the violation within 30 days
without penalty. If the violation is not remedied within 30 days after
said notice, the Town Building Inspector, the Town Code Enforcement
Officer or other duly authorized representative of the Town may bring
an action against the owner in the Town of Wawayanda Court or other
court of competent jurisdiction. If the owner is found guilty of the
violation, the Town of Wawayanda Court may impose fines in an amount
not to exceed $500 per day per violation or imprisonment for a period
not exceeding 15 days, or by both such fine and imprisonment. The
continuation of an offense shall constitute, for each day the offense
is continued, a separate and distinct violation.
(3)
Notwithstanding the above, if the Town Building Inspector, the Town Code Enforcement Officer or other duly authorized representative of the Town (such as the Town's engineer) determines that immediate remedial action must be taken to prevent a potentially hazardous condition from causing damage to the public, property, or the environment, the transporter or carter shall be served with a written notice of violation advising that immediate corrective action shall be taken to relieve the hazardous condition and that failure to immediately undertake such action and pursue to completion with all due diligence shall result in a tripling of the penalty set forth in § 152-20B(2).
C.
Littering. Any person who litters in violation of this chapter shall
be guilty of an offense within the meaning of the Penal Law of the
State of New York and, upon conviction thereof, shall be subject to
a fine of not less than $250 nor more than $750 or by imprisonment
for a period not exceeding 15 days, or both such fine and imprisonment.
Each day that a violation is permitted to exist shall constitute a
separate offense.
The Town Board may, after 15 calendar days' notice and
an opportunity for a hearing, revoke any permit issued pursuant to
this chapter if the person holding such permit violates any provision
of this chapter or any provision or condition contained in any permit
issued pursuant to this chapter or if the Town determines the application
upon which the permit was issued contained false or materially misleading
information. Such remedy shall be in addition to the penalties and
remedies prescribed in this chapter.
In addition to the penalties and remedies provided above, an
action or proceeding in the name of the Town may be commenced in any
court of competent jurisdiction to compel compliance with or restrain
by injunction the violation of any provision of this chapter or the
provisions and conditions contained in any permit issued pursuant
to this chapter.
The Town of Wawayanda Town Board shall have the right to waive, when reasonable, any of the siting, design and operation requirements pursuant to § 152-17 of this chapter, other than such requirements as may be required by state or federal statute or regulation. This waiver authority may be exercised in the event that such requirements are found not to be requisite to the health, safety and welfare of the public and the environment or are inappropriate to a particular site plan. Any such waiver shall be subject to the following procedures and conditions:
A.
An owner may petition the Wawayanda Town Board to waive siting, design and operation standards in § 152-17 of this chapter. In such instance, the owner shall submit to the Town Clerk one original and 11 copies of a signed application which shall contain at least the following:
(1)
The name, address and telephone number of the owner, together with
the name of the person to contact for further information, if the
owner is not an individual.
(2)
An overview of the proposed project.
(3)
A facility site plan prepared by a licensed engineer, as well as
a key map showing the facility's location in the Town of Wawayanda.
(4)
A full environmental assessment form, prepared by a licensed professional
engineer or other environmental professional.
(5)
Requested waiver(s) with a substantive explanation of the need for
each waiver being sought.
(6)
Any other information the Town Board deems relevant.
(7)
A sum of money to establish an escrow account pursuant to Chapter 88 of the Code of the Town of Wawaynda in an amount to be determined by the Town Board which will reimburse the Town for the costs paid by the Town to the Town Engineer and other designated Town consultants for reviewing the application.
B.
The Town Clerk shall forthwith file the original of the application
and forward the copies as follows: two to the Town Supervisor, who
shall in turn forward one copy to an engineer retained by the Town
Board for review and recommendations; one to each remaining Town Board
member; one to the Attorney for the Town; three to the Chairman of
the Town Planning Board; and one to the Orange County Department of
Planning, with a request for a report and recommendation when required
by the General Municipal Law § 239-m.
C.
The Town Board shall consider the application at its first regular
meeting occurring at least 30 calendar days following the filing of
a complete application for a waiver with the Town Clerk or at such
other time as the Town Board shall determine.
D.
Notice of hearing; affidavit required.
(1)
The Town Board shall fix a time, within 62 calendar days from the
day an application for a waiver is determined to be complete by the
Town Board, for the hearing on the applicant's request for a
waiver. It shall give public notice of such hearing at least 10 calendar
days prior to the hearing in a newspaper of general circulation in
the Town and by posting information about the public hearing on the
Town's website. In addition to such published notice, the Town
Board shall cause notice to be given of the substance of the application
for a waiver, together with notice of the hearing thereon, by causing
notices thereof to be mailed by postal card or other means at least
10 days before the date of said hearing to the owners of all property
abutting that held by the applicant in the immediate area (whether
or not involved in such application) and all other owners within 600
feet from the exterior boundaries of the land involved in such application,
as the names of said owners appear on the last completed assessment
roll of the Town. It shall be the applicant's responsibility
to issue any or all of the notices required by this section. Provided
that due notice has been published as above required and that there
shall have been substantial compliance with the remaining provisions
of this section, the failure to give notice in exact conformance herewith
shall not be deemed to invalidate action taken by the Town Board in
connection with the determination of any application.
(2)
Prior to the public hearing, the applicant shall submit to the Town
Clerk an affidavit sworn and subscribed before a notary public containing
the following information: names and addresses of all such property
owners; a statement verifying that all such property owners'
names and addresses are contained on the list; and a statement that
all such property owners were properly served with subject notice
of public hearing. The applicant shall simultaneously submit the certified
mail return receipts for all property owners served along with the
affidavit.
E.
The Town Board shall conduct a public hearing affording all interested persons an opportunity to speak. At the conclusion of the public hearing, the Town Board may direct the applicant to submit any additional information it deems necessary to make a determination of the application. The Town Board shall formally act on said application no later than 62 calendar days after the close of the public hearing. The time within which the Town Board must render its decision may be extended by mutual consent of the applicant and the Town Board. It shall not, however, grant approval before a decision has been made with respect to environmental impacts pursuant to SEQRA or before receiving and considering the recommendation of the Planning Board, as described in Subsection F below.
F.
Prior to acting upon the application for a waiver, the Town Board
shall obtain a written recommendation from the Planning Board as to
whether the waiver should be granted. The Planning Board shall furnish
such recommendation within 30 calendar days after completion of any
technical and SEQRA reviews necessary to the issuance of a facility
special use permit pursuant to this chapter. If the Planning Board
fails to provide such recommendation within the thirty-day period,
then the Town Board shall be free to proceed with the application.
Any recommendation by the Planning Board shall be advisory only and
shall not be considered binding upon the Town Board.
G.
Criteria for waiver determination. In considering an application for the waiver of standards in § 152-17, the applicant must demonstrate to the satisfaction of the Town Board that:
(1)
Achieving the standard will result in hardship to the applicant that
would result in preventing a reasonable return as demonstrated by
competent financial evidence. Mere evidence that the costs to comply
with the Town standards are greater than compliance with other local
government's standards shall not be deemed a hardship.
(2)
The applicant proposes an alternative method for achieving the standards
required by this chapter.
(3)
A cost-benefit analysis of the alternative method and the standard
sought to be waived.
