[Adopted 2-18-1970 by L.L. No. 1-1970; amended in its entirety 10-26-1989 by L.L. No.
2-1989 (Ch. 48 of the 1975 Municipal Code)]
A.
For the purpose of this article, the terms, phrases, and words used
herein shall be as defined in the New York State Environmental Conservation
Law and the implementing regulations promulgated by the New York State
Department of Environmental Conservation or, if not defined therein,
shall have the meaning ordinarily given thereto.
B.
The terms "garbage," "trash" and "refuse" shall be deemed to include
vehicular tires and tire casings, and solid waste resulting from any
processing technique that renders the individual waste components
unrecognizable.
The Town Transfer Station for the purpose of dumping garbage,
trash, construction and demolition debris, refuse and brush shall
be known as the Town of Saugerties Transfer Station, formerly the
lands of Charles Keefe, situated on the southerly side of Route 212
about 1/2 mile west of Shultis Corners in the Town of Saugerties.
[1]
Editor's Note: In this section and throughout the Code, references
to "sanitary landfill" and "landfill," when referring to the Town
of Saugerties Sanitary Landfill, were revised to reference the municipal
"transfer station" 4-6-2011 by L.L. No. 3-2011.
[Amended 4-6-2011 by L.L. No. 3-2011]
The use of any lands other than the Town of Saugerties Transfer Station within the limits of the Town of Saugerties, exclusive of any incorporated Village therein, for dumping of garbage, trash, construction and demolition debris, refuse and brush is hereby prohibited. The use of any lands within the limits of the Town of Saugerties, exclusive of any incorporated Village therein, for a construction and demolition debris disposal facility or a construction and demolition debris processing facility for construction and demolition debris originating, collected, accumulated, received, processed or otherwise acquired from any area outside the lands of the Town of Saugerties is hereby prohibited, except as permitted in § 204-4B.
A.
Business permits. No person, firm, corporation or partnership shall
engage in the business of the collection of garbage, trash, brush,
construction and demolition debris, or refuse in the Town of Saugerties
without first having requested a permit from the Town Clerk. Upon
submission of this request to the Town Board and upon approval of
such request by said Board according to such terms, fees and conditions
as may be set by said Board by resolution, the Town Clerk shall issue
a permit to run for the period set by the Town Board.
B.
Special permits.
(1)
No person, firm, corporation or partnership shall operate, maintain
or continue to maintain a construction and demolition debris disposal
facility or a construction and demolition debris processing facility
in the Town of Saugerties without first having requested and obtained
a special permit from the Town Board of the Town of Saugerties. Application
for such special permit shall be made to the Town Board of the Town
of Saugerties and shall contain the following information:
(a)
The name and address of the applicant;
(b)
A plan drawn to scale indicating by metes and bounds the land
upon which the disposal facility or processing facility is to be maintained,
the area intended to be used as a disposal facility or processing
facility in the future, and the area for which a permit, if any, has
been granted by the Department of Environmental Conservation, and
all streams and public roads within 500 feet of any present or intended
disposal facility or processing facility;
(c)
A list of equipment available for use in maintaining the disposal
facility or processing facility site;
(d)
The name and address of each individual who will be in charge
of the disposal facility or processing facility site during hours
of operation;
(e)
The type of construction and demolition debris to be accepted
or processed;
(f)
Liability insurance policy, including pollution coverage, and
form of surety or financial responsibility, conditioned upon compliance
with the terms of the special permit issued to such holder and the
regulations set forth in this article or any pertinent laws or regulations
of the State of New York or the United States of America, satisfactory
to the Town Board of the Town of Saugerties; and
(g)
Such additional information and items as may be required by
the Town Board as set by Board resolution.
(2)
The special permit fee for the operation of a construction and demolition
debris disposal facility or processing facility shall be as set by
the Town Board of the Town of Saugerties by resolution and shall be
in addition to the actual expenses incurred by the Town Board in connection
with the application procedure for each calendar year or portion thereof
and shall be payable in full at the time of the application.
(3)
A special permit issued for a construction and demolition debris
disposal facility or processing facility hereunder shall be valid
for the calendar year for which it was issued and, upon application,
may be renewed on a year-to-year basis thereafter. All applications
shall be acted upon by the Town Board of the Town of Saugerties within
90 days of filing with the Town Clerk of the Town of Saugerties, together
with payment of all applicable fees. No special permit shall be effective
until approved by the Town Board of the Town of Saugerties at a regular
meeting.
(4)
The Town Board may revoke or refuse any special permit previously
issued for the operation of a construction and demolition debris disposal
facility or processing facility or a license for the collection of
garbage, trash, brush, construction and demolition debris or refuse
in the Town of Saugerties, if the Board finds, after investigation
and hearing, that the disposal facility, processing facility, or collection
of solid waste hereunder has been in violation of the regulations
set forth in this article or any pertinent laws or regulations of
the State of New York or the United States of America.
(5)
In no event shall a special permit to operate a construction and
demolition debris disposal facility or processing facility be issued
for the purpose in whole or in part of placing or processing any construction
and demolition debris originating, collected, accumulated, received,
processed, or otherwise acquired outside the lands of the Town of
Saugerties into or onto any land or water in the Town of Saugerties.
The use of the municipal transfer station facility shall be
restricted to the dumping of garbage, trash, brush, construction and
demolition debris and refuse as shall have originated, accumulated,
been received, collected and processed within the lands of the Town
of Saugerties inclusive of any incorporated Village therein. All persons
desiring to use this facility within the provisions of this article
must obtain from the Town Clerk or other authorized persons a permit
authorizing entry to and use of the transfer station site. Any person
desiring to use said transfer station site shall affix the sticker
representing such permit to the front left area of the vehicle so
as to be readily visible to the transfer station operator, and preferably
to the left front bumper of the vehicle used for transporting such
garbage, trash, brush, construction and demolition debris and refuse.
Any person desiring to use said transfer station site for the dumping
of construction and demolition debris shall first separate the debris
into identifiable individual waste components.
The municipal transfer station shall be open at all reasonable
hours during the week, exclusive of certain holidays, as may be designated
by the Town Board from time to time. Entry to the site will be allowed
only during hours of operation.
No person shall at any time engage in the removal of any object
from the transfer station premises nor will loitering be allowed other
than the necessary time needed to dispose of garbage or refuse.
[Added 11-20-2013 by L.L. No. 2-2013]
A.
The maximum speed at which vehicles (including, without limitation,
automobiles, trucks and motorcycles) may be operated on all roads
within the Town of Saugerties transfer station property is hereby
established at 15 miles per hour. Operating a vehicle at a speed in
excess of 15 miles per hour shall be a violation punishable by a fine
in accordance with Section 1180 of the Vehicle and Traffic Law of
the State of New York.
B.
The speed limit within the transfer station shall be enforceable
by the Town of Saugerties Police Department or any other police agency
having jurisdiction.
C.
The Superintendent of Highways is hereby authorized to erect speed
limit signs within the Town of Saugerties transfer station property
designating the speed limit on all roads within the transfer station
to be 15 miles per hour.
The violation of any of the provisions of this article shall
constitute a misdemeanor. Any person violating any such provisions
shall be punishable by a fine of not more than $1,000 or imprisonment
for up to one year in jail, or both. Each day that a violation continues
shall be deemed a separate offense. In instances of the placement
or processing of construction and demolition debris into or on any
land or water of the Town of Saugerties in violation of this article,
each load shall be considered a separate offense and, in addition,
the violator shall be responsible for removal and lawful disposal
of the construction and demolition debris unlawfully placed or processed.
