[HISTORY: Adopted by the Town Board of the Town of Stafford 9-1-1983 by L.L. No.
2-1983. Amendments noted where applicable.]
A clean, wholesome, attractive environment is declared to be
of importance to the health and safety of the inhabitants of the Town
of Stafford 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,
sanitary, municipal or industrial waste disposal areas, landfill sites,
landspreading sites, or similar land uses is a hazard to such health,
safety and welfare of the citizens of the Town necessitating the elimination
or control thereof. At the same time, it is recognized that the maintenance
of a transfer station, spreading area, public dump, dumping grounds,
refuse disposal area or landfill site owned, operated and permitted
by the Town may be useful and necessary. By the adoption of this chapter,
the Town Board of the Town of Stafford declares its intent to regulate
in a manner consistent with the interest of the citizens of the Town
of Stafford the spreading, dumping or otherwise disposing of garbage,
refuse, rubbish, sanitary, industrial or municipal waste, ash, offensive
materials and similar waste materials on the land within the Town.
Disposing of all these materials can adversely affect the development
of the Town and the health of its residents unless it is properly
and carefully regulated. Therefore, recognizing the above and the
need of the Community for an adequate and well regulated procedure
in the exercise of its police powers in these regards, be it enacted
by the Town Board of the Town of Stafford as follows.
[Amended 5-11-1992 by L.L. No. 1-1992]
This chapter shall apply to dumping, spreading or otherwise
disposing of offensive materials upon all lands and bodies of water,
public or private, including disposal transfer stations and recycling
facilities, within the Town of Stafford.
As used in this chapter, the following terms shall have the
meaning indicated:
Includes animal excrements, manure and vegetation such as
is commonly found on a farm.
The residue of the combustion of solid fuels, such as wood,
coal, coke, charcoal or like substances.
Includes any parcel of land where refuse or garbage is collected
and temporarily stored for transfer to a waste disposal facility.
[Added 11-18-1991 by L.L. No. 1-1991; amended 5-11-1992 by L.L. No.
1-1992]
Includes any land or body of water whereon or wherein garbage,
refuse, ash, sanitary, municipal or industrial waste, sewage, rubbish
or other offensive material might be disposed, including, but not
limited to, areas designated as dumps, dumping grounds, refuse disposal
areas or stations, sanitary, municipal or industrial waste disposal
areas, landspreading sites, landfill sites or similar land use areas.
Includes putrescible wastes, such as waste food, or parts
thereof, fruit and vegetable matter of any kind, animal, fish and
fowl used as food for human consumption and includes spoiled foods
and dead animals found within the Town limits.
Includes processed wastes from manufacturing, commercial
or industrial processes and including sewage or other substances into
which such wastes have been, inadvertently or advertently, introduced.
Includes all sewage collected from a municipality's
sewage system.
Includes garbage, industrial waste, municipal waste, refuse,
ash and other materials emitting obnoxious odors or capable of creating
toxic contamination of lands, waters or air.
Includes an individual, society, club, business, firm, partnership,
municipality, public agency, private agency, corporation or association
of persons, and the singular number shall include the plural number.
Includes any parcel of land where refuse or offensive materials
are collected, processed, stored or handled with the primary objective
of recycling materials which are reusable.
[Added 11-18-1991 by L.L. No. 1-1991; amended 5-11-1992 by L.L. No.
1-1992]
Includes all nonputrescible wastes, such as metal, metal
cans, ashes, cinders, grass, pottery, paper, concrete, cardboard,
rags, bottles, rubbish, wood, lumber and all other discardable substances,
other than garbage, industrial, municipal and sanitary waste.
Persons having their domiciles within the limits of the said
Town of Stafford, Genesee County, New York.
Includes sewage containing human, animal or household waste
from septic systems or other individual sewage collection devices
other than a public municipal sewage system.
[Amended 5-11-1992 by L.L. No. 1-1992]
The use of private or public lands, including disposal transfer
stations and recycling facilities, within the Town of Stafford as
a sanitary landfill site, sanitary, industrial or municipal waste
disposal area, landspreading area or dump, dumping ground or storage
or disposal facility for industrial waste, ash, sanitary waste, refuse,
municipal waste, garbage or other offensive material is hereby prohibited,
except as hereinafter provided.
No person shall bring into or cause to be brought into or left
within the Town any animal, fish or fowl waste, excrement, discharge,
secretion or feces or any dead animal, fish or fowl intended to be
dumped or buried, except as herein provided.
[Amended 11-18-1991 by L.L. No. 1-1991; 5-11-1992 by L.L. No. 1-1992]
The use of any lands, streams or bodies of water, private or
public, within the Town of Stafford as a dump, dumping ground, landspreading
area, storage or disposal facility for any ash, refuse, garbage, sanitary
or industrial waste, municipal waste, wastepaper, rags, scraps of
any kind or description, or any discarded material commonly termed
"junk" or "trash," or other offensive materials is hereby prohibited
except upon the issuance of a special use permit.
[Amended 11-18-1991 by L.L. No. 1-1991; 5-11-1992 by L.L. No. 1-1992]
No person, not a resident of the Town of Stafford, shall deposit
ash, garbage, refuse, industrial waste, sanitary waste, municipal
waste, or other offensive material of any kind on premises designated
as a Town dump by the Town of Stafford.
[Amended 11-18-1991 by L.L. No. 1-1991; 5-11-1992 by L.L. No. 1-1992]
A.
No person shall deposit, throw or cause to be deposited any substance
of any kind on a Town dump except at the places and in the manner
directed by resolution adopted from time to time by the Town Board
of the Town of Stafford or by a person in charge of the premises under
the authority of the Town Board.
B.
No person shall deposit, throw or cause to be deposited any substance
of any kind at a disposal transfer station or recycling facility unless
such station shall be operating pursuant to a current special use
permit issued by the Town Board of the Town of Stafford and in the
manner directed by resolution adopted from time to time by the Town
Board and in the manner further described in the special use permit.
The rules and requirements of the permittee shall also be followed
insofar as they are not inconsistent with this chapter and the resolutions
and special use permit passed by the Town Board.
Before any Town resident shall be permitted use of any Town
dump, which may be created in the future by the Town Board of the
Town of Stafford, which use is for the purpose of disposing of any
industrial waste, or before any Town resident shall be permitted use
of a Town dump for the purposes of disposing of any ashes, refuse,
garbage, sanitary waste, municipal waste, or other offensive material
from other than his own household or business, he shall procure a
valid permit from the Town Clerk. The Town Board, by resolution, may
adopt a schedule of fees for issuance of a dump permit to any Town
resident. The Town Board may impose such conditions on the permit
as it may be necessary to further the health, safety and welfare of
the residents of the Town of Stafford. The holder of said permit shall
be responsible for displaying the permit upon the request of any Town
official who asks that it be produced.
A.
Any person may apply for a special use permit from the Town Board
of the Town of Stafford to allow the operation by the applicant of
a disposal transfer station or recycling facility. Said permit may
be limited by the Town Board of the Town of Stafford in any manner
consistent with law. Such disposal transfer station or recycling facility
shall not accept refuse or garbage from any person, either at a disposal
transfer station site or recycling facility or at a person's
home or place of business, unless said person possesses a valid, current
permit to use the facilities of the disposal transfer station or recycling
facility duly issued by the Town Clerk.
[Amended 11-18-1991 by L.L. No. 1-1991; 5-11-1992 by L.L. No. 1-1992]
B.
Any person may apply for a special use permit from the Town Board
of the Town of Stafford to allow landspreading of sanitary waste from
septic tanks and agricultural waste on property located within the
Town. Such an applicant must possess a current waste transporter permit
from the New York State Department of Environmental Conservation pursuant
to 6 NYCRR Part 364. A special use permit may not be granted for the
disposal of municipal wastes from a municipal sewer system, nor for
industrial wastes or any other offensive material other than that
specified herein.
C.
An applicant seeking a special use permit for a disposal transfer
station, recycling facility or for landspreading shall follow procedures
established by resolution of the Town Board of the Town of Stafford,
or established by ordinance hereinafter enacted. In granting or denying
such a permit, the Planning Board for its recommendation may consider:
[Amended 5-11-1992 by L.L. No. 1-1992]
(1)
The unique characteristic of the proposed use;
(2)
The protection of the health, safety and welfare and convenience
of the public;
(3)
The intrusion upon the ability of surrounding landowners to enjoy
the use of their property;
(4)
The effect on the value of other property in the surrounding area;
(5)
The compatibility of the use with adjoining land use and the character
of the zone district where it is to be located;
(6)
The adequacy of landscaping and screening;
(7)
The conformity of the use with all applicable statutes, ordinances,
and regulations governing the district where located and governing
health and environmental protection;
(8)
The vulnerability of the particular waste material or offensive material
to contamination by impermissible substances;
(9)
Such other consideration as the Town Board shall deem relevant.
D.
A special use permit, if granted, may be issued for an initial period
of no more than one year and shall be reviewed annually thereafter.
In issuing any such permit, the Town Board may impose such terms and
conditions as the Town Board deems necessary and reasonable to accomplish
the aims, purposes and requirements of this chapter.
[Amended 5-11-1992 by L.L. No. 1-1992]
A violation of any of the provisions of this chapter, or of
any conditions imposed in a dump permit or special use permit issued
by the Town Clerk or of the resolutions of the Town Board regulating
Town dumps, disposal transfer stations, recycling facilities and landspreading
sites, shall subject the violator to a revocation of the permit and
a denial to use any Town dump facility, disposal transfer station,
recycling facility or landspreading site for disposal purposes. Said
violator shall further be subject to any other penalties provided
for in this chapter.
No person shall remove or transport or permit the removal or
transportation of any offensive material within or through the Town
of Stafford except in such manner or by such conveyance as will prevent
the creation of a nuisance or the loss or discharge of such material
in any place, public or private, except as otherwise provided herein.
All such material shall be so handled and covered so it cannot escape
or be accessible to rodents, flies, or other insects or create a nuisance.
No provision of this chapter shall be deemed to prohibit an
owner or tenant of real property from disposing of his own agricultural
waste and ash on his own land, provided that any such disposal of
agricultural waste and ash shall conform to other requirements of
the laws and regulations of the State of New York, and further provided
that such agricultural waste and ash does not contaminate the soil
or waters of adjoining landowners.
Notwithstanding any other provision of law or ordinance of the
Town of Stafford, any person who commits, causes or permits any acts
in violation of any of the provisions of this chapter shall be guilty
of an offense and, upon conviction, shall be subject to a fine of
not more than $250 or imprisonment not exceeding 15 days, or both
such fine and imprisonment. Should violations of the provisions of
this chapter continue, each day such violation continues shall constitute
a separate violation. Each separate violation shall be punishable
as herein set forth.
In addition to the penalties provided herein, the Town Board
may also maintain an action or proceeding in the name of the Town
in a court of competent jurisdiction to compel compliance with or
to restrain by injunction the violation of this chapter. If the Town
Board prevails in such litigation, the violator shall be obligated
to pay the court costs and attorneys' fees incurred as a result of
such litigation.
This chapter shall not prohibit the establishment by the Town
Board of a public dump or refuse disposal area owned and operated
by the Town from time to time. No land or waters, other than the lands
of a public dump or dumping ground heretofore or hereafter established
by the Town, shall be used as a dump, dumping grounds, refusal disposal
area or a landfill site in said Town, except as herein provided.
All ordinances or regulations heretofore adopted in relation
to waste disposal in the Town of Stafford are still in force unless
inconsistent with this chapter, and this chapter shall prevail in
the event of inconsistencies.
