[HISTORY: Adopted by the Town Board of the Town of Harrison 5-7-2009 by L.L. No.
1-2009. Amendments noted where applicable.]
It is the intention of the Town/Village Board to maintain a
clean, wholesome and attractive community and to guard against the
creation of nuisances and conditions that may endanger the health,
safety and welfare of the residents; spread disease; create fire hazards;
reduce the value of properties; interfere with the use and enjoyment
of adjoining properties and interfere with the comfort and well being
of the public.
As used in this article, the following terms shall have the
meanings indicated:
Any container for the collection of construction waste, construction
garbage, refuse or other construction rubbish with four cubic yards
of capacity or larger.
Any portable container, receptacle or device of a type commonly
used for the temporary storage of personal property, and specifically
including those storage facilities generally referred to as a portable
on demand storage unit (PODS).
Temporary Storage Containers may only be used by homeowners
and contractors within the Town/Village of Harrison during the specific
period of time that a valid building permit or certificate of occupancy
remains in force for construction on a homeowner's residence.
Furthermore, a valid permit must be obtained from the Town/Village
by either the homeowner or contractor before the unit is delivered
in Harrison. This permit must be displayed in a conspicuous place
on the enclosed temporary storage container at all times.
A.
Before a Temporary Storage Container unit can be located and utilized
by a resident in the Town/Village of Harrison, a permit is required
to be obtained from the Building Inspector. The permit application
shall be signed by the homeowner or the owner of the property where
the container or portable on demand storage unit is to be placed.
B.
No permit shall be valid for longer than five months.
The following requirements shall apply to the placement and
use of temporary storage units:
A.
It shall be unlawful for any person or entity to place or permit
the placement of a Temporary Storage Container on property located
within the Town/Village without obtaining a written permit as provided
above.
B.
Only one Temporary Storage Container shall be located on any one
property at any given time.
C.
Temporary Storage Container shall be limited to a maximum size of
9 feet in height, 10 feet in width and 20 feet in length.
D.
Temporary Storage Container shall not be located in any portion of
the front yard, other than on a driveway or other paved surface. When
placed on a driveway, Temporary Storage Container must be placed at
the farthest practicably accessible point from the street. A Temporary
Storage Container shall not be placed less than 5 feet from any property
line.
E.
Temporary Storage Container are prohibited from being placed in or
on public or private roadways or rights-of-ways.
F.
Temporary Storage Container shall not be located in a manner that
blocks the flows or obstructs the vision or sight of vehicles and
pedestrians traveling on public or private roadways, sidewalks or
parking lots.
G.
The applicant, as well as the supplier, shall be responsible for
ensuring that the Temporary Storage Container is installed and maintained
in a good and safe condition, free from evidence of deterioration,
weathering, discoloration, graffiti, rust, ripping, tearing or other
holes or breaks, or in any way which might create a hazard to the
general public or any unsightly condition on the property.
H.
Temporary Storage Container shall be conspicuously marked with the
name and address of the supplier and have affixed thereon a copy of
the written permit authorizing the placement of the temporary storage
unit on the property.
I.
No Temporary Storage Container shall be used for habitable purposes
or to store solid waste, construction debris, demolition debris, recyclable
materials, business inventory, commercial goods, goods for use other
than at the property where the Temporary Storage Container is located
(i.e. used for retail sales) or any other illegal or hazardous material.
Upon reasonable notice to the applicant, the Town/Village may inspect
the contents of any Temporary Storage Container at any reasonable
time to ensure that is not being used for any prohibited purpose.
J.
A Temporary Storage Container that is not removed at the end of the
time for which permission has been granted shall be deemed to be an
illegal structure and may be removed by the Town/Village of Harrison
immediately, without notice, and the costs and expenses thereof shall
be certified to the Town/Village Board, which shall assess such costs
and expenses against the property on which the Temporary Storage Container
was located, to be collected and enforced in the same manner as real
property taxes.
A.
No person, firm or corporation shall place, put, position or situate
a Construction Debris Container without first obtaining either a building
permit alteration permit, or separate Construction Debris Container
permit from the Building Department for each Construction Debris Container.
B.
Application for a Construction Debris Container permit shall be made
to the Building Inspector on forms provided by the Building Department
and shall contain the following information:
(1)
A description of the property or area where the Construction Debris
Container will be placed.
(2)
The full name and address of the applicant, or the names and addresses
of responsible officers, if the applicant is a corporation.
(3)
A brief description of exactly where the Construction Debris Container
is placed.
(4)
Such other information as may be reasonably required to establish
compliance with the requirements of the applicable ordinances and
regulations.
C.
Application shall be made by the owner or lessee, or agent of either.
Where such application is made by a person other than the owner, it
shall be accompanied by an affidavit of the owner or applicant that
the applicant is authorized to make such application.
D.
The Building Inspector shall examine or cause to be examined all
applications for permits and the insurance plans filed therewith;
he shall approve or disapprove the application within a reasonable
time.
E.
Upon approval of the applications and upon receipt of the legal fees
therefor, the Building Inspector shall issue a Construction Debris
Container permit to the applicant upon the form prescribed by him
and shall affix his signature or cause his signature to be affixed
hereto. The approved permit shall be kept at the site open to inspection
by the Building Inspector or his authorized representative at all
reasonable times.
F.
A Construction Debris Container permit is effective for the lesser
of term of the building permit or 6 months but may be renewed by the
Building Inspector or the Building Inspector may allot a longer time
period to the applicant dependent upon need and a request for such
submitted with the application.
Construction Debris Container and Temporary Storage Container
permit fees shall be set by Resolution of the Town Board.
It shall be unlawful for any person, firm or corporation to
place, put, position or situate a Temporary Storage Container or a
Construction Debris Container in violation of any provision of this
article or to fail in any manner to comply with a notice, directive
or order of the Building Inspector, or to use any Construction Debris
Container in a manner not permitted by a valid permit.
A.
A person who shall knowingly violate any of the applicable provisions
of this article or any lawful order, notice, directive, permit or
certificate of the Building Department made thereunder shall be guilty
of disorderly conduct, and such person shall be a disorderly person,
and upon conviction thereof, shall be subject to a fine of $250. Each
day during which there is a failure to comply with the provisions
of this article or of any order issued by the Building Department
shall constitute a separate offense.
B.
Upon violation of any of the provisions of this article (e.g., a
Construction Debris Container that is blocking access or one that
has not been emptied properly), the permit can be revoked and the
Construction Debris Container removed.
