[Added 10-14-1991 by L.L. No. 5-1991]
[Amended 12-10-2001 by L.L. No. 6-2001]
A. 
Subject to the appropriation, the collection of acceptable waste and recyclable material, yard waste and appliances will be provided within the improvement area in accordance with this article.
B. 
The foregoing provisions of this chapter relating to solid waste management in the Town shall be applicable to the improvement area.
A. 
Acceptable waste.
(1) 
Except as otherwise provided, all acceptable waste intended for removal by a Town-provided service shall be drained and shall be contained in tightly covered, watertight, galvanized iron or other nonrusting metal or heavy plastic cans having handles or in heavy plastic bags properly secured at the top thereof. Each such can or bag shall have a capacity of not more than 30 gallons and shall not exceed 65 pounds in weight. Any acceptable waste which cannot be readily deposited in such receptacles may be compacted and securely bundled, tied or packed so as to be easily handled but shall not weigh more than 65 pounds and shall not be likely to be scattered.[1]
[1]
Editor's Note: Original Subsection A(2), regarding acceptable waste during weekend hours, which immediately followed this subsection, was repealed 12-10-2001 by L.L. No. 6-2001.
(2) 
Acceptable waste intended for removal by a Town-provided service shall not be permitted to become wet or frozen.[2]
[2]
Editor's Note: Original Subsection A(4), regarding placement of receptacles, which immediately followed this subsection, was repealed 12-10-2001 by L.L. No. 6-2001.
B. 
Recyclable material. All recyclable material intended for removal by a Town-provided service shall be separated and prepared in accordance with rules adopted by the county and/or Town and shall be placed at the curb or edge of the road pavement and in plain view from the public street no earlier than 24 hours before the designated collection date.
C. 
Yard waste.
(1) 
All yard waste intended for removal by a Town-provided service shall be separated from other acceptable waste and shall be contained in a tightly covered, watertight, galvanized iron or other nonrusting metal or heavy plastic nondisposable can having handles. Each such can shall have a capacity of not more than 30 gallons and, when full, shall not exceed 65 pounds in weight. Any yard waste which cannot be readily deposited in any such can may be securely bundled, tied or packed so as to be easily handled but shall not weigh more than 65 pounds and shall not be likely to be scattered.
(2) 
Yard wastes intended for removal by a Town-provided service shall not be permitted to become wet or frozen. Cans containing yard wastes intended for removal by a Town-provided service shall be placed near the curb or near the edge of the street pavement and in plain view from the public street no earlier than 24 hours before the designated yard waste collection date.
D. 
Fallen leaves.
(1) 
Fallen leaves intended for removal by a Town-provided service shall be separated from other acceptable waste, shall be either contained in a tight, galvanized iron or other nonrusting metal or heavy plastic nondisposable can having handles or shall be placed in piles near the curb or near the edge of the street pavement.
(2) 
Each can shall have a capacity of not more than 30 gallons and, when full, shall not exceed 65 pounds in weight. Cans containing fallen leaves intended for removal by a Town-provided service shall be placed near the curb or near the edge of the street pavement and in plain view from the public street no earlier than 24 hours before the designated collection date.
E. 
Appliances. Appliances intended for disposal by a Town-provided service shall have the doors removed prior to placement at the curb or edge of the street pavement for collection. Appliances intended for disposal by a Town-provided service shall be placed near the curb or near the edge of the street pavement and in plain view from the public street no earlier than 24 hours before the designated appliance collection date.
F. 
Construction and demolition debris. All construction and demolition debris intended for removal by a Town-provided service shall be separated from other acceptable waste and shall be contained in a tight, galvanized iron or other nonrusting metal or heavy plastic nondisposable can having handles. Each such can shall have a capacity of not more than 30 gallons and, when full, shall not exceed 65 pounds in weight. Cans containing construction and demolition debris intended for removal by a Town-provided service shall be placed near the curb or near the edge of the street pavement and in plain view from the public street no earlier than 24 hours before the designated collection date.
A. 
Acceptable waste. Except as otherwise provided, each household unit is eligible for removal of up to 65 pounds per week of acceptable waste by the Town-provided service.
B. 
Recyclable material. There shall be no limit upon the quantity of recyclable material which shall be collected by the Town-provided service.
C. 
Yard waste. There shall be no limit upon the quantity of yard waste which shall be collected by the Town-provided service. The Town Board may limit the dates or seasons in which yard wastes shall be collected by the Town-provided service.
D. 
Fallen leaves. There shall be no limit upon the quantity of fallen leaves which shall be collected by the Town-provided services.
E. 
Appliances. Except as otherwise provided, household units are not eligible for removal of appliances by the Town-provided service.
F. 
Motor vehicle tires. Except as otherwise provided, household units are not eligible for removal of motor vehicle tires by the Town-provided service.
G. 
Motor vehicle batteries. Except as otherwise provided, household units are not eligible for removal of motor vehicle batteries by the Town-provided services.
H. 
Limitation of service to certain parcels. No solid wastes or recyclable material shall be collected by the Town-provided service from parcels having no household units and from parcels having five or more household units. No solid wastes or recyclable material generated by nonhousehold units shall be collected by the Town-provided service. The Town Board may provide for the collection of yard wastes or fallen leaves from said parcels or units.
A. 
Assessment of fees.
(1) 
The Town Board shall from time to time adopt schedules of rates for the collection of solid wastes and recyclable materials in the improvement area. Said rates shall be kept at all times on file for public inspection in the office of the Town Clerk.
(2) 
Said rates shall be assessed on the basis of the number of household units found upon each parcel. Parcels having no household units and parcels having five or more household units shall not be assessed any charges.
(3) 
Said charges shall be due as of the date of billing. Failure to pay said charges within 30 days of the billing date shall result in the imposition of a penalty of 10% thereof.
B. 
Collection units ascertained.
(1) 
The Town Assessor shall, promptly upon this article becoming effective and from time to time thereafter, ascertain by diligent inquiry the number of household units on each parcel in the improvement area. The findings of the Town Assessor shall be placed on a roll on file in the office of the Town Clerk.
(2) 
Upon filing with the Town Clerk of the original findings of the Assessor, made promptly upon this article becoming effective, all owners of parcels within the improvement area, and from time to time thereafter, the owners of each parcel which the Assessor finds to have had a change in the number of household units shall be notified, in writing, mailed by regular mail to the address stated on the latest assessment roll, of the findings of the Assessor.
(3) 
Unless said findings are challenged in the manner provided herein within 30 days of mailing of the aforementioned notice, the findings of the Assessor shall be deemed final.
C. 
Challenge to the Assessor's determination.
(1) 
From time to time owners may notify the Assessor, in writing, of a change in the number of household units and request that the findings of the Assessor on file in the office of the Town Clerk be amended accordingly. The Town Assessor shall respond, in writing, to said request within 30 days of receipt of said written request. Failure to so respond shall be deemed a denial of the request. Service of said denial shall be deemed given as of said date.
(2) 
If the Town Assessor shall deny the request of an owner of a parcel to change the total number of household units or if the Assessor shall give the owner of a parcel notice of either the Assessor's findings or a change in the Assessor's findings, the owner of said parcel may, by written notice served upon the Town Clerk within 30 days of service of either the Assessor's response to the owner's request for a change or the Assessor's notice of findings or change in findings, demand that said determination be reviewed by the Town Board.
(3) 
Within 30 days of said demand, the Town Board shall meet to consider said challenge. The complainant shall be given written notice of the date, time and place that the Town Board will hear said challenge. Said notice shall be served by mail at least 10 days prior to the date scheduled for the hearing. At said hearing, the Town Board shall hear all relevant and material evidence presented by the Assessor and the complainant. Adjournments may be granted by the Town Board.
(4) 
Within 30 days of the completion of the hearing, the Town Board shall issue a written decision. Said decision shall be served by mail upon the complainant. Said decision shall be filed with the Town Clerk and shall be reflected on the roll on file with the Town Clerk.
(5) 
A challenge to this section shall not prevent the levy, collection and enforcement of the payment of fees based upon the number of household units determined by the Assessor and on file with the Town Clerk. Should a challenge result in a reduction of the number of household units during a period for which said fees have been collected, the Town shall make an appropriate refund, plus interest at 9% per annum from the date of collection of said excess fees to the date of refund.
(6) 
Any challenge to the determination of the Town Board shall be made exclusively pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York. Appeal to and determination by the Town Board shall be a condition precedent to the commencement of said proceeding.
Where the boundary line of the improvement area divides a parcel, the household units thereon shall be entitled to the Town-provided services only if all or part of any building thereon containing household units shall be located within the improvement area, and charges for services shall be imposed upon the basis of all household units within said parcel unless all or some of said household units are provided the same or similar service pursuant to a mandatory program of solid waste and recyclable material collection imposed by another municipality, in which case charges shall be made and services provided only with regard to those household units not subject to said alternate service.