[HISTORY: Adopted by the Board of Trustees of the Village
of Horseheads 9-24-2009 by L.L. No. 2-2009. Amendments noted where
applicable.]
It is the intention of the Village Board of the Village of Horseheads
to maintain a clean, wholesome and attractive community and to guard
against the creation of nuisances and conditions which may endanger
the health, safety and welfare of Village residents, spread disease,
create fire hazards, reduce the value of property, interfere with
the use and enjoyment of adjoining properties, and interfere with
the comfort and well-being of the public. The following rules and
regulations apply to dumpsters and the storage and removal of garbage,
rubbish, offal, and other offensive substances, excluding hazardous
or biomaterials or waste, as determined by New York State or federal
laws, rules or regulations.
Unless defined below, words and phrases used in this chapter
shall be interpreted so as to give them the meaning they have in common
usage and to give this chapter its most reasonable application. As
used herein, the following terms shall have the meanings indicated:
Any container, other than a conventional trash can with lid,
intended for the temporary outdoor storage of rubbish, garbage, recyclable
materials, putrescible solid waste or refuse of any sort. The term
"dumpster" shall be construed to include roll-off containers, but
shall not include temporary storage containers, the latter being regulated
by other local laws and regulations.
Any individual, business, firm, contractor, corporation,
applicant, property owner or agent.
Any parcel, lot or tract of land in the Village of Horseheads.
Any person who contracts for or requests the installation,
maintenance, or servicing of a dumpster on their property.
It shall be the duty and responsibility of all property owners
in the Village to insure the following:
A.
No dumpster may be placed or allowed to remain on any property in
the R1, R1A, or R2 Zoning Districts except pursuant to a waiver from
the Board of Trustees as provided herein. Dumpsters for which waivers
are granted must be kept out of public view or meet all of the screening
requirements provided hereinafter and may be located in front yards
only if the Board of Trustees, in its sole judgment, finds that there
is no practical alternative location.
B.
Dumpsters may be placed and allowed to remain on properties in the R3 Zoning District if they are out of the public view or meet all of the screening requirements of § 126-5. Screened dumpsters may not be placed or allowed to remain in place in front yards unless the Board of Trustees finds, in its sole judgment that there is no practical alternative location and grants a waiver as provided herein.
C.
A dumpster in the R1, R1A, R2, or R3 Zoning District can serve only
the property on which it is located and can serve only one property.
D.
No dumpster shall be located closer than five feet to any side or
rear lot line. Dumpsters shall be placed to comply with the front
yard setback for the applicable zoning district. No dumpster shall
be located closer than 15 feet to any building. Dumpsters shall not
be located in any area that must be maintained unencumbered to comply
with fire, building or public safety laws, rules, and regulations.
E.
All dumpsters must have tightly fitting covers that are kept closed
at all times except when the dumpster is in the process of being filled
or emptied. Garbage, recyclable materials and other solid waste must
be completely contained within the dumpster and shall not accumulate
so that the dumpster cover cannot be firmly closed, nor shall such
materials be allowed to accumulate on the ground around the dumpster
or elsewhere.
F.
All dumpsters shall have the name and telephone number of the person
owning such dumpster clearly printed thereon in letters at least three
inches high.
G.
All permanent dumpsters shall be located on a surface of material
impervious to water.
H.
All dumpster sites, other than temporary sites, shall be fully enclosed
or screened as provided herein.
I.
It shall be the responsibility of the property owner to maintain
the dumpster area free from odors, scattered or wind-blown debris,
overflow and all other nuisances, including but not limited to rodents.
J.
Dumpsters are to be used only by those individuals who are authorized
by the property owner. All unauthorized use shall be considered trespass
on private property. The property owner may post a sign stating "Unauthorized
Use Is Prohibited."
K.
No dumpster shall be used to dispose of hazardous materials or biomaterials
or waste, as determined by New York State or federal laws, rules or
regulations.
L.
Dumpsters are not to be filled after 9:00 p.m. or before 8:00 a.m.
Further, the emptying of the contents of the dumpster shall not commence
before 8:00 a.m. and cannot continue after 9:00 p.m.
This chapter shall not apply when:
A.
The dumpster is placed by an agency of federal, state or local government;
and
B.
The dumpster is placed on property during a specific period of time
that a valid building or demolition permit remains in force for construction
or demolition and the container is used solely for containment and
disposal of materials resulting from such construction or demolition.
A.
Dumpsters that are visible from the public view shall be surrounded
on all sides by enclosures, walls, or vegetation screens such as trees
or hedges. Each screen or wall shall be compatible with the subject
property and surrounding neighborhood and shall be approved in placement
and design by the Village Code Enforcement Officer prior to use. There
shall be a minimum of two feet of clearance between the dumpster and
each wall or screen. The walls or screens shall be a minimum of four
feet in height but in any event shall be higher than the dumpster
and shall fully screen the dumpster from the public view. Chain link
fencing shall not be considered acceptable screening material unless
privacy strips are also utilized. Enclosure walls or screens shall
extend down to the existing ground grade. Enclosures and partial enclosures
shall be constructed to be as inconspicuous as possible. When vegetation
screens are used, they shall form a year-around dense screen within
two years of the initial planting. Each enclosure shall be provided
with latching gates which shall be closed at all times except when
the dumpster is being accessed.
B.
Property owners must keep enclosures and partial enclosures in good
repair and in safe and structurally sound condition. Property owners
must maintain the effectiveness of vegetation screens by properly
caring for, and replacing as necessary, the plantings that serve as
screening devices.
C.
The property owner shall be responsible for the cleanup of the interior
of each enclosure or partial enclosure. The enclosure areas or partial
enclosure areas shall be kept free from litter and other solid waste,
except for that which is placed in the dumpster. Such area shall be
maintained to prevent odors and rodent or insect infestation. Garbage
and other solid waste shall not accumulate in a manner that causes
a visual or public health or safety nuisance.
D.
Property owners in the R3 Zoning District who have dumpsters on their
property as of the effective date of this chapter and who intend to
comply with this chapter by screening the dumpster shall have one
year from the effective date of this chapter to complete the plantings
or the construction of the enclosure or partial enclosure and other
related construction requirements. Each screen or wall shall be compatible
with the subject property and surrounding neighborhood and shall be
approved in placement and design by the Village Code Enforcement Officer
prior to use.
E.
Property owners in the R1, R1A, and R2 Zoning Districts who have
dumpsters on their property as of the effective date of this chapter,
who apply for a waiver from the Board of Trustees within 60 days of
the effective date of this chapter and obtain a waiver from the Board
of Trustees to maintain a screened dumpster, shall have one year from
the date of the waiver to complete the plantings or the construction
of the enclosure or partial enclosure and related construction requirements.
When such waiver is granted, each screen or wall shall be compatible
with the subject property and surrounding neighborhood and shall be
approved in placement and design by the Village Code Enforcement Officer
prior to use.
Random inspections and sanitary surveys of in-place dumpsters
and surrounding areas may be conducted by the Code Enforcement Officer.
If corrective action ordered by the Code Enforcement Officer is not
taken by the property owner within the time limits set forth by such
Code Enforcement Officer, the Board of Trustees may suspend or revoke
any waiver which has been granted, and the Village may take such other
legal action as necessary to correct the violation.
The Board of Trustees may grant a waiver and/or add conditions
to a waiver or to an existing waiver currently in effect. In making
any determination regarding a waiver application, the Board of Trustees
shall be guided by the general purpose of this chapter and shall consider
the following:
A.
The need for the dumpster and the availability of alternative methods
of solid waste storage and disposal as they may in their sole judgment,
determine.
B.
The proximity to neighbors.
C.
Other dumpsters in the vicinity.
D.
Character of the neighborhood. The proposed dumpster should not be
detrimental to the general amenity or neighborhood character so as
to cause devaluation of neighboring property or material inconvenience
to neighboring inhabitants or material interference with use and enjoyment
by the inhabitants of the neighboring property.
E.
In granting any waiver, the Board of Trustees shall specify the exact
location of any dumpster on any property, make a determination as
to whether the dumpster will be out of the public view, require the
dumpster to be screened as provided herein if it will not be out of
the public view, and impose other restrictions as necessary to meet
the general purpose of this chapter.
A.
Each request for a waiver shall be in writing accompanied by any
sketches, pictures or other information relevant for the Board of
Trustees' consideration. The applicant shall make reference to
the specific section of the dumpster regulations for which a waiver
is sought. No application for a waiver shall be complete until the
applicant has notified all abutters by certified mail at the applicant's
own expense at least 10 days prior to the Board of Trustees meeting
at which the waiver request will be placed on its agenda. The notification
shall reference the specific sections of the dumpster regulations
for which a waiver is sought, a statement of the standards set forth
in the dumpster regulations, and the date, time and place where the
application will be considered by the Board of Trustees.
B.
Any waiver granted by the Board of Trustees shall be in writing.
Any denial shall also be in writing and shall contain a brief statement
of the reasons for the denial.
