[Amended 12-18-2001 by L.L. No. 11-2001; 6-19-2007 by L.L. No. 11-2007[1]]
A. 
No person, company, corporation, partnership, or other entity, except as hereinafter provided, shall remove any solid waste, offal, garbage, refuse, recyclable material, construction and demolition debris, ashes or rubbish of any kind from the premises of any person, firm or corporation or cart or transport the same through or upon any street, avenue, parkway or highway within the Town except in trucks which shall meet all statutory and contract requirements, if applicable, of the Town and unless such person shall have first obtained a license from the Town Clerk as hereinafter provided, but no such license shall be required for persons under contract with the Town who, pursuant to such contract, are transporting solid waste from a location outside the Town to the recycling facility or the Babylon resource recovery facility or transporting solid waste or recyclable material from the recycling facility to a location outside the Town.
B. 
No person, company, corporation, partnership, or other entity shall store, place, maintain, drop, put, rest, lay, leave, set, situate or cause or permit or suffer to be placed, maintained, dropped, put, rested, laid, left, set or situated on any property within the Town of Babylon a roll-off, compactor, container, collection box and/or dumpster without the person, company, corporation, partnership or other entity who stored, placed, maintained, dropped, put, rested, laid, left, set or situated the roll-off, compactor, container, collection box and/or dumpster being properly licensed and without there being displayed a valid license decal, conspicuously displayed on said roll-off, compactor, container, collection box and/or dumpster. Nor shall any collection vehicle be used to drop, put, rest, lay, leave, set or situate any roll-off, compactor, container and/or collection box or dumpster on any property within the Town of Babylon without conspicuously displaying said tag, plate or license decal upon said collection vehicle.
C. 
Any roll-off, compactor, container, collection box and/or dumpster present on any property within the Town of Babylon which does not have conspicuously displayed a valid license decal from the Town of Babylon may be impounded by the Town of Babylon without notice, summarily as a serious violation of a rigorously controlled industry.
[1]
Editor's Note: This local law also provided its legislative intent as follows: “The Town Board finds that toxic waste is a serious and extremely dangerous threat to our environment, health, welfare and safety. Toxic waste is a threat that can cause serious physical injury and death. That without strict control over the disposal of waste, the residents of the Town of Babylon and of the State of New York are in jeopardy of toxic waste being disposed of unlawfully, not in compliance with local, state and federal law and in a manner which may pose a threat to all living things. For this reason, the Town Board takes the extraordinary step of authorizing summary abatement of the following nuisance.”
A. 
No license shall be required for householders who personally collect, convey and dispose of solid waste, refuse, garbage or ashes actually accumulated by them in their own households. All other provisions of this article, however, shall apply to such persons. Notwithstanding the above, no such householder shall be allowed to dispose of solid waste, refuse, garbage or ashes at the Babylon resource recovery facility or the recycling facility.
B. 
Certain business wastes.
(1) 
No license shall be required for the removal or transportation of waste material where such removal or transportation is incidental to the collection of meat, fat or bone waste, unless such waste material is a hazardous waste.
(2) 
Any person who removes or transports waste or other materials incidental to the conducting of any of the businesses described in Subsection B hereof shall only remove or transport such waste or other materials in such a manner as to prevent the discharge or littering of materials relating to said business or occupation upon any public street, road or highway in the Town.
(3) 
In exceptional circumstances a generator of waste may seek a special exemption from the Town Board or its designee on a case-by-case basis to haul its own waste material.
A. 
All licenses authorizing the collection, removal or transportation of solid waste, offal, garbage, refuse, recyclable material, construction and demolition debris, rubbish or acceptable waste of any kind shall be issued by the Town Clerk, but only after an application for such license has been made to and approved by the Commission. The Commission shall require the application to contain the following:
(1) 
Execution of the application by either the applicant, if an individual, a partner, if the applicant is a partnership, or by the president, if the applicant is a corporation.
(2) 
The form of the application shall be a sworn affidavit, sworn to before a notary public and shall contain the statement that the signatory affirms the truth and completeness of the information contained in the application under the penalty of perjury pursuant to § 210.45 of the Penal Law.
(3) 
The names and addresses of all partners, limited or otherwise, if the applicant is a partnership, or of all officers and directors and shareholders, if the applicant is a corporation.
(4) 
A list of all obligations incurred by the applicant in connection with the operation of the applicant's business, except normal operating accounts payable occasioned by routine operation of the business, but shall include all loans to the applicant, together with the names and addresses of the persons or entities making said loans, and a description of the security for said loans, if any.
(5) 
A detailed account of the collection system, if any, used by the applicant and the names and addresses of all customers of the applicant as of the date of the application, together with the present schedule of charges to said customers.
(6) 
A complete list of the names and addresses of all employees of the applicant as of the date of the application.
(7) 
A statement that either the applicant, if an individual, any partner, if a partnership, or any officer, director or shareholder, if a corporation, has or has not been convicted of a crime within the last 10 years, other than a traffic infraction, provided that, if so, an explanation of the nature of said conviction shall be furnished on the application.
(8) 
The name and address of the registered owner of each vehicle to be used by the applicant in such collection, removal or transportation.
(9) 
The make, year, model of chassis, body style, volume, tonnage capacity, color and state vehicle registration number of each such vehicle.
(10) 
The community or communities in which the applicant intends to operate under the license for which the application is made.
(11) 
The garage location where each such vehicle is to be normally stored under this application.
(12) 
The type of service to be rendered by the applicant, including the number of solid waste or recyclable material pickups per week or per month, and the charges to be made for such service.
(13) 
Disclosure by the applicant (either an individual or any partner or any officer or director, if a partnership or corporation) of any position in any other applicant equivalent to the proprietor, partner, officer or director, as applicable.
A. 
A license issued hereunder may be suspended or revoked for violation of the provisions of this article by the Commission, upon notice and hearing as herein provided. Grounds for revocation or suspension of a license shall include but not be limited to the following reasons:
(1) 
Willful or persistent or serious violations of this chapter or of the regulations of the Commission.
(2) 
Any violation of this Chapter 133.
(3) 
Persistent failure to service adequately the customers of any licensee.
(4) 
Failure to maintain the standards imposed upon applicants pursuant to this Code.
B. 
Any licensed collection vehicle used for the disposal of hazardous waste at the Babylon resource recovery facility or the recycling facility shall be immediately barred from the disposal of said material within the Town, and its license shall be suspended pending a hearing before the Sanitation Commission. Such a hearing shall be held pursuant to Subsection C of this section.
C. 
Notwithstanding § 133-13B, before any license may be suspended or revoked, a notice, in writing, of such proposed action must be sent to the licensee either personally or by certified mail. Such notice must specify the nature of the proposed action, the grounds therefor and a time and place, not less than 10 nor more than 20 days after the mailing or other service of such notice, at which a hearing will be held on such proposed action. The licensee may testify at such hearing, may be represented by counsel and may offer evidence in defense. The formal rules of evidence shall not apply at said hearing. A record of the proceedings on such hearing must be made. Hearings shall be held before the Sanitation Commission.
[Amended 12-18-2001 by L.L. No. 11-2001; 7-13-2004 by L.L. No. 19-2004; 12-21-2004 by L.L. No. 32-2004; 6-21-2005 by L.L. No. 18-2005; 3-7-2006 by L.L. No. 7-2006; 7-18-2006 by L.L. No. 21-2006; 9-13-2006 by L.L. No. 32-2006; 12-20-2006 by L.L. No. 41-2006; 8-6-2008 by L.L. No. 21-2008]
A. 
Class 1 and Class 1A licenses.
[Amended 11-17-2011 by L.L. No. 22-2011; 4-22-2015 by L.L. No. 5-2015; 9-29-2015 by L.L. No. 13-2015; 9-4-2019 by L.L. No. 10-2019; 3-16-2022 by L.L. No. 2-2022; 7-13-2022 by L.L. No. 15-2022]
(1) 
A Class 1 license shall be required of all persons engaged in the collection and transportation of garbage, refuse, recyclable material (including, but not limited to, scrap metal), ashes or solid waste outside the improvement areas or for collection and transportation of recyclable material only within the commercial improvement area if properly authorized by the property owner. The annual fee for such license shall be $1,500 plus $550 for each truck and $1 for each sticker for roll-offs and compactors.
(2) 
A Class 1A license shall be required of all persons engaged in the collection and transportation of food scraps outside the improvement areas or for collection and transportation of recyclable material only within the commercial improvement area if properly authorized by the property owner. The annual fee for such license shall be $3,000 plus $1,100 for each truck and $1,000 for each sticker for roll-offs and compactors.
B. 
A Class 2 license shall be required of all persons engaged in the collection and transportation of garbage, refuse, solid waste and recyclable material within an improvement area authorized pursuant to a contract with the Town to collect and transport solid waste, garbage, refuse or recyclable material. There shall be no annual fee for such license.
[Amended 11-15-2012 by L.L. No. 17-2012]
C. 
A Class 3 license shall be required of all persons engaged in the collection and transportation of construction and demolition debris within the Town of Babylon. The annual fee shall be $1,500. There shall be an annual per-truck fee of $550, and a fee of $1 for each sticker for rolloffs and compactors.
[Amended 4-22-2015 by L.L. No. 5-2015; 9-29-2015 by L.L. No. 13-2015; 9-4-2019 by L.L. No. 10-2019]
D. 
Class 4 license.
(1) 
A Class 4 license shall be required of all persons engaged in the collection and/or transportation of garments, clothing, fabric, cloth, apparel, and any other similar materials, for recycling, collection, redeployment, redistribution, contribution, bequest, donation and the like, within the Town of Babylon through the placing, maintaining, providing or depositing of a container, collection box, storage bin or similar-type collection device outside on any property within the Town of Babylon. There shall be an annual licensing fee of $1,500, an annual per-truck fee of $450 and $1 for each container/collection box. Each container/collection box shall have affixed to it, in a conspicuous location, a license decal, issued by the Town Clerk, which shall identify the license number, container/collection box number, year of issue and location. Said license decals shall be provided by the Town of Babylon at a cost of $1 per decal.
[Amended 4-22-2015 by L.L. No. 5-2015; 6-2-2015 by L.L. No. 7-2015; 9-29-2015 by L.L. No. 13-2015]
(2) 
Restriction on location of recycling collection. The collection boxes and containers referred to in § 133-14D(1) are to be restricted as to location in the following manner, in addition to any other requirements of this Code:
(a) 
No box or container shall not be located within a five-hundred-foot radius of any area zoned for residential use.
(b) 
No box or container shall be located within a one-eighth-mile radius of another such collection box or container.
(c) 
No box or container shall be located on any public property without written permission of the property owner.
(d) 
No box or container shall be located in a manner which obstructs the vision or sight of traffic on private or public roadways, parking lots, highways, whether federal, state or local in nature.
(3) 
Approval of locations of recycling collection. Licensees must obtain approval from the Building Department for the location of all collection boxes, containers, storage bins or similar type collection devices within the Town of Babylon.
(4) 
Submission of plans and drawings for approval.
(a) 
Required. All plans and drawings for the placement of any container/collection box pursuant to § 133-14D(1) shall be submitted to the Building Department for examination and approval as to proper location and construction.
(b) 
Contents. Plans and drawings shall show lot lines and shall include information pertinent to the container/collection box, exits and entrances to the lot, roadways, parking spaces, buildings, etc.
(c) 
Effect. Containers/collection boxes shall be located and positioned in conformity with the approved plans.
(5) 
Health and safety conditions regarding the placement of recycling collection containers/boxes. Any container/collection box placed within the Town of Babylon must comply with the following regulations regarding health and safety:
(a) 
No container/collection box may be placed within 50 feet of any wooded area or area of vegetation.
(b) 
No container/collection box may be maintained in such a manner as to attract rodents, vermin, animals or insects.
(c) 
No container/collection box shall be used for any materials other than garments, clothing, fabric, cloth, apparel, and any other similar materials.
(d) 
Every container/collection box shall be maintained in a manner consistent with any and all federal, state and local health and sanitation laws and regulations.
(e) 
Every container/collection box shall be inspected weekly to ensure the absence of rodents, vermin, animals and insects.
(6) 
Illegal placement of recycling collection containers/boxes.
(a) 
It shall be a violation of this chapter for any person or entity to place, maintain or allow to placed or maintained any collection box or container upon any property within the Town of Babylon without first having said location approved, said licenses issued and appropriate fees paid.
(b) 
It shall be a violation of this chapter to own or lease any property upon which a container/collection box is placed, maintained or allowed to be placed or maintained within the Town of Babylon without first having said location approved, said licenses issued and appropriate fees paid.
(c) 
Any container/collection box which is illegally present on any property within the Town of Babylon is subject to being impounded pursuant to § 133-14D(7).
(7) 
Impounding of illegal containers/collection boxes.
(a) 
Any container/collection box which is illegally present on any property within the Town of Babylon is subject to being impounded by the Town of Babylon without notice to the owner of the container/collection box or property owner.
(b) 
Subsequent to the impounding of any container/collection box, the owner of said container/collection box may apply to the Sanitation Commission for a hearing regarding the impounding and the fines and fees associated therewith.
(c) 
Any container/collection box which is impounded is subject to a fee of $250 for transportation of said container/collection box and a fee of $50 per day for storage for each day, including the day of impounding.
(d) 
Ten days after notification to the property owner that the container/collection box has been impounded, said container/collection box shall be forfeited to the Town of Babylon and used, sold or destroyed at the sole discretion of the Town of Babylon.
E. 
A Class 5 license shall be required of all persons engaged in the transportation of garbage, refuse, solid waste or ashes authorized pursuant to a contract with the Town or as otherwise authorized by the Town to transport garbage, refuse, solid waste or ashes to the Babylon resource recovery facility or the recycling facility. Such license shall be effective only for activities undertaken pursuant to such contract with the Town.
F. 
Class 6 licenses.
(1) 
A Class 6 license shall be required of all persons, firms, corporations or entities engaged in the cutting, removing and/or uprooting of trees.
(2) 
The trimming, pruning and/or maintenance of trees shall not require a Class 6 license.
(3) 
Persons, forms, corporations or entities that have a contract with a Class 3 licensee for the collection, removal, transportation and disposal of cut-down, removed and/or uprooted trees and tree stumps shall not be required to obtain a Class 6 license.
(4) 
Each applicant for a license shall pay a nonrefundable application fee with the application in the amount of $150. The applicant shall also pay to the Town Clerk or his or her designee, upon the issuance of the license, a license fee of $650. The license shall be effective for the calendar year in which it is issued and shall be reviewed by the applicant each successive year.
[Amended 4-22-2015 by L.L. No. 5-2015; 6-2-2015 by L.L. No. 7-2015; 9-29-2015 by L.L. No. 13-2015]
(5) 
All applicants are required to provide proof that they have received certification from the Department of Agriculture in relation to Asian long-horn beetles.
(6) 
Removal of debris.
(a) 
Licensees shall not place, keep, permit or suffer to be placed or kept at or around the vicinity of the front, side or rear property lines any stumps, limbs, branches, logs or anything else generated from the cutting, removing or uprooting of trees.
(b) 
Licensees are required to remove from the property and properly dispose of any stumps, limbs, branches, logs or anything else generated from the cutting, removing or uprooting of trees which exceeds four inches in diameter.
(7) 
All applicants shall be forwarded by the Town Clerk's office to the Sanitation Commission for approval prior to the issuance of a Class 6 license.
(8) 
Upon any violations of this chapter, the Sanitation Commission may hold a hearing as set forth in this chapter to consider suspending and/or revoking any Class 6 license issued hereunder.
G. 
Class 7 licenses.
(1) 
License required; fee.
(a) 
A Class 7 license shall be required of all persons, corporations, businesses or any other entity engaged in the rental, leasing, loaning or distribution of any storage container, collection box, storage bin or similar-type storage device (collectively herein referred to as "storage containers"), within the Town of Babylon, that is used, stored, placed or maintained outside on any residential property within the Town of Babylon.
(b) 
There shall be an annual licensing fee of $2,000. Each storage container shall include the licensee name and phone number.
[Amended 4-22-2015 by L.L. No. 5-2015; 9-29-2015 by L.L. No. 13-2015]
(2) 
The storage containers referred to in Subsection G(1) are to be restricted as to location and size in the following manner, in addition to any other requirements of this Code:
(a) 
No storage container shall be located on any portion of the front yard of any residential property other than the paved portion of the driveway.
(b) 
No storage container shall be located at any given residential address for more than 180 days.
(c) 
No more than one storage container shall be located on any residential property at any given time.
(d) 
No storage container shall be located in a manner that obstructs the vision or sight of pedestrians or traffic on private or public roadways, sidewalks, parking lots or highways, whether federal, state or local in nature.
(e) 
No storage container may be maintained in such a manner as to attract rodents, vermin, animals or insects.
(f) 
Every storage container shall be maintained in a manner consistent with any and all federal, state and local health and sanitation laws and regulations.
(g) 
Every storage container shall be inspected weekly to ensure the absence of rodents, vermin, animals and insects.
(h) 
Storage containers shall be limited to a maximum size of 20 feet by 8 feet by 8.6 feet.
(i) 
The name of the storage container company and a valid phone number shall be displayed on the storage container in a conspicuous manner so that the name and phone number can be observed from the street abutting the residence on which the storage container is placed.
(3) 
It shall be a violation of this chapter for any person or entity to place or maintain, or allow to be placed or maintained, any storage container upon any residential property within the Town of Babylon without first having said licenses issued and appropriate fees paid.
(4) 
It shall be a violation of this chapter to own or lease any residential property upon which a storage container is placed, maintained or allowed to be placed or maintained within the Town of Babylon by any person, business, corporation or entity that is not licensed pursuant to this article.
(5) 
Any storage container that is illegally present on any property within the Town of Babylon is subject to being impounded pursuant to the following:
(a) 
Any storage container that is illegally present on any property within the Town of Babylon is subject to being impounded by the Town of Babylon upon five days' written notice to the owner of the storage container or property owner.
(b) 
Subsequent to the impounding of any storage container, the owner of said storage container may apply to the Sanitation Commission for a hearing regarding the impounding and the fines and fees associated therewith.
(c) 
Any storage container that is impounded is subject to a fee of $250 for transportation of said storage container and a fee of $50 per day for storage for each day, including the day of impounding.
(d) 
Ten days after written notification to the property owner that the storage container has been impounded, said storage container shall be forfeited to the Town of Babylon and used, sold or destroyed at the sole discretion of the Town of Babylon.
H. 
Class 8 license.
[Amended 1-25-2011 by L.L. No. 3-2011]
(1) 
License required; fee; eligibility.
(a) 
A Class 8 license shall be required of all persons, corporations, businesses or any other entity engaged as an energy auditor within the Town of Babylon on any residential property.
(b) 
There shall be an annual license fee of $200. If any person, corporation, business or any other entity applies for a Class 8 license and a Class 9, 10, 11A and/or 11B license simultaneously, then they shall not be charged the individual fee for each class license, but shall be charged a maximum fee of $250 in the aggregate, for all of the class licenses.
(c) 
To be eligible for a Class 8 license, the persons, corporations, businesses or any other entities must:
[1] 
Be certified by the Building Performance Institute (BPI) for the following three categories: Building Analyst, Envelope Professional (Shell-certified) and Heating Professional or Hydronic Heating Professional;
[2] 
Have completed 10 building energy audits; and
[3] 
Have general liability insurance in the sum of $500,000 naming the Town of Babylon as an additional insured.
(d) 
If the license applicant is a corporation, business or any other entity, then a list of the employees who will be performing the building energy audits on behalf of the corporation, business or any other entity must be provided at the time of application. Each employee listed must provide proof of 10 completed building energy audits.
I. 
Class 9 license.
[Amended 12-10-2008 by L.L. No. 30-2008; 5-22-2009 by L.L. No. 12-2009; 11-5-2009 by L.L. No. 23-2009; 1-25-2011 by L.L. No. 3-2011]
(1) 
License required; fee; eligibility.
(a) 
A Class 9 license shall be required of all persons, corporations, businesses or any other entity engaged as a building performance contractor who can perform building performance modifications/improvements/construction within the Town of Babylon on any residential property.
(b) 
There shall be an annual license fee of $200. If any person, corporation, business or any other entity applies for a Class 9 license and a Class 8, 10, 11A and/or 11B license simultaneously, then they shall not be charged the individual fee for each class license, but shall be charged a maximum fee of $250 in the aggregate, for all of the class licenses.
(c) 
To be eligible for a Class 9 license, the persons, corporations, businesses or any other entities must:
[1] 
Be certified by the Building Performance Institute (BPI) for the following two categories: Building Analyst and Envelope Professional (Shell-certified);
[2] 
Be a contractor licensed by the Suffolk County Office of Consumer Affairs for at least one year in good standing without any open complaints;
[3] 
Have completed 10 building energy performance contracts; and
[4] 
Have general liability insurance in the sum of $1,000,000 naming the Town of Babylon as an additional insured.
J. 
Class 10 license.
[Added 1-25-2011 by L.L. No. 3-2011]
(1) 
License required; fee; eligibility
(a) 
A Class 10 license shall be required of all persons, corporations, businesses or any other entity engaged as a building performance heating systems contractor who can perform building performance heating system modifications/improvements/installations within the Town of Babylon on any residential property.
(b) 
There shall be an annual license fee of $200. If any person, corporation, business or any other entity applies for a Class 10 license and a Class 8, 9, 11A and/or 11B license simultaneously, then they shall not be charged the individual fee for each class license but shall be charged a maximum fee of $250 in the aggregate, for all of the class licenses.
(c) 
To be eligible for a Class 10 license, the persons, corporations, businesses or any other entities must:
[1] 
Be certified by the Building Performance Institute (BPI) for the following one category: Heating Professional or Hydronic Heating Professional;
[2] 
Hold a valid Town of Babylon Master Plumber's License; and
[3] 
Have general liability insurance in the sum of $1,000,000 naming the Town of Babylon as an additional insured.
K. 
Class 11 A and B licenses.
[Added 1-25-2011 by L.L. No. 3-2011; amended 12-21-2016 by L.L. No. 18-2016]
(1) 
License required; types of license; fee; eligibility.
(a) 
A Class 11A license shall be required of all persons, corporations, businesses or any other entity engaged as a contractor who can perform building performance photovoltaic solar system modifications/improvements/installations within the Town of Babylon on any property.
(b) 
There shall be an annual license fee of $200. If any person, corporation, business or any other entity applies for a Class 11A license and a Class 8, 9, 10 and/or 11B license simultaneously, then they shall not be charged the individual fee for each class license but shall be charged a maximum fee of $250 in the aggregate, for all of the class licenses.
(c) 
To be eligible for a Class 11A license, the persons, corporations, businesses or any other entities must:
[1] 
Hold a valid Suffolk County Master Electrician's license for at least one year in good standing without any open complaints;
[2] 
Be in an established business for at least three years without any open complaints with Suffolk County Office of Consumer Affairs or the Better Business Bureau;
[3] 
Have completed 10 building performance photovoltaic solar installations;
[4] 
Have general liability insurance in the sum of $1,000,000 naming the Town of Babylon as an additional insured; and
[5] 
Must require all workers who will perform work on any property located in the Town of Babylon to have completed the OSHA ten-hour Construction Safety and Health Course.
(d) 
A Class 11B license shall be required of all persons, corporations, businesses or any other entity engaged as a contractor who can perform building performance thermal solar system modifications/improvements/installations within the Town of Babylon on any property.
(e) 
There shall be an annual license fee of $200. If any person, corporation, business or any other entity applies for a Class 11B license and a Class 8, 9, 10 and/or 11A license simultaneously, then they shall not be charged the individual fee for each class license but shall be charged a maximum fee of $250 in the aggregate, for all of the class licenses.
(f) 
To be eligible for a Class 11B license, the persons, corporations, businesses or any other entities must:
[1] 
Hold a valid Suffolk County Master Electrician's license for at least one year in good standing without any open complaints;
[2] 
Hold a valid Town of Babylon Master Plumber's license;
[3] 
Be an established business for at least three years without any open complaints with Suffolk County Office of Consumer Affairs or the Better Business Bureau;
[4] 
Have completed 10 building performance thermal solar installations;
[5] 
Have general liability insurance in the sum of $1,000,000 naming the Town of Babylon as an additional insured; and
[6] 
Must require all workers who will perform work on any property to have completed the OSHA ten-hour Construction Safety and Health Course.
L. 
Class 12 licenses.
[Added 8-9-2017 by L.L. No. 4-2017]
(1) 
A Class 12 license issued by the Town of Babylon Sanitation Commission shall be required of all persons, corporations, businesses or any other entity operating a transfer station or recycled materials management (RMM) facility as defined in § 213-277 within the Town of Babylon.
(2) 
There shall be an annual licensing fee for operating a transfer station or RMM facility within the Town of Babylon. The licensing fee shall be composed of a flat fee of $2,500.
(3) 
All transfer stations and RMM facilities shall have affixed conspicuously at the front of the building a license decal, issued by the Town of Babylon, which shall indicate the license number, facility name, issuance date and location.
(4) 
The Town of Babylon Sanitation Commission shall determine the qualifications of an applicant for a Class 12 license. In determining the qualifications of an applicant for a Class 12 license, the Town of Babylon Sanitation Commission shall consider:
(a) 
The operating history of the facility or facilities which the applicant has previously operated or is currently operating, whether within or without the Town, and the extent to which the applicant has demonstrated compliance with all local, county, state and federal requirements for the operation of said facility or facilities.
(b) 
Whether the operator has been granted a special exception permit from the Town of Babylon Zoning Board of Appeals to operate a transfer station or RMM facility. An applicant for a Class 12 license shall obtain a special exception permit from the Zoning Board of Appeals within six months of receiving a Class 12 license. At its sole discretion, the Sanitation Commission may extend this time period upon finding reasonable progress having been made by the applicant in application for a special exception permit. A transfer station or RMM facility classified as grandfathered would not require a special exception permit from the Zoning Board of Appeals.
(c) 
Previous or current violations issued to the applicant.
(d) 
The appropriateness and suitability of the layout, dimensions, lot area and operations of the facility or facilities operated by the applicant, such that operation of facility or facilities will not negatively impact public health, safety or the environment as evidenced by:
[1] 
Whether operation of the transfer station or RMM facility occurs within an enclosed building, including but not limited to staging, dumping, loading, processing and/or handling of the materials accepted at the facility, with the exception of a facility meeting the definition of a scrap metal processing facility.
[2] 
Whether vehicles seeking to enter the site are not and will not be queuing on the street.
[3] 
The compliance history of the facility over the previous year.
[4] 
Whether the outdoor area of the site and neighboring properties are not littered with debris from the facility.
[5] 
Whether the operation of the facility is not currently creating nor in the future will result in the creation of excessive noise, dust or odors.
[6] 
Whether all impact mitigation equipment as required by requisite law, rule, regulation or permit agencies has been maintained according to manufacturers' specifications and remained functional during the previous year's operation, and whether during any periods where such mitigation measures at the facility were not functional due to a mechanical malfunction, repairs had been undertaken within a reasonable period of time.
[7] 
Whether the facility is properly maintained and does not accept or maintain materials that are not permitted pursuant to the NYSDEC, Town of Babylon Zoning Board of Appeals approval or authorization or Code of the Town of Babylon.
[8] 
Such other factors deemed relevant to the operation of the facility and its impact on the surrounding community.
(e) 
Each year the licensee shall provide to the Town of Babylon Sanitation Commission and Town of Babylon Department of Environmental Control a copy of the facility's annual report submitted to NYSDEC that summarizes the volume of material recycled at the facility over the previous reporting year. Any persons operating a facility meeting the criteria for a Class 12 license who are operating without a Class 12 license are subject to the provisions of § 133-31, Penalties for offenses.
M. 
Class 13 motor vehicle dismantler's license.
[Added 8-9-2017 by L.L. No. 4-2017]
(1) 
A Class 13 license issued by the Town of Babylon Sanitation Commission shall be required of all persons, corporations, businesses and any other entity operating as a motor vehicle dismantling facility within the Town of Babylon as defined in § 213-435 of the Code of the Town of Babylon. Any license to operate as a motor vehicle dismantler issued prior to the enactment of this subsection shall, upon its renewal, be deemed and construed to be subject to this chapter.
(2) 
There shall be an annual licensing fee of $1,000 to receive a Class 13 license for operating as a motor vehicle dismantler within the Town of Babylon. This fee shall be additive to any other licensing fees as required pursuant to § 133-14.
(3) 
All motor vehicle dismantlers shall have affixed conspicuously at the front of the building a license decal issued by the Town of Babylon which shall indicate the license number, facility name, issuance date and location.
(4) 
The Town of Babylon Sanitation Commission shall determine the qualifications of persons making application for a Class 13 license and in doing so shall consider:
(a) 
The operating history of the applicant.
(b) 
Whether the operator has been granted a special exception permit from the Town of Babylon Zoning Board of Appeals to operate as a motor vehicle dismantling facility. For an initial request for a Class 13 license, the operator shall receive a special exception permit from the Board of Appeals within six months of receiving a Class 13 license. At its sole discretion, the Town of Babylon Sanitation Commission may extend this time period upon finding reasonable progress made in the special exception permit application. A facility classified as a nonconforming motor vehicle dismantling facility would not require a special exception permit from the Zoning Board of Appeals pursuant to § 213-437C.
(c) 
Previous or current violations issued to any solid waste management facility owned or operated by the applicant.
(d) 
The operation of any solid waste management facility owned or operated by the applicant as evidenced by:
[1] 
The compliance history of any such facility;
[2] 
Whether the site and abutting area of any such facility is littered with debris emanating from the facility.
[3] 
Whether the operation of any such facility does or will create excessive noise, dust or odors.
(e) 
Each year the licensee shall provide to the Town of Babylon Sanitation Commission and Town of Babylon Department of Environmental Control a copy of the facility's annual report submitted to NYSDEC.
(5) 
In applying for a motor vehicle dismantler's license, each applicant shall submit to the Town of Babylon Sanitation Commission a written application, supplying under affidavit the following information:
(a) 
He/she is a citizen of the United States.
(b) 
Information as to his/her experience, financial responsibility, equipment and facility plan.
(6) 
Any false statement in an application for a license hereunder or any violation of any of the provisions of this chapter or of any of the statutes, regulations or orders aforesaid shall cause an automatic revocation of any license issued hereunder. In addition, the Sanitation Commission may for any other cause revoke any Class 13 license after a meeting at which the licensee shall be afforded an opportunity to be heard. The foregoing penalties shall be in addition to the penalties in §§ 1-15 through 1-17 which may be imposed for violations of this Code.
(7) 
Each license issued as provided herein shall be issued subject to compliance by the licensee with all the requirements of Article 6 of the General Business Law, with § 1308 of the Penal Law[1] and with all other statutes now existing or which may hereafter be enacted affecting such business or the conduct thereof; subject, also, to compliance by the licensee with all rules, regulations or orders now existing or which may hereafter be made by the Town respecting such business or the conduct thereof; and, also, to compliance with the requirements of this chapter and Chapter 213.
[1]
Editor's Note: See now §§ 165.40 through 165.65 of the Penal Law.
(8) 
An undertaking, in form satisfactory to the Sanitation Commission, may at the option of the Sanitation Commission be accepted by the Town to guarantee performance of any one or more of the requirements of this chapter.
(9) 
Facilities meeting the criteria for a Class 13 license and operating without a Class 13 license are subject to the provisions of § 133-31, Penalties for offenses.
[Amended 12-18-2001 by L.L. No. 11-2001; 7-13-2004 by L.L. No. 19-2004; 6-19-2007 by L.L. No. 11-2007]
The Town Clerk shall issue a plate or tag for each truck, container and compactor used by a licensee hereunder. Such plate or tag shall be securely fastened and displayed at all times in a conspicuous place on each such truck, rolloff, compactor, container, collection box and/or dumpster. Failure to display said tag or license plate in such a conspicuous place on any truck, rolloff, compactor, container, collection box and/or dumpster is a violation of this section.
Each license issued hereunder shall be valid for the calendar year for which it was issued and may be renewed upon application to the Commission for such renewal and upon payment of the required annual fees, provided that the licensee has satisfactorily complied with the provisions of this chapter and with the regulations of the Sanitation Commission adopted hereunder. The application for each license shall be verified under oath by the applicant. Licenses issued hereunder shall not be transferable. The plate or tag issued for each vehicle used by the licensee may be transferred to any replacement vehicle upon five days' written notice to the Town Clerk. No permission granted pursuant to a license issued hereunder may be further delegated, by subcontract or any other arrangement, whereby a licensed or nonlicensed operator agrees to collect solid waste in consideration of any payment whatsoever to another licensed operator.
In order to provide information to the Town Board regarding the financial impact of disposal and collection costs on entities within the Town, the Commission may from time to time require licensees to submit reports detailing the rates charged, levels of service provided and such other pertinent information.