[Added 7-12-2011 by L.L. No. 11-2011]
A.
The Town Board of the Town of North Hempstead has determined that
proper handling and prompt removal of litter, garbage, debris, refuse,
rubbish, dust, sand, mud and dirt from construction sites, buildings
under construction and areas, sidewalks, streets and rights-of-way
abutting or adjacent thereto are essential to the preservation of
the public health, safety and general welfare.
B.
The Town Board finds that the failure to properly handle and promptly
remove said matter has severe adverse effects on the community by
tending to create a nuisance; create hazardous conditions which may
result in injury to person or property; attract vermin; cause annoyance
to residents and other persons who work in or pass through the Town;
and detract from the aesthetics of the neighborhoods involved.
C.
This article is enacted to eliminate the aforementioned consequences.
Any person who owns, controls or is in possession of a construction
site shall:
A.
Provide adequate and suitable methods for the collection, storage,
handling and disposal of all litter and/or debris that may be generated
or found at the construction site. Such methods shall be implemented
and maintained throughout the course of construction to its completion
and shall include providing a receptacle, container or dumpster container
of sufficient size and dimensions to contain such litter and/or debris.
B.
Ensure that all litter and/or debris located upon construction sites
is deposited into receptacles, containers, or dumpster containers
on a daily basis.
C.
Place and maintain all construction materials within the confines
of the lot lines of the construction site.
D.
Sweep all sidewalks, streets or rights-of-way adjacent to or abutting
the construction site at least once per week or more frequently should
any litter and/or debris be found dumped, deposited, placed or thrown
on said sidewalk, street or right-of-way.
No person who owns, controls or is in possession of a construction
site shall:
A.
Dump, deposit, place, throw, leave, bury, maintain or cause or permit
the dumping, depositing, placing, throwing, leaving, burying or maintaining
of litter and/or debris at any construction site.
B.
Transfer litter and/or debris from one construction site to another.
C.
Dump, deposit, place, throw, leave, maintain or cause or permit the
dumping, depositing, placing, throwing, leaving or maintaining of
dust, sand, mud, dirt, litter and/or debris on any sidewalk, street
or right-of-way adjacent to or abutting any construction site.
D.
Place on any sidewalk, street or right-of-way adjacent to or abutting
any construction site any form of construction materials.
All construction material and demolition material staging areas
for construction sites must be located on the construction site, and
no material staging area or a portion thereof shall be permitted upon
any sidewalk, street or right-of-way.
A.
Construction fences shall be erected and maintained at construction
sites when:
(1)
It is required by a building permit;
(2)
There is an open pit or excavation, open drywell, an unoccupied building
or structure, scaffolding, construction equipment or any other condition
which is dangerous to life or limb of a person; or
(3)
Where the Building Official finds that, due to the special circumstances
of a particular case, installing a construction fence at a construction
site would be in the best interests of the public safety, health and
welfare.
B.
The location of all construction fences upon a construction site
shall be approved by the Building Official and shall be subject to
the following requirements:
(1)
Consist of chain link;
(2)
Measure six feet in height;
(3)
Be erected prior to the commencement of construction or demolition
and be maintained until the completion of such activity or until the
construction fence is approved to be removed by the Building Official;
(4)
Be placed upon the construction site and not upon existing or proposed
sidewalks on the construction site, or upon the right-of-way;
(5)
Be maintained in good condition during the period of construction
or demolition;
(6)
In no case shall barbed wire, razor wire, spikes, chipped glass,
electricity or similar materials or devices be used in conjunction
with or as part of any construction fence; and
(7)
All vehicles and pedestrian openings shall have gates secured after
hours of operation to prohibit unpermitted entry.
A.
All receptacles, containers or dumpster containers located upon construction
sites or adjacent thereto shall be maintained in such a manner so
as to prevent any litter and/or debris from escaping and becoming
scattered throughout the construction site or the general neighborhood.
B.
Receptacles, containers or dumpster containers located upon construction
sites shall be emptied at periodic intervals so as to prevent overloading,
the escape of materials contained therein and so as to prevent obnoxious
odors or nuisances of any type escaping therefrom during the period
when construction or demolition activities are taking place upon the
construction site.
C.
Receptacles, containers or dumpster containers shall not be overfilled
and shall be removed from the premises within 10 days of being filled
to capacity. A receptacle, container or dumpster container shall be
considered overfilled if there is more waste deposited therein than
it was designed to hold.
D.
In instances where receptacles, containers or dumpster containers
contain refuse or other odor-emitting materials, said receptacles,
containers or dumpster containers shall be emptied no less than once
every seven days, except that the Enforcement Officer may direct that
a receptacle, container or dumpster container be emptied sooner upon
a determination that such refuse or other odor-emitting materials
constitute a nuisance.
E.
To the extent possible, receptacles, containers or dumpster containers shall be located completely on the construction site rather than on sidewalks, streets or rights-of-way; however, to the extent that they cannot be so located, then their placement shall be governed by the provisions of Chapter 35, Chapter 46, Chapter 48 and Chapter 70 of the Town Code.
Construction trailers shall be located on the construction site
rather than on a sidewalk, street or right-of-way, shall not obstruct
egress from buildings or structures, and shall otherwise comply with
the provisions of the Town Code in all respects.
A.
Any construction site requiring the disruption or disconnection of
water or sewer service for a period in excess of 24 hours or where
water or sewer service has not yet been connected shall be equipped
with at least one, but not more than two, portable toilets. In the
case of construction related to an existing multiple-unit structure
where water or sewer service will be disrupted for some, but not all,
of the units thereon, the provisions of this subsection may be waived
by the Building Official upon presentation to the Building Official
of adequate evidence demonstrating the availability of continually
operating toilet facilities accessible at all times to all persons
present on the construction site.
B.
The following maintenance requirements shall apply to all construction
site uses of portable toilets:
(1)
Whenever one or more portable toilets are to be placed upon a construction
site, they shall be located on the construction site and not on a
sidewalk, area designated for a sidewalk, street or public right-of-way,
and they shall be located a minimum of 10 feet from all property lines.
(2)
Portable toilets shall be located on the construction site so as
to be free from obstruction from, nor present an obstruction to, existing
structures or driveways.
(3)
Portable toilets must be in good working condition without any broken
surfaces or leaks.
(4)
Portable toilets shall be located in such a manner as to not be potentially
impacted by site conditions such as slopes, ditches or prevailing
winds.
(5)
Portable toilets shall be located to provide the maximum practical
screening from roads and adjacent properties as the construction site
allows and must be located so as to minimize adverse aesthetic conditions,
and the doors thereof shall not face any street.
(6)
All portable toilets located upon construction sites must be locked
and secured between the hours of 6:00 p.m. and 8:00 a.m. and during
such periods of time when no representative of the construction permittee
or demolition permittee, as the case may be, is present at the construction
site. Doors must be in good working condition and must be able to
be securely latched while in use.
(7)
Portable toilets located upon construction sites shall be serviced
at regular intervals, not less than once every seven days, so as to
prevent overloading, the escape of materials contained therein and
so as to prevent obnoxious odors or nuisances of any type escaping
therefrom. Portable toilets must be immediately serviced if the holding
tank becomes full during the period of use. Records of such servicing
shall be maintained at the construction site and produced to the Building
Official upon request.
(8)
No person shall deposit, discard, discharge or dispose of the contents
of any Portable Toilet on or at the construction site.
(9)
Portable toilets shall be maintained in a manner to prevent leakage
or spillage. In the event of leakage or spillage, the control and
treatment shall be managed and disposed of in accordance with applicable
federal, state and local laws and regulations.
In the enforcement and prosecution of the provisions of §§ 28-45
and 28-46, proof that a building or demolition permit was issued to
a person for the subject construction site shall constitute a rebuttable
presumption that the permit holder owns or controls that construction
site. The failure of any person charged under said provisions to rebut
the presumption shall not mean that the trier of fact must find the
person guilty or that the burden of proof relative to the underlying
charge(s) has been shifted upon the accused.
Any person or persons, association, firm or corporation who
violates any provision of this article shall be guilty of a violation,
punishable as follows:
A.
For conviction of a first offense, by a fine of not less than $500
and not more than $2,500 or by imprisonment not exceeding five days,
or by both.
B.
For conviction of the second of two offenses, both of which were
committed within a period of five years, by a fine of not less than
$2,500 and not more than $5,000 or by imprisonment not exceeding 10
days, or by both.
C.
For conviction of a third or subsequent offense of a series of offenses,
all of which were committed within a period of five years, by a fine
of not less than $5,000 and not more than $10,000 or by imprisonment
not exceeding 15 days, or by both.
D.
Each week in which an offense against any provision of this article
is permitted to continue constitutes a separate and additional violation
and shall be punishable as such pursuant to this section.
E.
The Town Attorney is authorized and directed to institute any and
all actions and proceedings necessary to enforce this article. The
Town Attorney is also authorized to seek damages and any civil penalties
in any civil action, and such penalties shall be in addition to and
not in lieu of any criminal prosecution and penalty.
If any clause, sentence, paragraph, section, word or part of
this article is adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair or invalidate the
remainder of this article but shall be confined in its operation to
the clause, sentence, paragraph, section, word or part of this article
directly involved in the controversy in which judgment is rendered.
