[HISTORY: Adopted by the Board of Trustees of the Village
of Old Field 10-14-2014 by L.L.
No. 3-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 80.
The purpose of this chapter is to allow for the temporary placement
and use of temporary storage units on properties within the Village
of Old Field, subject to regulations that the Board of Trustees has
determined to be necessary to insure that the placement and use of
said temporary storage units will not offend the health, safety and
aesthetics objectives of the Village. Accordingly, it is the intent
of this chapter to regulate the placement and use of temporary storage
units in order to promote the health and safety of the residents of
the Village and to preserve the aesthetic value of its neighborhoods.
As used in this chapter, the following terms shall have the
meanings indicated:
A person or entity that owns, rents, occupies, or controls
a property and seeks and/or obtains a written permit to place a temporary
storage unit on said property.
The person or entity that supplies a temporary storage unit
for use on the applicant's property.
A transportable unit or container, including those containers manufactured or supplied under the trade name "Portable On Demand Storage" or "PODS," designed and used primarily for the temporary storage of building materials, household goods, personal property of any kind, and other such materials for use on a limited basis. Such units shall not be considered an accessory structure as provided in Chapter 121 of the Code of the Village of Old Field (the "Zoning Code").
No person shall place a temporary storage unit on any property
in the Village unless the person that owns, rents, occupies, or controls
the property first obtains a written permit from the Village Clerk
to do so.
A.
An applicant
seeking a permit to place a temporary storage unit on his or her property
must submit an application, on a form provided by the Village Clerk,
which shall include, but not be limited to, the following information:
(1)
Name
and address of the applicant.
(2)
Name
and address of the supplier of the temporary storage unit.
(3)
The
address of the property where the temporary storage unit will be located.
(4)
The
intended use for the temporary storage unit.
(5)
A description
or diagram of the location where the temporary storage unit will be
placed on the property.
(6)
A physical
description of the temporary storage unit, including its physical
dimensions.
(7)
The
dates when the temporary storage unit will be placed on the property.
B.
All applications
for permits to place a temporary storage unit and extensions thereof
shall be accompanied by a fee of $50.
A.
Permits
to place a temporary storage unit shall be granted for a period of
30 days. Each property in the Village is limited to a maximum of two
permits per calendar year, and a minimum of 15 days shall elapse between
the end of one permit period and the beginning of another.
B.
At the expiration
of the thirty-day permit period, a permit may be extended for one
additional thirty-day period for good cause shown. Where a valid building
permit exists for the premises and the temporary storage unit is being
used solely to store the personal property of the owner or occupant
of the premises, multiple thirty-day permit extensions may be granted
for good cause shown. In no event shall the duration of a permit,
including any and all extensions, exceed more than one year from the
date of the original permit.
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 unit on property located within the Village
without obtaining a written permit as provided above.
B.
Only one
temporary storage unit shall be located on any one property at any
given time.
C.
Temporary
storage units shall be limited to a maximum size of nine feet in height,
10 feet in width or 20 feet in length.
D.
Temporary
storage units 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 units must be placed at the farthest accessible
point from the street. A temporary storage unit shall not be placed
less than 10 feet from a property line.
E.
Temporary
storage units are prohibited from being placed in or on public or
private roadways or rights-of-way.
F.
Temporary
storage units shall not be located in a manner that blocks the flow
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 unit 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 an unsightly
condition on the property.
H.
Temporary
storage units 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 unit 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 unit is located (i.e., used
for retail sales) or any other illegal or hazardous material. Upon
reasonable notice to the applicant, the Village may inspect the contents
of any temporary storage unit at any reasonable time to ensure that
it is not being used for any prohibited purpose.
J.
A temporary
storage unit 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 Village immediately, without notice, and
the costs and expenses thereof shall be certified to the Board of
Trustees, which the Board shall then assess such costs and expenses
against the property on which the temporary storage unit was located,
which costs shall be collected and enforced in the same manner as
real property taxes.
If the applicant or supplier fails to comply with the requirements
for the placement and use of temporary storage units, the Village
Clerk shall revoke the permit. Upon revocation of the permit, the
temporary storage unit shall be removed from the property within 24
hours.
A.
Each offense
against the provisions of this chapter shall constitute a violation
pursuant to the Penal Law of the State of New York and shall be punishable
as such. Each day a condition in violation of this chapter exists
shall constitute a separate violation of this chapter. Any person
or persons violating any provisions of this chapter shall be liable
for and pay a fine of not less than $50 and not more than $250 for
a conviction on each offense.
B.
Each and
every day that a violation of this chapter shall exist shall constitute
a separate violation of this chapter.
