[HISTORY: Adopted by the Town Board of the Town of Yorktown 10-21-2014 by L.L. No.
5-2014. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A freestanding receptacle, sometimes referred to as a "collection
bin," "dropoff box," "collection container," "bin," "depository,"
etc., that contains a depository drawer or opening, placed on property
in public view for the purpose of receiving reusable or recyclable
household items, such as clothing or shoes.
No person shall install a collection bin on private property,
except upon the granting of a permit pursuant to this section or as
part of an approved site plan.
With respect to collection bins not included as part of an approved
site plan, the Building Inspector is hereby authorized to grant annual
revocable permits for collection bins installed on property in nonresidential
zoning districts upon the terms and conditions set forth.
A.
The Building Inspector shall refer all applications for collection
bins to the Director of Planning. No permit shall be issued unless
the Director of Planning confirms that the site is in conformity with
the site plan and that the proposed collection bin will not interfere
with the site plan.
B.
There shall be at all times an adequate area for pedestrian movement.
The minimum distance shall be determined by the permitting authority.
C.
Markings on collection bins shall identify the items the permittee
seeks to collect and any items the permittee refuses to collect and
shall comply with General Business Law § 399-bbb.
D.
Collection must be made frequently enough to prevent the deposit
or accumulation of items outside the collection bin.
E.
Collection bins, the property upon which they are located, and the
public property adjacent thereto, including sidewalks, shall at all
times be kept free and clear of litter, debris and any substance that
may damage the sidewalk or cause pedestrian injury.
F.
The maximum number of collection bins that may be placed on any individual
property in a nonresidential zoning district is as follows:
|
Maximum Number of Bins
|
Minimum Lot Size
(square feet)
| |
|---|---|---|
|
2
|
10,000
| |
|
4
|
20,000
| |
|
6
|
30,000
| |
|
8
|
40,000
|
G.
Placement of collection bins shall be indicated in the application
for a permit with a sketch or drawing. Placement shall minimize interference
with site plan traffic flow and availability of parking.
[Amended 6-6-2017 by L.L.
No. 9-2017]
The annual permit fee shall be in an amount as set forth in
the Master Fee Schedule.[1]
A.
Compliance with this chapter is the responsibility of persons or
entities who have ownership interests in or who exercise control over
the property, including commercial tenants and managing agents, as
well as persons or entities identified on a collection bin as the
intended initial recipient of the items collected therein.
B.
Upon a finding by the Building Inspector that a permittee or other responsible person has violated any provision of this section or the terms and conditions of the permit or has engaged in any practice in conjunction with the permitted activity which constitutes a danger to the health or safety of person, the Building Inspector may issue a notice of violation requiring the permittee or other responsible person to correct such condition within three business days. In addition or in the alternative, the Building Inspector may enforce compliance with this chapter under the provisions of the Property Maintenance Code (Chapter 225) and/or Littering Code (Chapter 201).
C.
If a permittee fails to comply with a notice of violation within
the time stated, the Building Inspector shall revoke the permit by
issuance of a written notice of permit revocation.
D.
Upon the issuance of a notice of permit revocation, the Building
Inspector may cause the collection bin to be removed and stored until
the permittee redeems it by payment of a fee of $250 for the removal
plus $25 per day for storage.
E.
A permittee whose collection bin has been removed may, after redemption
thereof, file an appeal in writing of the Building Inspector's
decision to the Town Board and may submit any relevant evidence in
connection therewith. The Town Board may uphold the Building Inspector's
decision or reverse the decision and reinstate the permit with or
without conditions. The decision of the Town Board shall be final.
