Town of Riverhead, NY Chapter 223 Dropoff Bins

[HISTORY: Adopted by the Town Board of the Town of Riverhead 9-3-2014 by L.L. No. 9-2014 (Ch. 98A of the 1976 Code). Amendments noted where applicable.]

§ 223-1 Legislative intent.

In protecting the health, safety and welfare of persons in the Town of Riverhead, the Town Board, by the enactment of this chapter and its subsequent amendments, provides for the proper permitting, maintenance and storage with regard to dropoff bins stored within the areas set aside in shopping centers and other retail, service, office and public assembly spaces within the Town and to further ensure that all dropoff bins do not become a potential problem with regard to visual blight, traffic or pedestrian safety. By enforcing this chapter, the Town will upgrade the appearance of such spaces and enhance the quality of our suburban life, as well as protect our environment.

§ 223-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

APPLICANT

Any person, business entity or corporation that applies to the Town for an approval to store or place a dropoff bin upon a premises pursuant to the provisions of this chapter.

CODE

The Code of the Town of Riverhead.

DROPOFF BINS

Freestanding receptacles, sometimes referred to as "dropoff boxes," "collection containers," "bins," "depositories," "clothing bin," etc., which are generally metal in composition, with a depository drawer or chute, placed on any property or premises for the purpose of receiving clothing, shoes, household items and the like from the public for donation, not-for-profit, charitable or other purposes.

LANDSCAPED AREAS

Any area on or about the premises described herein, including parking lot islands, which is used for the placement of landscaping, such as shrubbery, trees, grass and flowers.

OWNER

Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERMITTEE

Any person who has received a dropoff bin permit.

PERSON

An individual, partnership, association, firm, company, corporation, organization or other entity.

PREMISES

A lot, plot or parcel of land, easement or public way, including any structures thereon.

PROPERTY

See "premises."

PUBLIC WAY

Any area of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

QUALIFIED APPLICANT

Any exempt entity as qualified under IRS Code § 501(c)(3).

REGISTRANT

Any person, business entity or corporation that applies to the Town and has obtained an approval to store or place a dropoff bin upon a premises pursuant to the provisions of this chapter.

TOWN

The Town of Riverhead.

§ 223-3 Permit required.

It shall be unlawful for any person, business entity or corporation, except for the Town of Riverhead or other municipal agency, to maintain, place or store or cause to be maintained, placed or stored a dropoff bin upon any premises without having first obtained a permit issued by the Building Department.

§ 223-4 Specifications and restrictions.

A. The responsibility for compliance with this chapter is with the owner, registrant or managing agent, as well as any person who or which places or stores a dropoff bin within the Town.

B. Only charitable organizations which are recognized pursuant to IRS Code § 501(c)(3) shall be permitted to apply for and obtain a dropoff bin permit.

C. Dropoff bins as defined in § 223-2 above are only permitted in the Destination Retail (DRC) and Business Center (BC) Zoning Districts within the Town. Notwithstanding the foregoing, dropoff bins shall be allowed on any premises containing a church, temple, house of worship or other religious institution, regardless of the zoning district in which it is located.

D. There shall be a limit of no more than two dropoff bins on any Tax Map lot.

E. No dropoff bin shall cover a ground surface area greater than five feet by five feet nor be higher than six feet in height.

F. Dropoff bins shall be located such that each bin shall be located at least 50 feet off the front property line and at least 25 feet off any side yard property line.

G. Each dropoff bin shall contain the name, principal address and telephone number of the owner of the dropoff bin. The lettering shall be at least two inches high.

H. It shall be unlawful for any person, owner, registrant or managing agent as defined in this chapter to cause or allow the stockpiling of any donated items, goods or wares outside of any dropoff bin located within the Town.

I. It shall be unlawful for any person, owner, registrant or managing agent as defined in this chapter to cause or allow storage and/or placement of any dropoff bin within any landscaped area, public way, or in parking spaces.

J. It shall be unlawful for any person, owner, registrant or managing agent as defined in this chapter to cause or allow storage and/or placement of dropoff bins that interfere with any approved site plan pursuant to Chapter 301 of this Code with specific regard to traffic flow or parking areas.

K. In the event that the ownership of a dropoff bin for which a dropoff bin permit is issued is transferred, the new owner shall register the dropoff bin within 30 days of the closing of title pursuant to the requirements set forth in this chapter. Any dropoff bin permit issued under this chapter is not transferable upon owners. If the dropoff bin is not registered as required by this chapter, there will be a presumption that said premises are being utilized without a valid dropoff bin permit in violation of this chapter.

§ 223-5 Application for permit; issuance.

A. Application requirements. An application for placement or storage of a dropoff bin shall be made in writing to the Building Department on a form provided therefor and approved by the Town Building and Planning Administrator. The application shall include the following:

(1) The street address and Tax Map designation (section, block and lot or lots) of the premises intended for the placement or storage of a dropoff bin.

(2) A copy of the most recent deed and real property tax bill, confirming the ownership of record of the premises for which a dropoff bin permit is being sought.

(3) The name and permanent address and telephone number of the applicant.

(4) If the applicant is not the owner of the premises as defined in this chapter, each application for a dropoff bin permit shall be accompanied by an affidavit, signed by each owner of the premises sworn to under oath which authorizes the applicant or registrant to store a dropoff bin upon his or her premises. Said form shall also contain the owner's name, permanent address, and telephone number.

(5) An approved site plan depicting the location of the dropoff bin, or if there is no approved site plan depicting the dropoff bin, the applicant shall submit a survey depicting the proposed location of the dropoff bin. For the purposes of this section, any site plan review may be waived, provided the dropoff bin meets all requirements set forth in this chapter.

(6) Each application shall be executed by and sworn to under oath by the owner of the premises on which the dropoff bin is proposed to be placed.

(7) In addition, the applicant shall also submit a copy of the IRS Code § 501(c)(3) exemption.

B. Issuance.

(1) In order to approve the issuance of dropoff bin permit, the Town Building and Planning Administrator must determine that the proposed location of the dropoff bin complies with all the provisions of this chapter and that the proposed location does not interfere with the flow of pedestrian and/or vehicular traffic on the subject premises.

(2) A dropoff bin permit (sticker) shall be issued by the Building Department for each dropoff bin being permitted and shall indicate the following:

(a) The dropoff bin permit number.

(b) The name(s) and telephone number(s) of the registrant.

C. Posting. A dropoff bin permit (sticker) issued by the Building Department shall be affixed to each and every dropoff bin used by the permit holder or registrant for the collection and storage of new or used goods or wares prior to placement or storage.

(1) The permit sticker shall be at all times legible and placed on the same side of the dropoff bin as the chute used for the deposit of the goods or wares.

(2) In addition to the foregoing Subsection C(1) above, all provisions of New York State General Business Law § 399-bbb relating to the required posting and marking of information relating to the identification and provenance of the dropoff bin must be complied with.

§ 223-6 Fees; term of permit; renewal.

A. Fees. Any application fee shall be set by the Town Board by resolution.

B. Term. The term of the dropoff bin permit shall be for a term of one calendar year.

C. Renewal. Application for the renewal of a dropoff bin permit shall be filed no later than 30 days prior to its expiration. The application shall be verified and shall set forth the information listed in § 223-5 of this chapter. Forms for the renewal application shall be supplied by the Building Department and shall be requested by the applicant or owner within 30 days of expiration of his or her permit.

§ 223-7 Time for compliance.

All dropoff bins in use before the effective date of this chapter shall be in compliance with said specifications set forth within six months of the effective date of this chapter.

§ 223-8 Penalties for offenses; impounding of illegal dropoff bins.

A. Any person, owner, occupant or registrant as defined in this chapter who or which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable by:

(1) A fine of not less than $500 and not exceeding $2,500 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.

(2) A fine of not less than $2,500 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of two offenses, both of which were committed within a period of five years.

(3) A fine of not less than $5,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the third or subsequent offenses of a series of offenses, all of which were committed within a period of five years.

B. Each week's continued violation shall constitute a separate additional violation.

C. Impounding of illegal dropoff bin.

(1) Any dropoff bin which is illegally present on any property within the Town of Riverhead is subject to being impounded by the Town of Riverhead without notice to the owner of the dropoff bin or property owner.

(2) Any dropoff bin which is impounded is subject to a fee of $250 for transportation of said dropoff bin and a fee of $250 per day for storage for each day of impounding.

(3) Ten days after notification to the proper owner that the dropoff bin has been impounded, said dropoff bin shall be forfeited to the Town of Riverhead and used, sold or destroyed at the sole discretion of the Town of Riverhead.