[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.]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
The Code of the Town of Riverhead.
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.
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.
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.
Any person who has received a dropoff bin permit.
An individual, partnership, association, firm, company, corporation,
organization or other entity.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
See "premises."
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.
Any exempt entity as qualified under IRS Code § 501(c)(3).
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.
The Town of Riverhead.
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.
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.
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.
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.
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.
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.
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.