[Added 8-28-2015]
The purpose of these regulations is to manage unattended donation
containers within the Town of Lancaster. The procedures and requirements
of these regulations are intended to:
A.
Promote the community's health, safety, and welfare by regulating
unattended collection containers.
B.
Ensure that unattended donation containers do not pose a health hazard.
C.
Ensure that material is not allowed to accumulate outside of the
unattended donation containers.
D.
Establish criteria that avoids attracting vermin and creating a public
health hazard.
As used in this article, the following terms shall have the
meanings indicated:
The property owner who is requesting a permit authorizing
placement of an unattended donation container(s).
The Lancaster Board of Health or its designee(s).
A person, entity, association or organization that places,
maintains or operates an unattended collection container(s) to solicit
donations of salvageable personal property.
The property owner who is issued a permit authorizing placement
of an unattended collection container(s).
The person, entity, association or organization who owns
the real property where the unattended collection container(s) is/are
or is/are proposed to be located.
Any unattended container, receptacle, or similar device that
is located on any property within the Town of Lancaster used for soliciting
and collecting donations of clothing or other salvageable personal
property. This term does not include recycle bins for the collection
of recyclable materials governed or regulated by local code.
A.
Unless otherwise exempt, it shall be unlawful and a public nuisance
for any property owner or operator to place, operate, maintain or
allow unattended collection containers on real property in the Town
of Lancaster unless the property owner first obtains a permit pursuant
to these regulations and the collection container is placed, operated
and maintained in accordance with the provisions of these and any
associated zoning regulations. Unattended collection containers shall
not be placed on any public property, including sidewalks, streets
or open space.
B.
The permit application shall be made on a form provided by the LBOH
and shall include the following information:
(1)
The name, address, e-mail, website (if available) and telephone
number of the applicant.
(2)
The name, address, e-mail, website, and telephone number of
the operator of the unattended donation container.
(3)
A drawing sufficient to indicate the proposed location of the
unattended donation container on the owner's real property, as well
as the size of the proposed unattended donation container.
(4)
The collection schedule.
C.
Each application shall be accompanied by a nonrefundable fee and
submitted to the LBOH office.
D.
The application fee will be as documented within the LBOH Fee Schedule.
E.
Applications will be reviewed at the next available scheduled meeting
of the LBOH following receipt of the application.
F.
The LBOH shall not issue a permit unless:
(1)
The applicant has submitted a complete and accurate application
accompanied by the applicable fee.
(2)
The proposed location and placement of the unattended donation
container on the property owner's real property are in compliance
with all local zoning regulations and do not have the potential to
cause an issue to endanger public health or have the potential to
create a public health nuisance.
G.
If the LBOH denies an application, the LBOH shall state, in writing,
the specific reasons for denial.
H.
Permits issued hereunder shall be valid for one unattended donation
container. Multiple unattended donation containers shall have their
own individual permits.
I.
The term of the permit shall be valid from January 1 to December
31 of the following year and renewable for one-year periods thereafter.
J.
No person or operator to whom a permit has been issued shall transfer,
assign, or convey such permit to another person or operator.
K.
Prior to expiration of the permit, the permittee may voluntarily
cancel the permit by notifying the Director in writing of the intent
to cancel the permit. The permit shall become void upon the Director's
receipt of a written notice of intent to cancel the permit. The applicant
shall not be entitled to a refund of any of the permit fee.
A.
A permittee shall operate and maintain or cause to be operated and
maintained all unattended donation containers located in the Town
as follows:
(1)
Unattended donation containers shall be maintained in good condition
and appearance with no structural damage or defects, holes, or visible
rust, and shall be free of graffiti.
(2)
Unattended donation containers shall be locked or otherwise
secured.
(3)
Unattended donation containers shall contain the following contact
information in two-inch type visible from the front of each unattended
donation container: the name, address, e-mail, and phone number of
both the permittee and the operator.
B.
Unattended collection containers approved by the LBOH shall be issued
a permit before placement on real property.
C.
Unattended donation containers shall be serviced and emptied as needed,
or within three business days of a request by the LBOH or its designee.
D.
The permittee shall maintain or cause to be maintained the area surrounding
the unattended donation containers free of any junk, garbage, trash,
debris or other refuse material.
E.
The permittee and operator shall be individually and severally responsible
for abating and removing all rubbish, trash, garbage, junk, debris
and any other refuse material in the area surrounding the unattended
donation containers within 24 hours of written or verbal notice from
the Director or his/her designee.
F.
The permittee and operator shall be individually and severally responsible
for all costs for abating and removing any junk, garbage, trash, debris
and other refuse material from the area surrounding the unattended
donation containers. If, after notification, the permittee fails to
clean items outside the container and the Town of Lancaster is required
to clean and dispose of the items, the cost will be assessed to the
permittee.
A.
The LBOH shall have the right to revoke any permit issued hereunder
if any of the grounds upon which it may refuse to issue an initial
permit exists. In addition, the failure of the operator or permittee
to comply with the provisions of this regulation or other provisions
of this regulation or other law shall also constitute grounds for
revocation of the permit.
B.
The LBOH shall provide a written notification to the permittee stating
the specific grounds for revocation. Upon revocation, the unattended
donation container shall be removed from the permittee's real property
within 15 calendar days; and if not removed within this time period,
the Town may remove, store and dispose of the unattended donation
container at the permittee's sole cost and expense.
C.
Upon revocation, a permittee shall be prohibited from applying for
a permit for a period of one year. Any violation of the provisions
of this regulation is considered a public nuisance according to MGL
c. 111, § 122, and subject to abatement permitted by law.
D.
Any violation, in addition to remedies identified in these regulations,
which creates or as a result of which there is created any accumulation
of garbage, offal, solid waste, trash, refuse, filth, waste ban material
or junk on any real property is hereby declared a nuisance.
A.
Any person aggrieved by the decision rendered by the LBOH in granting
or denying an application for a permit under this article or in revoking
or refusing to renew a permit issued hereunder may appeal the decision
to the LBOH.
B.
The appeal shall be made by filing a written notice requesting a
hearing thereof not later than 10 calendar days after receiving notice
of the decision of the LBOH. The LBOH shall hold a hearing on the
appeal within 30 calendar days, and, notwithstanding other provisions,
the decision of the LBOH shall be final.
Unattended donation containers located entirely within the interior
of a building are exempt from the requirements of this article.
