[HISTORY: Adopted by the Board of Trustees of the Village
of Westhampton Beach 3-2-2017 by L.L. No. 2-2017. Amendments noted where applicable.]
It shall be unlawful for any person, business entity, or corporation
to place, maintain or store a dropoff bin (as defined below), or to
continue to maintain or store a dropoff bin, upon any property in
the Village unless there is a valid permit in effect issued pursuant
to the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, business entity or corporation that applies to
the Village for an approval to store or place a dropoff bin upon a
premises pursuant to the provisions of this chapter.
The not-for-profit organization or other entity that owns
the dropoff bin.
The Code of the Village of Westhampton Beach.
A freestanding receptacle, sometimes referred to as a "dropoff
box," "collection container," "bin," "depository," "donation box,"
etc., which is 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, and/or charitable purposes.
Any person, business entity, or corporation that applied
for and has obtained a dropoff bin permit from the Village, pursuant
to the provisions of this chapter.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property where the dropoff bin
is to be located and/or shown as the owner of the property on the
current assessment roll.
Any exempt entity as qualified under IRS Code § 501(c)
or (d), which is registered as a charitable organization with the
Attorney General of the State of New York, unless exempt from registration
under New York State Executive Law § 172-a.
A.
Conditions. An applicant may apply for a dropoff bin permit to place,
maintain, or store a dropoff bin on premises in the Village, provided
the following conditions are met:
(1)
Only qualified applicants as defined herein will be eligible to receive
a dropoff bin permit.
(2)
Dropoff bins shall only be permitted on properties within the following
zoning districts of the Village: Business District (B-1), Business
District 2 (B-2), Business District 3 (B-3) and Industrial District
1.
(3)
The area where the applicant plans to place the dropoff bin must
be shown on a site plan or survey that is submitted along with the
permit application.
(4)
Dropoff bins in the B-1, B-2 and B-3 Business Districts must be located
so that each is located at least 50 feet from the front property line.
In no event shall a dropoff bin be placed in front of the entrance
or exit of any building, or within 30 inches of any alley, walkway,
or other pathway.
(5)
The property owner, the bin owner and the permittee shall be responsible
for any damage caused by a dropoff bin to any sidewalk or public property.
(6)
The dropoff bin will not interfere with or prevent the orderly and
reasonable use of adjacent properties.
(7)
The dropoff bin will not impair the peace and comfort of adjacent
properties.
(8)
Each dropoff bin shall contain the name, principal address and telephone
number of the bin owner. The lettering shall be at least two inches
high.
(9)
There shall be no stockpiling or storage of any donated items, goods,
or wares outside of any dropoff bin in the Village.
(10)
No dropoff bin shall be placed or maintained within any public way
or any landscaped area, buffer area or parking space required by any
approval given by the Village's Planning Board, Zoning Board
of Appeals or Board of Trustees.
(11)
No dropoff bin shall be placed or maintained in a location that interferes
with any approved site plan with regard to traffic flow or parking
areas.
(12)
There shall be a limit of no more than two dropoff bins on any Tax
Map lot.
(13)
No dropoff bin shall cover a ground surface area greater than five
feet by five feet nor be greater than six feet in height.
(14)
The property owner, the bin owner and the permittee shall ensure
that the area around the bin is monitored to ensure compliance with
all conditions.
(15)
The responsibility for compliance with this chapter is with the property
owner, the bin owner and the permittee.
(16)
The property owner, the bin owner and the permittee shall comply
with New York General Business Law § 399-bbb and any other
applicable laws and regulations relating to dropoff bins.
B.
Procedures for issuance of permit. The Board of Trustees may issue
a dropoff bin permit subject to the following procedures:
(1)
An application for a permit shall be filed yearly with the Board
of Trustees on a form provided for and approved by the Trustees.
(2)
The application shall include:
(a)
The street address and Tax Map designation (section, block,
and lot or lots) of the property where the dropoff bin is to be located;
(b)
A copy of the most recent deed and real property tax bill, confirming
the ownership of record of the property where the dropoff bin is to
be located;
(c)
A site plan or a survey depicting the proposed location of the
dropoff bin on the property;
(d)
The name, permanent address and telephone number of the applicant;
(e)
If the applicant is not the property owner, the application
shall be accompanied by an affidavit, signed by the property owner,
sworn to under oath, which authorizes the applicant to locate and
maintain a dropoff bin upon the property. The form will also contain
the property owner's name, permanent address, and telephone number;
(f)
If the applicant is not the bin owner, the application shall
also be signed by the bin owner and shall contain the bin owner's
name, permanent address, and telephone number;
(g)
A statement that the property owner may rescind consent to the
location/maintenance of the dropoff bin on its property at any time;
(h)
The written agreement and consent of the property owner, the
bin owner and the permittee to the following:
[1]
That upon revocation of the property owner's consent or
the expiration or revocation of the dropoff bin permit, the dropoff
bin will be removed from the property within 10 days of receiving
written notice of such revocation of consent or revocation or expiration
of the permit;
[2]
That upon failure to remove the dropoff bin within such ten-day
period and after an additional ten-day notice from the Village, the
Village is authorized to enter onto the property and remove and dispose
of the dropoff bin at the expense of the property owner and bin owner
who will be jointly and severally liable therefor;
[3]
That the Village may dispose of the bin in any manner it deems
suitable; and
[4]
That in the event the Village enters onto the property and removes
the bin, the property owner, the bin owner and the permittee waive
any claim for property damages or consequential damages against the
Village.
(i)
The application must be executed by and sworn to under oath
by the owner or owners of the property upon which the dropoff bin
is proposed to be placed;
(j)
The applicant must submit a copy of the IRS ruling or determination
letter evidencing the tax-exempt status under IRC § 501(c)
or (d) and evidence of its registration as a charitable organization
with the Attorney General of the State of New York, unless exempt
from registration under New York State Executive Law § 172-a;
and
(3)
In giving the notice contemplated by Subsection B(2)(h) above, the Village shall be entitled to rely on the addresses in the application.
(4)
A permit for a dropoff bin shall be effective for a one-year period.
(5)
Upon receipt of a completed application, the Board of Trustees shall
forward the application to the Planning Board, the Police Department,
the Department of Public Works and to any other agency or officer
of the Village that the Board of Trustees deems appropriate for report
and recommendation. In the event that the Board of Trustees requests
additional information from the Village Engineer or any other consultant
or professional, the cost thereof shall be paid by the applicant prior
to any determination by the Board of Trustees.
(6)
Before acting on any application, including any renewal, the Board
of Trustees shall receive and review reports and recommendations submitted
by the Planning Board, Police Department and Department of Public
Works.
(7)
A public hearing on the initial permit application shall be held
by the Board of Trustees.
(8)
The Board of Trustees may waive the requirement for a public hearing
on the renewal of the permit, provided that the renewal application
is the same as the original application. If the renewal application
contains no changes, or only minor changes, and there have been no
complaints about the dropoff bin or bins in question, the Board of
Trustees may waive the requirement for a public hearing.
(9)
The Board of Trustees may, in its sole discretion, deny the renewal
of any permit based upon a violation or violations of the permit conditions
occurring in the prior year or if the Board of Trustees determines
that the permit is in conflict with another permit or permits issued.
(10)
The filing fee for the permit and renewal permit shall be determined
from time to time by resolution of the Board of Trustees.
(11)
All dropoff bins in use before the effective date of this chapter
must be in compliance with the requirements of this chapter within
six months of the effective date of this chapter.
(12)
An application for the renewal of a dropoff bin permit must be filed
no later than 30 days prior to its expiration. The renewal application
shall be signed under oath by the applicant, property owner, bin owner
and permittee.
A.
To approve the issuance of a dropoff bin permit, the Trustees 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.
B.
A dropoff bin permit (sticker) shall be issued by the Trustees for
each dropoff bin being permitted and shall contain the dropoff bin
permit number and the name(s) and telephone number(s) of the permittee,
the property owner and the bin owner.
C.
The dropoff bin permit (sticker) issued shall be affixed to each
and every dropoff bin used by the permittee prior to its use in the
Village. With respect to dropoff bins in use before the effective
date of this chapter, the permit sticker shall be affixed within seven
days from the issuance of the permit. The permit sticker shall be
placed on the same side of the bin as the chute used for the deposit
of the clothing and/or goods.
A.
Revocation. If a violation of this chapter or any conditions hereof,
including any special conditions of a permit issued hereunder, is
noted by the Code Enforcement Officer, Police Department or Highway
Department, they shall send a report to the Village Clerk indicating
the date, time and location of said violation. The Village Clerk shall
send notice to the property owner, bin owner and permittee informing
them of the alleged violation. Notice of a second violation to the
property owner, bin owner and permittee will cause the property owner,
bin owner and permittee to be directed to appear before the Board
of Trustees for a hearing and may result in revocation of the dropoff
bin permit. The property owner, bin owner and permittee may provide
testimony and other evidence at this hearing as to why a permit shall
not be revoked. The permit shall be revoked unless the Board of Trustees
finds, in its sole discretion, that adequate measures have been taken
and will be taken to ensure that there is no reasonable possibility
of further violations. A permit holder's failure to appear before
the Board of Trustees shall automatically result in permit revocation.
B.
Removal. Upon rescission of consent by the property owner, expiration
or revocation of the dropoff bin permit, the dropoff bin must be removed
from the property within 10 days. If the dropoff bin is not removed
from the property, upon 10 days' additional written notice to
the property owner, the bin owner and the permittee, the Village is
authorized to enter onto the property and remove the dropoff bin at
the expense of the property owner and bin owner, who will be jointly
and severally liable therefor.
C.
In addition to the foregoing remedy of revocation, each violation of the provisions of this chapter, including the violation of any conditions in § 77-3 or any special conditions of a permit issued hereunder, shall constitute a separate offense punishable by a minimum fine of at least $250 and not to exceed $500 for the first offense and $1,000 for each subsequent offense. Each day the violation continues shall constitute a separate offense.
