[Adopted 5-14-2002 by L.L. No. 2-2002 (Ch. 89 of the 1986 Code)]
The purpose of this chapter is to establish rules and regulations
appertaining to the use, management and control of an area of land,
title to which is held by the operator/owner of the solid waste transfer
station. Said area shall hereafter be referred to as the "solid waste
transfer station," and its use shall at all time hereafter be subject
to the provisions contained herein as well as to such provisions of
6 NYCRR 360.11 as shall have specifically been incorporated herein
by law.
As used in this code, the following terms shall have the meanings
indicated:
Refuse resulting from construction, remodeling, repair and
demolition of structures. Such wastes include bricks, concrete and
other masonry materials, soil, rock, stones and lumber.
Any appliance of a type customarily used in a residence and
shall include, by way of illustration and not of limitation, refrigerators,
washers, dryers, stoves, microwaves, toasters, blenders, hot water
heaters, vacuum cleaners, humidifiers, air conditioners, television
sets, radios, stereos or components thereof and computers.
Solid waste transfer stations may be located only in R-A
and H-D Zones by special use as approved by the Town Planning Board
only after site plan review.
Minimum lot size shall be 20 acres. The Planning Board may
require a larger minimum lot area and road frontage if necessary to
safely accommodate the nature and scale of the proposed use.
The person who is responsible for the operation of the solid
waste transfer station.
Any individual, public or private corporation, political
subdivision, government, agency, apartment or bureau of the state
or federal government, municipality, industry, copartnership, association,
firm, trust, estate or any other legal entity.
Anything intended to be deposited at any site with the solid
waste transfer station.
None of the following refuse may be deposited at the solid
waste transfer station: chemicals which are of a caustic or toxic
nature or which are harmful to human health, explosives, flammable
liquids, radioactive materials, seepage, motor vehicles or any single
part thereof exceeding 100 pounds in weight.
The contents of a septic tank, cesspool or other individual
sewage treatment facility, which received domestic or commercial sewage,
wastes.
A combination of structures, machinery or devices at a place
or facility where solid waste is taken from collection vehicles and
placed in larger transportation units for movement to another solid
waste management facility, and also includes an area where brush,
tree limbs, tree trunks, logs and other similar materials are deposited;
a solid waste management facility, including a recyclable handling
and recovery facility or a construction and demolition debris processing
facility where solid waste is received for the purpose of subsequent
transfer to other solid waste management facilities for further processing,
treatment, transfer or disposal.
Any household appliance containing a refrigerant, e.g., refrigerator,
freezer, air conditioner, etc.
A.
The applicant shall provide proof to the Board that the landowner
has consented to the operation of a transfer station.
B.
The applicant, prior to applying for a special use permit under this
code, shall have applied for and satisfied all required federal, state
and county permits. The applicant shall have been issued all permits
required by federal, state and county governments for the processing
of solid waste at the site prior to the issuance of a use permit pursuant
to this code.
C.
The applicant shall have obtained site plan approval by the Town
Planning Board.
D.
The requirements of articles of this chapter shall be complied with,
as applicable. The Planning Board shall establish side and rear yard
buffers as part of the site plan review. Such use is reasonable, necessary
and will be in harmony with and promote the general interests and
welfare of the surrounding community.
E.
Notwithstanding any provision of law to the contrary, where a proposed
special use permit contains one or more features which do not comply
with the zoning regulations, application may be made to the Zoning
Board of Appeals for an area variance, without the necessity of a
decision or determination of an administrative official charged with
the enforcement of the zoning regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
The proposed use will not preclude the orderly and reasonable use
of adjacent property. No solid waste will be maintained permanently
on site.
G.
The site is particularly suitable for the location of such use in
the community.
H.
The access facilities are adequate for the estimated traffic from
public streets so as to ensure the public safety and to avoid traffic
congestion.
I.
There is room for creation of off-street parking and truck-loading
spaces at least in the number required by the applicable provisions
of this code, but in any case, adequate for the actual anticipated
number of occupants of the proposed use, whether employees, patrons
or visitors and, further, that the layout of spaces and related facilities
can be made convenient and conducive to safe operation.
J.
The proposed use will not pose risks to the public health or safety.
K.
The characteristics of the proposed use are not such that its proposed
location would be unsuitably near to a church, school, theater, and
senior citizens' residence, recreational area or other place
of public assembly.
L.
Adequate buffer yards and screening shall be provided to protect
adjacent properties and land uses from possible detrimental impacts
of the proposed use.
M.
Adequate provision shall be made for the collection and disposal
of stormwater runoff, sewage, refuse and other liquid, solid or gaseous
waste which the proposed use will generate.
N.
The natural characteristics of the site are such that the proposed
use may be introduced there without undue disturbance or destruction
of important natural features, systems or processes and without significant
negative impact to groundwater and surface water on and off the site.
O.
The lot area is sufficient, appropriate and adequate for the use,
as well as reasonably anticipated operation expansion thereof.
P.
The proposed use shall comply with all provisions of this code and
of the codes which are applicable to it and must meet every other
applicable federal, state, county and local law, ordinance, rule or
regulation.
Q.
The proposed use will not result in unacceptable levels of noise,
vibration, smoke, dust, or noxious gases nor negatively impact upon
air quality.
R.
The applicant shall provide a description of all material to be transferred,
stored and processed on the site, in addition to providing a general
operating plan as part of the site plan review.
S.
A public hearing shall be held before the Planning Board pursuant
to articles of the Code of the Town of Potsdam prior to any final
approval being granted for the application.
A.
The operator of the solid waste transfer station shall at all times
be in compliance with all federal, state, county and Town laws, provisions
of use permits, ordinances, rules and regulations, storage, processing
and disposal of solid waste.
B.
The Board may limit the term of the permit, as it shall determine
in its sole discretion.
C.
The Board may limit hours per day of operation upon a finding that
such a limit is necessary.
D.
The Board may require that the applicant post a bond with sufficient
surety upon a finding that such a bond is necessary to protect the
value of the property, character of the neighborhood and the public
health and safety.
E.
The Board may impose such other reasonable conditions and restrictions
as it shall deem appropriate.
F.
Tipping and processing of solid waste shall only occur in enclosed
structures as approved by the Town of Potsdam.
G.
The applicant shall pay the application fee, which will be set by
Town Board resolution from time to time.
The following are restrictions on the solid waste transfer station:
A.
Chemicals which are of a caustic or toxic nature or which are harmful
to human health, explosives, flammable liquids, radioactive materials,
seepage, motor vehicles or any single part thereof exceeding 100 pounds
in weight.
B.
The Town of Potsdam Planning Board, as part of its site plan review,
shall determine daily operations of refuse tonnage.
C.
The daily operation schedule shall be determined so not to interfere
with private sector home life.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person committing an offense against any chapter or article
of this code for which a different penalty is not specifically provided
shall, upon conviction thereof, be punishable by a fine of not more
than $250 or by imprisonment for not more than 15 days, or by both
such fine and imprisonment. Each day that an offense continues shall
constitute a separate violation.
