[HISTORY: Adopted by the Town Board of the Town of Cortlandt 5-15-2018 by L.L. No. 5-2018. Amendments noted where applicable.]
The Town Board finds that garbage dumpsters and collection areas have become unsightly, creating a blighting condition throughout the Town. While recent site plan approvals require enclosures and screening for dumpsters, older approvals do not. It is the intent of the Board to require that screening and enclosures be installed on all commercial and multifamily properties with three or more units over the next twelve-month period.
Dumpsters or large garbage or refuse containers for use on private land shall be suitably protected on all sides by opaque fencing or screening at least 12 inches above the height of the container or otherwise protected from open view and shall be kept in a clean and neat condition, and the surrounding area must be free of litter. Consideration must be given to hedging and landscaping around all proposed enclosures.
Enclosures are required Town wide.
Enclosures shall be first located in the rear of the property. Consideration shall then be given to side yards. Enclosures shall not be permitted in the front yard setback.
Placement of enclosures shall be planned and constructed in a manner that allows unobstructed access to each dumpster and the opening of gates for pickup and disposal.
Enclosures shall not be located as to have any service vehicle block any street intersection, driveway entrance or fire access lane.
Enclosures adjacent to residentially zoned properties shall be placed as far as possible from the residential property line.
Enclosures with swing gates shall be set back from the property line a distance equal to the width of the gate.
All enclosures shall have service access gates. Gates cannot swing over the property line or into the public-right-of-way when open.
For serving multiple commercial or residential tenants, a separate thirty-six-inch access gate shall be constructed for use by the tenants.
A building permit application is required to be submitted and approved prior to the construction of any enclosure.
A copy of the property survey or approved site plan showing, including but not limited to the proposed enclosure, dumpster location plan, setback from the property lines, location of gate openings (including swing), dimensions, material, height and landscaping.
Plans shall be submitted by a licensed professional engineer or architect in the State of New York, if other than fencing and where on lot.
The approval authority, with respect to applications hereunder, shall be as follows:
The Planning Board shall be the approval authority with respect to any application which requires the issuance of any other permit or approval by it pursuant to the local laws and ordinances of the Town of Cortlandt, including any application which also requires the issuance of any permit or approval by the Zoning Board.
The Town Board shall be the approval authority with respect to any application which requires the issuance of any other permit or approval by it pursuant to the local laws and ordinances of the Town of Cortlandt, including any application which also requires the issuance of any permit or approval by the Planning Board or Zoning Board.
The Director of Technical Services, the Director of Code Enforcement or deputy/designee in absence with respect to all other regulated activities, and no public hearing shall be required.
Hardship and reasonable modifications shall be considered, and appeals may be made to the Zoning Board of Appeals.
Such dumpsters on public land shall be maintained only by the direction and supervision of the Department of Environmental Services.
Property owners must keep constructed enclosures in good repair and in a safe and structurally sound condition. Property owners must maintain the effectiveness of vegetation screens by properly caring for and replacing, as necessary, the plantings that serve as screening devices.
Enclosures can be constructed of wood lumber, composite lumber, masonry, concrete or a suitable sturdy material conditioned to withstand the weather.
Landscape screening shall be considered when space permits.
Maximum enclosure height shall be 12 inches greater than the highest part of the dumpster.
Enclosures must be constructed on a paving surface capable of withstanding vehicular loading and allow dumpsters to roll.
Service access gates must:
Be constructed with a sturdy metal frame and hinges.
Contain hinge assemblies that withstand the weight and movement of the gates as to not sag.
Be opaque, non-see-through material.
Have gate stops and latches that are functional in the full open and close position.
Contain the contact information of the service company.
In the event that the private land presents a particular hardship in the ability of the owner to maintain the requisite screening, such owner may petition the Zoning Board to vary the application of this chapter as to his/her property. For properties with previous approved site plans, the Planning Board through correspondence may vary the requirements based on the recommendations of the Director of Technical Services. For all other applications the Zoning Board after a public hearing in accordance with § 307-27, Public hearing, of the Town Code may grant an exemption or modify the requirements with conditions.
Enclosures are not required for dumpsters that are stored on private property that is screened by fencing and is not visible off site.
The Department of Technical Services will notify property owners of the adoption of this chapter. All commercial and multifamily properties with three or more units within the Town must be in compliance with this chapter within 12 months from the effective date.
For enclosures constructed within the implementation period as specified in this chapter, no building permit fee is required. The applicant is required to reimburse the Town for any required notification fees.
For enclosures constructed after the implementation period, a building permit fee based upon the cost of construction with penalty is required.
The application fee for plan approval shall be as may be established from time to time by resolution of the Town Board.
Any person who violates, disobeys or disregards any provision of this chapter shall be liable to the people of the Town of Cortlandt for a civil penalty not to exceed $3,000 for each offense and violation thereafter. Each week's continuation of a condition violating this chapter shall be deemed a separate violation.
In lieu of the above civil fine, any person who violates any provision of this chapter shall be guilty of a violation pursuant to the Penal Law, punishable by a fine of not more than $500. For a second and each subsequent offense, the violator shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or a term of imprisonment up to 30 days, or both. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
In addition to the above civil and criminal penalties, the Town Board, the Director of Technical Services or Director of Code Enforcement, with the advice and consent of the Town Attorney, shall have the right to seek equitable relief to restrain and/or remedy any violation of any provisions of this chapter.