[Adopted 8-4-1980 (Ch. 22 of the 1966 Codification)]
The provisions of this article shall be in effect
in all parts of the Town of Lancaster outside incorporated villages.
This article is enacted pursuant to § 130, Subdivision 6,
of the Town Law of the State of New York.
For the purpose of this article, certain words
and terms are defined as follows:
The Building Inspector of the Town of Lancaster.
Includes an individual, corporation or other legal entity,
a partnership and any unincorporated association and includes the
plural.
A type of operation in which refuse is deposited, by plan,
on a specified portion of open land, is compacted by force applied
by mechanical equipment and then is covered by a layer of earth, ashes
or suitable covering material to a depth of at least two feet.
That portion of the Town of Lancaster outside incorporated
villages.
A.
It shall be unlawful
for any person, firm, association or any combination of the same to
use any land, premises or property within the Town as a sanitary landfill
for the dumping or disposal of any garbage, refuse or other waste
materials of any kind, without first making application for and securing
a permit so to do. No permit will be issued for, nor shall it be permissible
to dump or dispose of, any toxic or chemical wastes, radioactive materials
or sewage treatment plant sludge or residue. The issuance of such
permit shall be subject to and governed by the following provisions:
(1)
The application
for a permit to operate a private sanitary landfill shall be filed
with the Town Clerk and shall contain a description and plat of the
land on which the disposal of refuse is proposed and a description
of the sequence and plan of operation, availability of and equipment
for water supply, type and capacity of equipment to be used for operations,
plans for fire, nuisance and vermin control, existing and proposed
roadways and easements, existing topography and watercourses, together
with a diagram and written statement explaining the proposed location
and extent of earthwork and fill operations, proposed equipment and
estimated daily or weekly volume of garbage and refuse, facts which
show that public health and general welfare of the people of the Town
and villages therein require the granting of a permit to the applicant
and such other information as may be required by the Town Board. Such
application shall also be accompanied by evidence acceptable to the
Town Board that the applicant is the owner of the property upon which
such proposed sanitary landfill is to be located or is the occupant
of said property under a lease from the owner that makes said occupant
responsible for the condition in which said premises are maintained.
B.
The Building Inspector
shall examine the premises to determine whether public convenience
and necessity require the granting of the permit to the applicant
and whether the granting of the permit to the applicant is to the
best interest of the Town of Lancaster and whether the granting of
the permit to the applicant should or would not violate the health
regulations of Erie County or would in any way create a hazard or
menace to the public health or would in any way create a nuisance
to the people of the Town of Lancaster, and shall make a report giving
his recommendations to the Town Board and shall submit a copy of his
report to the Planning Board.
C.
The Planning Board
shall make a report to the Town Board as to whether or not the granting
of the permit in the location described in the application would be
a violation of the zoning regulations of the Town of Lancaster and
shall submit a copy of this report to the Building Inspector. The
Planning Board shall also report to the Town Board as to the effect
of such proposed use upon the character of the neighborhood, the traffic
conditions, public utility facilities and other matters pertaining
to the general welfare and shall advise the Town Board as to whether
public convenience and necessity require the granting of a permit
to the applicant.
D.
In determining
whether public convenience and necessity require the issuance of a
permit to the applicant, both the Building Inspector and the Planning
Board shall consider such matters as:
(1)
The number
of sanitary landfills necessary for the entire Town, including the
villages therein.
(2)
The locations
best suited to serve the entire Town.
(3)
The length
of time that a proposed location can be expected to be used as a sanitary
landfill for the best interests of the people of the Town of Lancaster.
(4)
The possible
effect on the area in the vicinity of the proposed sanitary landfill.
A.
The Building Inspector
and Planning Board shall submit their reports and recommendations
to the Town Board, stating their reasons why they recommend that the
application be granted or denied. The applicant shall also submit,
at the time the application is made, the approval of the Erie County
Health Department with regard to the operation of a sanitary landfill.
The Town Board of the Town of Lancaster shall then consider the reports
and recommendations so transmitted and the approval of the Erie County
Health Department and such other testimony or evidence, at a public
hearing to be held by said Town Board, notice of which shall be published
in the official Town newspaper not less than 10 nor more than 20 days
prior to said public hearing, and notice of which shall be posted
in five public places in the Town of Lancaster and upon the Town bulletin
board in the Town Hall.
B.
If the Town Board
finds that public convenience and necessity, as well as the public
health and general welfare of the people of the Town of Lancaster,
require the issuance of such permit, the Town Board shall issue a
permit to the applicant; otherwise, the application for a permit shall
be denied and the applicant notified of such action. Such permit shall
be issued by the Town Board for any permit or extension thereof upon
the payment of an annual fee of $1,000 for the full calendar year
or any part thereof, together with an additional fee of $1.50 per
load of whatever size delivered to the landfill site, which additional
fee shall be accounted for and paid monthly, payable to the Supervisor
of the Town of Lancaster in cash or by certified check, and upon delivery
to the Town of Lancaster of a cash or corporate bond, negotiable securities
or such alternate security acceptable to the Town Board of no less
than $25,000 and no more than $100,000, the amount of which shall
be set by the Town Board of the Town of Lancaster in its discretion.
Said cash, bond or security shall run to the Town of Lancaster. All
permits issued hereunder shall expire December 31 of each year and
shall be conditioned as follows:
[Amended 2-2-1981]
(1)
That the permittee,
his agents and servants will comply with all of the terms, conditions,
provisions, requirements and specifications contained in this article.
(2)
That the permittee,
his agents and servants will faithfully operate the sanitary landfill
for which the permit is issued in accordance with the provisions of
this article.
(3)
That the permittee,
his agents and servants will save harmless the Town of Lancaster from
any expense incurred through failure of the permittee, his agents
and servants to operate and maintain the sanitary landfill as required
by this article, including any expense the Town may be put to for
correcting any condition or violation of this article by the Town's
own labor and equipment, whenever the Building Inspector determines
it is necessary for the Town to correct any unhealthful condition
or conditions violation of this article, or from any damages growing
out of the negligence of the permittee or his agents or servants.
(4)
Before acceptance,
all bonds shall be approved by the Town Board upon recommendation
of the Town Attorney. If a corporate bond is offered, it shall be
executed by a surety or guaranty company qualified to transact business
in the State of New York. If a cash bond is offered, it shall be deposited
with the Supervisor of the Town of Lancaster, who shall give his official
receipt therefor, reciting that said cash has been deposited in compliance
with and subject to the provisions of this article.
A.
The following
regulations shall be observed by any person, firm or corporation to
whom a permit is issued by the Town Board of the Town of Lancaster
for the operation of a sanitary landfill. These regulations shall
govern the operation of all Town of Lancaster approved sanitary landfills,
and any failure to observe these regulations shall be sufficient grounds
for the revocation of the permit by the Town Board:
(1)
The permit
holder shall not permit the depositing of any refuse on any sanitary
landfill within the Town of Lancaster which refuse shall be conveyed
in a nonenclosed vehicle or conveyance.
(2)
All garbage
and other refuse accepted by the permit holder shall be thoroughly
compacted by equipment of a size and weight capable of producing a
downward or ground pressure of at least five pounds per square inch.
Such equipment shall have sufficient weight and capacity to carry
out all necessary operations to the satisfaction of the enforcement
officer. Sufficient auxiliary equipment shall be maintained on the
site or otherwise available to permit operation in case of a breakdown.
(3)
Mixed refuse
material shall be spread out on the working face of the landfill so
that the depth does not exceed a maximum depth of two feet prior to
its compaction.
(4)
The areas
shall be continually policed to prevent fire and the blowing of papers,
shall be neat and sanitary at all times and shall be covered at the
end of each day's operation, as well as when wind conditions warrant
it through the day, with sufficient material to prevent blowing papers
and unsightly condition. The size of the active face on which refuse
is being currently deposited shall be kept to a minimum.
(5)
Cover material
will consist of earth, loam, clay, sand, etc., or a mixture of at
least 50% earth and other inert materials, such as ashes, cinders
or gravel. A minimum depth of 12 inches of compacted cover and final
spread cover material shall be kept on all active faces of the landfill
at all times. The active faces of the landfill should be covered at
the end of each day's operation, or as otherwise directed by the Building
Inspector, with at least six inches (before compaction) of cover material.
(6)
When the fill
has been brought up to two feet below the desired finished grade,
it shall be covered with at least 24 inches of compacted cover material
graded and seeded in such a manner as to prevent erosion.
(7)
Where the
trench system of sanitary landfill is used, successive parallel trenches
must be at least two feet apart.
(8)
The permittee
or operator shall erect such temporary or permanent fences or take
other measures as may be necessary to reasonably control blowing of
paper and other materials from the landfill.
(9)
Any materials
salvaged from the fill must be handled and stored in such a manner
as to prevent rat harborage and permit proper operation of the landfill.
Such salvaged material must be removed to a location at least 200
feet from the working surface so as not to interfere with the compacting
and covering. All salvaged material must be completely removed from
the landfill site every 24 hours unless provision is made for temporary
storage within an enclosed, roofed and ratproof structure approved
by the enforcement officer.
(10)
Burning
of any materials deposited in a dump or landfill is expressly prohibited.
(11)
Adequate
fire-fighting equipment shall be available at all times on the site.
(12)
No fill
shall be placed in streambeds or other areas where streams would be
obstructed or where erosion by the stream would remove cover material.
There shall be no seepage or drainage of any material from the fill
of such nature as would constitute an odor nuisance or health hazard
or pollute any watercourse.
(13)
The permit
holder shall provide an access road, approved by the enforcement officer,
that is passable in all types of weather conditions, to the dumping
site.
(14)
The license
holder shall also provide an auxiliary fill site available and ready
for use during periods of heavy rain or snowfall and when the area
being filled and covered may not be reached because of said weather
conditions. The permit holder shall also take precautions to eliminate
excess dust in dry weather.
(15)
Insects
and rodents on the landfill site shall be controlled and exterminated
as directed by the enforcement officer.
B.
For good and sufficient
reasons, the enforcement officer may grant exceptions to the above
operating procedures and standards or may impose additional requirements
subject to specific site conditions. The enforcement officer shall
advise the Town Board of the exceptions or additional requirements
granted at the next regular Town Board meeting after the exceptions
or additional requirements are granted.
The officer responsible for the enforcement
of the provisions of this article shall be the Building Inspector.
He shall provide for adequate and frequent inspections of the sanitary
landfill sites and to this end shall be authorized to call upon the
Planning Board for assistance in making inspections. He shall notify
any permit holder who is violating the provisions of the ordinance
of the specific manner in which the ordinance is being violated. Unless
said violation is corrected within 24 hours after notice in writing
to the permit holder by the enforcement officer, the enforcement officer
shall notify the Town Board of any violation of the provisions of
this article, and the Town Board may, after a public hearing to which
the violator shall have been invited, suspend or revoke any permit
for noncompliance or violation of any of the provisions of this article
or when satisfied that the landfill constitutes a real menace and
nuisance to the health, safety and welfare of the immediate residents
in the neighborhood in which it is located. Notice of such public
hearing shall be made in the same manner as a public hearing upon
the original application. In the event that the permit holder refuses
to correct the violation within 24 hours after notice in writing by
the enforcement officer, the enforcement officer may, if he deems
it necessary m the interest of public health, enter upon the premises
of the dump or landfill and, either with the equipment and Town employees,
or outside operators, do such work as is necessary to correct any
condition violative of this article and which in his opinion, if left
uncorrected, may be hazardous to the public health. The cost to the
Town of correcting such conditions in privately owned dumps or landfills
shall be assessed against the permit holder, who shall be required
to pay all costs and expenses of the Town in correcting said conditions.
Any permit granted hereunder may be revoked
or suspended at any time for any failure to pay the permit fee or
the cost of correcting hazardous conditions, as hereinbefore set forth,
or whenever, in the opinion of the Building Inspector, the continuance
of the landfill or other means of final disposal of refuse would endanger
the health, welfare or safety of the public; provided, however, that
no such permit or license shall be revoked or suspended except for
failure to pay the fee or the cost of correcting hazardous conditions
as here provided, except after public hearing before the Town Board
of the Town of Lancaster, after notice of said hearing and the purpose
thereof shall have been sent to the permit holder at least 10 days
prior to the date of said hearing, at which hearing any person interested
in said landfill shall have the right to be heard.
A.
No person, firm,
association or corporation shall dump, pump or deposit or permit to
be dumped, pumped or deposited any garbage, rubbish, refuse, trash,
decaying vegetable matter or organic waste of any kind, toxic or chemical
wastes, radioactive materials or sewage treatment plant sludge or
residue, building material, construction and demolition material,
rubble, house parts, tree limbs, roots or stumps, sand, gravel, rock
or soil of any nature or discarded motor vehicles, trailers or parts
therefrom unless a permit for same has been applied for and issued
by the Town Board of the Town of Lancaster, pursuant to this article,
on any lot or parcel of land within the Town of Lancaster, whether
said land is vacant, improved or unimproved in nature, excepting those
activities as follows:
[Amended 2-2-1981]
(1)
Septic systems
for which an Erie County Health Department permit has been issued.
(2)
Agricultural
or horticultural activities, which, where properly zoned, involve
the regular and customary deposition of materials on the ground.
(3)
Quarry operations
and other aggregate activities where properly zoned, which involve
dumping and deposition of materials as a regular and customary activity.
(4)
For landscaping purposes topsoil may be deposited which does not materially alter the existing grade of the property but in no event shall more than 50 yards of topsoil be deposited under this exception for landscape purposes. No material other than topsoil shall be permitted for such landscaping. In the event that landscaping requirements exceed 50 yards of topsoil or the placement of up to 50 yards will materially alter the existing grade, then an application for a dumping permit shall be required as set forth in § 287-8D.
[Amended 2-4-2008]
(5)
Depositing
of dredged and excavated materials and fill by the Town of Lancaster
Highway Department where the Highway Superintendent determines that
the placement of said materials will not affect any stream, creek
or drainage system nor the floodway thereto.
[Added 2-2-1981]
(6)
The Town Clerk
of the Town of Lancaster shall issue the permit after same has been
approved by the Town Board. Such permit shall be valid for one year
from the date of issuance.
[Added 2-4-2008]
B.
No person, firm, association or corporation shall dump or deposit any materials in Subsection A, or any material or fill of any nature, into the streambed of any drainage ditch, creek, stream, waterway or watercourse of any nature or into any area designated as a floodplain on the Housing and Urban Development Floodplain Map, nor shall materials as stated above in Subsection A, or any materials or fill of any nature, be placed along the banks of the streambeds of said drainage ditches, streams, creeks or waterways and watercourses by dumping or depositing by any means whatsoever, unless a permit for same has been applied for and issued by the Town Board of the Town of Lancaster.
C.
No person, firm,
association or corporation shall pipe any drainage ditch, stream,
creek, waterway or watercourse of any nature, unless a permit for
same is issued by the Town Board of the Town of Lancaster.
D.
Permit required;
permit fee; issuance.
[Amended 1-19-1987]
(1)
Application
for a permit shall be made by the property owner to the Town Clerk
of the Town of Lancaster and shall contain a description of the plot
of land, the name and address of the property owner, the zoning classification,
the purpose of filling the property and the duration of such activity
and a statement of the point of origin and the content of the material
to be dumped duly acknowledged by the owner of the property from which
the material originated.
[Amended 5-7-2001]
(2)
Upon presentation
to the Town Board, the Town Board shall refer such application to
the Township Building Inspector and Town Engineer or Planning Board.
(3)
The Building
Inspector, Town Engineer or Planning Board may require the applicant
to submit a site plan, including the topography of the property in
question, drainage of the property, location of streams or drainage
ditches thereon and on adjacent lots, property abutting the applicant's
property, present development on the property and proposed development
thereon.
(4)
The Building
Inspector and Town Engineer shall make recommendations to the Town
Board within 15 days after such referral or the Planning Board shall
make recommendation to the Town Board within 30 days after such referral,
or the Town Board may act on the application without the Building
Inspector's, Town Engineer's or Planning Board's recommendation.
(5)
A nonrefundable
application processing fee of $100, payable to the Town of Lancaster,
shall accompany each permit application at the time of the filing
of the application with the Town Clerk.
[Amended 6-21-1993]
(6)
The Town Clerk
of the Town of Lancaster shall issue the permit after same has been
approved by the Town Board. Such permit shall be valid only for the
year in which issued.
E.
Enforcement. The
Building Inspector of the Town of Lancaster is charged with enforcement
of the provisions of this section.
A.
Any permit granted
hereunder may be revoked or suspended whenever, in the opinion of
the Building Inspector, the continuance of the dumping will endanger
the health, welfare or safety of the general public.
B.
The permit holder,
after receiving an order from the Building Inspector to discontinue
dumping, shall immediately stop same. The permit holder shall thereafter
have the right to have a public hearing before the Town Board of the
Town of Lancaster, upon requesting such a hearing, to determine whether
dumping may be recommenced under the permit, such hearing to be open
to the public and at which any person interested in or affected by
the dumping shall have the right to be heard.
C.
In the event that the Town Board, after public hearing determines that the dumping permit should be revoked because the fill poses a danger to the health, welfare or safety of the general public, the Board may order the permittee to remove the fill placed at no cost to the Town or otherwise be subject to the penalties under § 287-10.
[Added 5-7-2001]
A.
A violation of
this article is hereby declared to be a misdemeanor, punishable by
a fine not exceeding $1,000 and/or imprisonment for not more than
six months for each separate offense. Each day a violation occurs
shall be deemed a separate offense.
[Amended 5-7-2001]
B.
The Town shall
also have the right to maintain an action or proceeding in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction any violations of the provisions of this article.
If any section, paragraph, subdivision, clause,
phrase or provision of this article shall be adjudged invalid or held
unconstitutional, the same shall not affect the validity of this article
as a whole or any part or provision thereof other than the part so
decided to be invalid or unconstitutional.
This article shall constitute part of the Code
of the Town of Lancaster and shall take effect immediately upon its
adoption in accordance with the provisions of law.
