[HISTORY: Adopted by the Town Board of the Town of Wallkill 4-28-2021 by L.L. No. 2-2021. Amendments noted where applicable.]
The purpose of this chapter is to regulate the placement of
unattended donation boxes (as defined herein) within the Town. The
procedures and requirements of this chapter are enacted to:
A.
Promote the community's health, safety, and welfare by regulating
unattended donation boxes for clothing or other salvageable personal
property within the Town;
B.
Ensure that unattended donation boxes do not pose a hazard to pedestrian
and vehicular traffic;
C.
Ensure that material is not allowed to accumulate outside of the
unattended donation boxes where it can be scattered by adverse weather
conditions, animal contacts and human activities; and
D.
Establish criteria that avoid attracting vermin, unsightliness, and
a public health hazard.
As used in this chapter, the following terms shall have the
meanings indicated:
A person, entity, association or organization that places,
maintains or operates unattended donation box(es) to solicit donations
of salvageable personal property.
The property owner or lessee who is issued a permit authorizing
placement of unattended donation box(es).
The person, entity, association or organization who owns
the real property where the unattended donation box(es) are or are
proposed to be located.
Residential zoning districts as established pursuant Town
Code and Town zoning code, including but not limited to RA, RA-1,
R2, APR, RA-H, R-M(B), PRD, and adopted specific plans with applicable
residential zoning districts.
Any unattended container, receptacle, or similar device that
is located on any property within the Town 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 the Town zoning code or other applicable
law.
Unless otherwise exempt, it shall be unlawful and a public nuisance
for any property owner or operator to place, operate, maintain or
allow unattended donation box(es) on real property unless the property
owner first obtains a permit issued pursuant to this chapter and the
unattended donation box is placed, operated and maintained in accordance
with all provisions of this chapter.
A.
The permit application shall be made on a form provided by the Town
Building Department and shall include the following information:
(1)
The name, address, email, website (if available) and telephone number
of the property owner or applicant;
(2)
Written proof sufficient to establish that the operator who will
utilize the unattended donation box is qualified to solicit donations
of salvageable personal property pursuant to applicable local, state
and/or federal law;
(3)
The text of the instructions, signage and disclosures that will be
affixed to the unattended donation box;
(4)
The physical address of the property owner's proposed location
and a drawing sufficient to specify the proposed location of the unattended
donation box on the real property, as well as the size of the proposed
unattended donation box;
(5)
The proposed method of operating, monitoring, emptying, cleaning
and maintaining the unattended donation box, including, but not limited
to, the proposed frequency of each of the aforesaid activities.
B.
Each application shall be accompanied by a nonrefundable fee in an
amount established annually by Town Board resolution. This fee shall
be in addition to any fee or tax imposed by the Town pursuant to any
other provision of the Town Code.
C.
Applications shall be completed and filed with the Town Building
Department, with payment.
D.
Within 30 days of receiving a completed application, the Town shall
issue a permit or deny the issuance of a permit.
E.
The Town shall not issue a permit unless:
(1)
The applicant has submitted a complete and accurate application accompanied
by the applicable fee;
(2)
The operator who will maintain or operate the unattended donation
box is qualified to solicit donations of salvageable personal property
pursuant to local, state or federal law;
(3)
The proposed location and placement of the unattended donation box
on the property owner's real property is in compliance with all
applicable laws and will not impede pedestrian and/or bicycle traffic,
sight distances onto adjacent streets, or vehicular traffic.
F.
If the Building Inspector denies an application, he shall state the
specific reasons for denial in writing.
G.
Any permit issued shall be valid for one unattended donation box.
Multiple unattended donation boxes controlled by the same Owner/operator
shall have separate permits for each box.
H.
The term of the permit shall expire one year from the date of issuance.
I.
No permittee or operator to whom a permit has been issued shall transfer,
assign, or convey such permit to another person or operator.
J.
Prior to expiration of the permit, the permittee may voluntarily
surrender the permit by notifying the Building Department in writing
of the intent to surrender the permit. The permit shall become void
upon the Town's receipt of written notice of intent to surrender
the permit. Upon such surrender, the permitee shall remove the unattended
donation box from the permitted location within 14 calendar days from
the date of surrender. Failure of the operator/permittee to remove
the unattended donation box, along with all accumulated personal property,
clothing, debris and other items in the immediate area of the unattended
donation box will result in fines and penalties as prescribed annually
by resolution of the Town board.
A.
A permittee may apply for permit renewal by submitting to the Building
Department, before the expiration of the permit, a renewal application
and a nonrefundable renewal fee in an amount set by resolution of
the Town council.
B.
The Building Inspector shall either approve or deny the renewal of
a permit within 30 days of receipt of the complete renewal application
and payment of the renewal fee.
C.
The Building Inspector shall approve the renewal of a permit if he
or she finds that no circumstances existed during the term of the
permit, existed at the time of submission of an application for renewal,
or existed at any time during the review of the application for renewal
that are inconsistent with any finding required for approval of a
new permit or that would justify the revocation of the permit.
D.
A permit may be suspended or revoked for cause, if an operator/permittee
is found to be violation of the below guidelines to operate and maintain
the unattended donation box.
A.
A permittee shall operate and maintain or cause to be operated and
maintained, all unattended donation box(es) located in the Town as
follows:
(1)
Unattended donation box(es) shall be maintained in good condition
and appearance with no structural damage, holes, or visible rust,
and shall be free of graffiti;
(2)
Unattended donation box(es) shall be locked or otherwise secured;
(3)
Unattended donation box(es) shall contain the following contact information
in two-inch type visible from the front of each unattended donation
box: the name, address, email, and phone number of both the permittee
and operator;
(4)
Unattended donation box(es) shall be serviced and emptied as needed,
but at least once per month, or within five business days of a request
by the Town.
B.
The permittee shall maintain or cause to be maintained the area surrounding
the unattended donation box free of any junk, garbage, trash, debris
or other refuse material.
C.
The permittee and operator shall be individually and severally responsible
for abating and removing all junk, garbage, trash, debris and other
refuse material in the area surrounding the unattended donation box
within 24 hours of written or verbal notice from the Town.
D.
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 box as well as fines associated with littering in the event
said boxes are not maintained.
E.
It shall be unlawful for any property owner or operator to place
an unattended donation box in any Residential District.
F.
No unattended donation box shall be placed within 400 feet from another
unattended donation box.
G.
No unattended donation box shall be placed in designated parking
spaces on private commercial property.
H.
No more than one unattended donation box shall be placed on each
tax map parcel of real property.
A.
The Town shall have the right to revoke any permit issued hereunder
under the following circumstances:
(1)
If any of the grounds upon which it may have refused to issue an
initial permit exists;
(2)
The failure of the permittee to comply with the provisions of this
chapter, other provisions of the Town Code, or other local, state
or federal law; or
(3)
The Town determines that the continued presence of the permitted
unattended donation box in its current location in any way compromises
the health, safety and/or welfare of the public.
B.
In such event, the Town shall provide a written notifice to the permittee
stating the specific grounds for such suspension of revocation. Upon
such suspension or revocation, the unattended donation box shall be
removed from the permittee's real property within 30 calendar
days and, if not removed within this time period, the Town may remove,
store and dispose of the unattended donation box at the permittee's
sole cost and expense.
C.
Upon suspension or revocation, a permittee shall be prohibited from
applying for a permit to place an unattended donation box at any location
within the Town of Wallkill for a period of one year.
D.
Any violation of the provisions of this chapter constitutes a public
nuisance subject to abatement pursuant to this Code or as otherwise
permitted by law.
Any person violating any provision of this chapter is guilty
of a violation.
Any person aggrieved by the decision rendered by the Town in:
1) Granting or denying an application for a permit under this chapter;
2) Granting or denying an application to renew a permit under this
chapter; or 3) Suspending or revoking a permit issued hereunder may
appeal such decision to the Town Supervisor. The appeal shall be made
by filing a written notice thereof with the Town Clerk not later than
10 calendar days after receiving notice of the decision from the Town.
The Town Supervisor shall hold a hearing on the appeal within 30 calendar
days and issue a decision within 10 business days following the conclusion
of the hearing. Any party aggrieved by the decision of the Supervisor
may appeal such decision to the Town Board within five days of receipt
of the Supervisor's decision. The Town Board may choose to hold
a further appeal hearing or decide the matter on the existing record.
A decision of the Town Board will be issued within 45 days of the
date when the appeal was filed with the Town Clerk.
The Town Board may, by resolution, establish reasonable fees
and deposits to defray the cost of processing applications, appeals
and for the administration of this chapter.
Unattended donation boxes located entirely within the interior
of a building are exempt from the requirements of this chapter, in
the event that the operator and property owner are one in the same
and not to the extent that they violate other Town building or fire
codes.
