[HISTORY: Adopted by the Board of Trustees of the Village
of Kinderhook 4-13-2022 by L.L. No. 3-2022. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A bulk storage container for garbage and other waste materials
that can be hauled directly to the point of disposal or emptied into
a large, compactor-type truck or other conveyance for disposal.
A.
No dumpster having a capacity in excess of one cubic yard may be
placed or allowed to remain on any property in the A, R-1, or R Zoning
Districts.
B.
Dumpsters of lesser capacity may be placed and allowed to remain
on properties in the A, R-1, or R Zoning Districts if they are out
of the public view or meet all of the screening requirements as described
herein.
C.
In all zoning districts a dumpster may only serve the property on
which it is located and can serve only one property.
D.
No dumpster shall be located closer than five feet to any side or
rear lot line. Dumpsters shall be placed to comply with the front
yard setback for the applicable zoning district. Dumpsters shall not
be located in any area that must be maintained unencumbered to comply
with fire, building or public safety laws, rules, and regulations.
E.
All dumpsters must have tightly fitting covers that are kept closed
at all times except when the dumpster is in the process of being filled
or emptied. Garbage, recyclable materials and other solid waste must
be completely contained within the dumpster and shall not accumulate
so that the dumpster cover cannot be firmly closed, nor shall such
materials be allowed to accumulate on the ground around the dumpster
or elsewhere.
F.
All dumpsters shall have the name and telephone number of the person
owning such dumpster clearly printed thereon in letters at least three
inches high.
G.
All dumpster sites, other than temporary sites, shall be fully enclosed
or screened as provided herein.
H.
It shall be the responsibility of the property owner to maintain
the dumpster area free from odors, scattered or windblown debris,
overflow and all other nuisances, including, but not limited to, rodents.
I.
No dumpster shall be used to dispose of hazardous materials or biomaterials
or waste, as determined by New York State or federal laws, rules or
regulations.
A.
Dumpsters shall be suitably protected on all sides by opaque fencing,
screening, or hedging at least to 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.
B.
Property owners must keep constructed enclosures and partial 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The location and screening requirements of this chapter shall
not apply when:
A.
The dumpster is placed by an agency of federal, state or local government;
or
B.
The dumpster is placed on property during a specific period of time
that a valid building or demolition permit remains in force for construction
or demolition and the container is used solely for containment and
disposal of materials resulting from such construction or demolition;
or
C.
The dumpster is placed on the property on a temporary basis not to
exceed 10 days; or
D.
The dumpster is in use by a lawfully existing nonconforming business
use within the applicable zoning district.
Any person who shall knowingly violate any of the applicable
provisions of this chapter or any lawful order, notice, directive,
permit or certificate of the Building Department made thereunder shall
be guilty of a violation, and upon conviction thereof, shall be subject
to a fine of $250. Each day during which there is a failure to comply
with the provisions of this chapter or of any order issued by the
Building Department shall constitute a separate offense.
