[Adopted 3-12-1982 by L.L. No. 6-1982]
This article is adopted for the protection and
promotion of the public health, safety and general welfare of the
community by regulating the collection and storage of garbage and
other waste materials, as well as the use and maintenance and operation
of garbage containers by commercial establishments.
As used in this article, the following terms
shall have the meanings indicated:
Residue from fires used for cooking and heating and on-site
incineration.
Includes dumpsters, garbage cans or other receptacles used
to store garbage or other waste material.
A bulk-storage container for garbage and other waste materials
that can be hauled directly to the point of disposal or emptied into
a larger compactor-type truck for disposal.
Waste from the preparation, cooking and serving of food;
market wastes; and wastes from handling, storage and sale of produce.
Includes all categories of materials to be disposed of, excluding
garbage.
A.
The property owner, lessee or the user of the container
shall provide for the collection from the container based upon the
following schedule:
B.
The schedule set forth in Subsection A shall be the minimum schedule for collection, and the property owner, lessee or other user of the container shall provide for a more frequent schedule of collection, if necessary, to prevent garbage and other waste material from accumulating, which would cause an overflow of the container or restrict the closing of the container cover.
All containers must have a cover which can be
secured to the container.
[Amended 6-14-1985 by L.L. No. 12-1985; 3-13-1987 by L.L. No. 5-1987]
All containers shall be enclosed on three sides
by a solid fence, and on the fourth side with a self-closing solid
gate. The width of each side and gate shall exceed the width of the
containers by one foot on each side. Each side and gate shall exceed
the height of the containers by a minimum of one foot.
[Amended 8-11-1989 by L.L. No. 10-1989]
No container shall be located in or on a public
right-of-way. Containers shall be set back a minimum of 20 feet from
any road, right-of-way or property line, except that containers of
recyclable materials may be located curbside for periods not to exceed
24 hours per week incident to any municipal-wide recycling program.
Garbage and other waste materials must be completely
contained within the container. No accumulation of garbage or waste
materials will be permitted outside the confines of the container,
nor shall garbage or other waste materials be permitted to accumulate
so that the container cover cannot be firmly closed.
Garbage container covers shall be closed at
all times.
[Amended 10-12-1990 by L.L. No. 23-1990]
All containers and enclosures shall be kept
in good repair, be structurally sound, be leakproof and be easily
opened and closed. Containers shall be painted as required to prevent
the show of rust and deterioration. Containers and enclosures shall
be so constructed as to stand firmly upright. All containers shall
be cleaned out at normal intervals and treated to prevent noxious
odors from being emitted therefrom.
All containers shall have the name of the company
or individual owning such container clearly printed, in letters at
least three inches high, on either the front or the back of such container.
[Added 3-13-1987 by L.L. No. 5-1987]
A.
All property owners or lessees or users of a container,
except property owners, lessees or noncommercial users of a single-
or two-family residence, shall be required to obtain a permit for
the location of a container or containers. Application therefor shall
be made to the Building Inspector by letter enclosing a site plan
depicting the improvements at the site and proposed location of the
container; a narrative or other description of the enclosure and plantings,
if any, concealing the dumpster; and such other information as may
be reasonably necessary to review and act upon the application. No
fee shall accompany said application.
B.
No application hereunder shall be necessary from any property owner subject to site plan review under § 197-63 of Chapter 197, Zoning, after the effective date of this article to the extent that the Planning Board shall have overlapping jurisdiction in these instances with the Building Inspector to approve a permit hereunder and the Planning Board shall have approved such permit as an incident of said site plan review and approval. In all events except as described in the preceding sentence, the Building Inspector shall consult on any advisory basis with the Planning Board during the review and prior to the approval of an application hereunder.
[Added 3-13-1987 by L.L. No. 5-1987]
The following standards shall govern the review
and issuance of permits and shall be deemed supplemental to any other
provisions of this article:
A.
Containers and their enclosure shall be located in
the least conspicuous area of the lot or parcel of land, taking into
account adjacent or nearby roads and traveled ways and adjoining uses
and access to the container.
B.
Plantings of an evergreen variety shall be utilized
whenever possible to conceal all sides of the container and enclosure,
except the fourth side with a gate.
C.
Premises subject to Article 13 of the Suffolk County
Sanitary Code shall demonstrate compliance with all applicable requirements
of Section 1385 of the Suffolk County Sanitary Code, as amended.
D.
Whenever possible, the property owner, lessee or user
of a container shall be required to submit and comply with a cooperative
program for coordinated garbage storage and collection by providing
a central collection station to be used by the applicant and nearby
similarly situated property owners, lessees or users of a container.
E.
Whenever possible and consistent with acceptable and
approved sanitary standards and subject to the ordinances and regulations
or any authority or agency with preemptive regulatory provisions,
indoor storage of garbage, rubbish and waste materials shall be encouraged
on any submission hereunder.
F.
In all instances, except under Subsection C hereinabove to the extent applicable, submitted for advisory or formal review hereunder or as an incident of site plan review under § 197-63 of Chapter 197, Zoning, the Planning Board shall have authority to waive any provision of this article if it shall affirmatively determine that said waiver and implementation of an alternate plan for garbage storage and collection shall be in the interests of public health, safety and welfare and consistent with the intentions of this article.
Relief from any of the provisions of this article
alleged to be a hardship may be obtained by submitting, in writing,
to the Board of Trustees of the Village, a statement detailing the
hardship and relief requested. The Board of Trustees shall review
the submission and render a decision therefrom within 30 days. If
the hardship involves site location of a container, a site plan of
the property shall be submitted, showing the proposed site location
of the container with the distances from property lines or rights-of-way
and whatever pertinent information the petitioner may feel will be
relevant to his presentation.
The provisions of this article shall be enforced
by all parties authorized to issue appearance tickets.
In the event that a violation of any of the
provisions hereof has not been complied with within 48 hours of notice
of the same having been given, the Village may undertake to correct
the violation. All costs and expenses incurred by the Village to correct
the violation shall be assessed against the property where the violation
occurred and shall be collected in the manner provided by law.
[Amended 3-13-1987 by L.L. No. 5-1987]
Any person found guilty of the provisions of
this article shall be subject to revocation of any issued permit hereunder
and a fine not to exceed $250 for any offense. Each week of continued
violations shall be considered a separate offense.
