[HISTORY: Adopted by the Board of Trustees
of the Village of Colonie 5-12-2008 by L.L. No. 3-2008. Amendments noted where
applicable.]
It is the intention of the Colonie Village Board
and all other applicable and successor laws and rules, to maintain
a clean, wholesome, attractive community and to guard against the
creation of nuisances and conditions that may endanger the health,
safety and welfare of Village residents; spread disease; create fire
hazards; reduce the value of property; interfere with the use and
enjoyment of adjoining properties and interfere with the comfort and
well-being of the public.
As used in this chapter, the following terms
shall have the meanings indicated:
Any portable container, receptacle, or device of a type commonly
used for the temporary storage of personal property and other matter.
The term shall include, but not be limited to, trailers, shipping
containers, portable on-demand storage unit (PODS®) and other
similar containers.
A.
Every person, firm, corporation, or legal entity who
wishes to place a temporary storage container within the Village of
Colonie which is located in a residentially zoned or residentially
utilized lot or tract of land shall be required to obtain a permit
therefor from the Code Enforcement Officer. Obtaining said permit
shall be the responsibility of the person, firm, corporation or legal
entity that owns or occupies the premises on which the container is
to be placed. Application for such license shall be made on forms
provided by the Code Enforcement Officer. Each application shall state:
(1)
The name, address and phone number of the applicant.
(2)
If the applicant is an agent, the name, address and
phone number of the person, firm, corporation or legal entity that
he or she represents.
(3)
The location identified by street address within the
Village where the applicant wishes to place the temporary storage
containers.
(4)
A detailed description of each temporary storage container
applied for, including each container's height, weight, square footage,
length, and width.
(5)
The location of each proposed temporary storage container,
including a drawing or map showing the location of nearby buildings,
sidewalks, streets, alleys, and other public ways.
(6)
The period of time each temporary storage container
shall remain in place.
(7)
Any other information as may be required by the Code
Enforcement Officer to properly and adequately review the application.
B.
Each application shall be accompanied by the required
license fee.
C.
The Code Enforcement Officer shall have the authority
to reject any application that presents, in his or her judgment, a
dangerous or hazardous situation to any person or persons or to the
public. In rejecting any such application, the Code Enforcement Officer
shall state the reasons for rejection.
A.
No permit for a temporary storage container shall
authorize the use of the same in a residentially zoned or residentially
utilized lot or tract of land for more than 90 days. In the event
that a construction project for which a building permit has been issued
for construction of improvements to the location on which the temporary
storage container is located requires the use of such container for
more than 90 days, the Code Enforcement Officer, in his or her discretion,
may issue the initial permit, or extend the duration of an existing
permit for an additional period, up to 90 days, but in any event,
for a total period not to exceed 180 days from the date of original
issuance.
B.
A portable on demand storage unit or other temporary
storage facility kept or maintained in a residentially zoned or residentially
utilized lot or tract of land improved by a building structure shall
be located behind the front line of the main building structure, projected
to the side lines of the lot. The Code Enforcement Officer, at his
or her discretion, may approve another location for placement of the
unit on the property as long as no hazard or nuisance is created thereby.
At no time shall the temporary storage facility be located or maintained
on any sidewalk, street, roadway or public right-of-way.
[Amended 5-20-2019 by L.L. No. 1-2019]
The fee for a permit issued under this chapter
for a period up to 90 days in duration shall be $50. The initial term
may be extended for an additional term not to exceed 90 days for the
additional fee of $75.
A.
A person or business entity found by the Code Enforcement
Officer to be in violation of any provision of this chapter shall
be subject to a fine or penalty of not more than $50 per day and not
more than a maximum of $250 for each offence against this chapter.
B.
In the event that any person or entity fails to pay
any permit fee or fee for the extension of any permit issued under
this chapter, or any penalty for a violation of this chapter, all
unpaid amounts may be added to the annual tax bills issued by the
Village, together with interest, and shall be collected as a tax.
C.
In addition to the penalties set forth above and any
other remedy available to the Village, the Village Board of Trustees
may maintain an action or proceeding in the name of the Village in
a Court of competent jurisdiction to compel compliance with or to
restrain by injunction a violation of this chapter and/or to recover
legal fees.
