[Adopted 3-7-1959 by Ord. No. 8]
It is hereby determined by the Town Board that
the operation of dumps and facilities for the disposal of garbage
and rubbish, unless under proper control, are likely to constitute
a hazard and menace to the health and safety of the residents of the
Town of Queensbury, and it is the intent of this article to prohibit
the operation of dumps and facilities for the disposal of garbage
and rubbish in the Town of Queensbury except with the express consent
of the Town Board given under such conditions as will reasonably protect
the public health and safety.
As used in this article, the following terms
shall have the meanings indicated:
A placed use for disposal and leaving of paper, rubbish and
waste material of any nature by the public or by any person as herein
defined; a dump includes, without limitation, construction and demolition
debris landfills.
[Amended 9-21-1998 by L.L. No. 7-1998]
An incinerator or any place where waste food material, cans,
bottles and containers for food, dead animals or parts thereof, vegetable
matter of any kind or any other matter which shall be inflammable
or capable of fermentation or decay, including sewage waste, may be
placed or left for disposal by the public or any persons other than
the owner of the property on which the same is located.
Includes individuals, firms, partnerships, corporations,
municipalities or municipal corporations or associations of persons,
and the singular shall include the plural number.
A.
The operation or maintenance of a dump, including,
without limitation, construction and demolition debris landfills,
or facility for the disposal of garbage and rubbish, as the same are
herein defined, is hereby prohibited in the Town of Queensbury unless
the Town Board shall, by resolution duly adopted, expressly approve
the same.
[Amended 9-21-1998 by L.L. No. 7-1998]
B.
Any person who shall desire and intend to establish,
operate and maintain a dump or facility for the disposal of garbage
and rubbish in the Town of Queensbury may make application in writing
to the Town Board for a permit to establish, operate or maintain such
dump or facility for the disposal of garbage and rubbish. Such application
shall contain the name and address of the applicant, the status of
the applicant if other than an individual, a description of the parcel
of land on which it is to be located, a map of the particular area
proposed to be used for such purpose, a detailed statement of the
manner of disposal proposed to be used and any other pertinent information
which may be required by the Town Board.
C.
Upon receiving such application, the Town Board shall
hold a public hearing upon such application, at which all person having
an interest in the subject matter of the application may be heard.
Notice of such public hearing shall be given by publishing the same
once in the official newspaper of the Town of Queensbury and by posting
the same on the bulletin board at the office of the Town Clerk, both
at least 10 days prior to the date of such public hearing.
D.
After such public hearing, the Town Board shall make
a determination by resolution as to whether it is in the public interest
to grant such application, and if a determination to grant such application
is made, the resolution shall contain such terms and conditions as
the Town Board shall determine to be reasonably necessary to protect
the public health and safety.
[1]
Editor's Note: Former § 96-9, Exemptions,
was repealed 4-3-2000 by L.L. No. 4-2000.
[Amended 5-24-1991 by L.L. No. 6-1991]
Any person violating any of the provisions of
this article shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punishable by a fine not exceeding $1,000 for each
offense or by imprisonment in the county jail for not more than one
year, or by both such fine and imprisonment. The Town Board may, by
resolution, revoke any permit granted by it by reason of willful violation
of any of the terms or conditions contained in the resolution granting
such permit. The Town Board shall also have the power to bring a civil
action to restrain any violation of this article or the violation
of any of the terms or conditions contained in any resolution adopted
by the Town Board to grant a permit as herein provided.
