[HISTORY: Adopted by the Town Board of the Town of Queensbury 5-19-2008
by L.L. No. 5-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 96.
This chapter shall be entitled "Composting."
The authority for this chapter is New York State Municipal Home Rule
Law § 10 and New York State Town Law § 130.
Municipalities are encouraged under state law to reduce municipal waste
and encourage and promote recycling and residential composting as an effective
means of reducing solid waste and producing soil-enriching products. Composting
has a beneficial impact on the environment by reducing solid waste and improving
soils conditions, and for these reasons the Town of Queensbury wishes to promote
composting and educating Town residents on effective composting and practices.
Improper composting can attract vermin, create offensive smells, create unsightly
conditions and otherwise have a negative impact on the health and well-being
of the community, and as such, the Town wishes to ensure that proper composting
practices are followed.
As used in this chapter, the following terms shall have the meanings
indicated:
A mixture of primarily vegetative matter, including but not limited
to fallen leaves, woodchips, pine needles, sawdust, grain, coffee grounds,
eggshells, lawn clippings, vegetable matter, and/or fruit matter maintained
in a sanitary manner.
Decomposition of solid, organic material to produce a stable, humus-like
material.
Collection of compost materials, solely from the residential property
where generated, and maintenance on site for noncommercial purposes. The term
"residential composting" shall include only single-family and two-family residential
dwellings.
Residential composting is allowed and encouraged on all single-family
and two-family residential properties in all zones in the Town of Queensbury
subject to the following conditions:
A.Â
Composting is limited to materials generated on the premises.
B.Â
Composting may not include meat, fish, dairy products,
treated wood or dog or cat feces.
C.Â
Compost must be maintained in a sanitary manner which
does not create unreasonable odors or attract vermin.
D.Â
Compost may be maintained in a maximum of two compost
bins, each up to 9.5 cubic feet or 71 gallons maximum. Compost containers
acquired from or through the Town as part of a Town-sponsored program will
be deemed compliant with this chapter.
E.Â
Compost that is not maintained in bins may cover an area
no greater than: 1) 100 square feet and a volume of no greater than 250 cubic
feet for lots less than or equal to one acre; or 2) 200 square feet and a
volume not greater than 500 cubic feet for lots greater than one acre and
less than or equal to five acres; or 3) lots greater than five acres shall
be exempt from this size requirement.
F.Â
Compost that is not maintained in compost bins must be
stored in the rear of a residential premises. For corner properties, the architectural
front of the property will be considered the front.
G.Â
All composting bins or areas must be located at least
six feet from all property lines.
The Director of Building and Codes Enforcement, or any Deputy Code Enforcement
Officer, is authorized to investigate complaints of violations of this chapter.
A.Â
Any person, firm or corporation who shall violate any
of the provisions of this chapter or fail to comply therewith, or with any
of the provisions thereof, or any landowner who shall allow such violation,
shall be guilty of a violation punishable by a fine of not more than $950
for the first offense; and by a fine of not more than $950 or by imprisonment
for not more than one year for a second offense. The imposition of such penalty
shall not be held to prohibit the enforced removal of prohibited conditions
by any appropriate remedy, including immediate application for an injunction.
Each day that the violation is carried on or continues shall constitute a
separate violation.
B.Â
A civil action or proceeding in the name of the Town
of Queensbury, New York, may be commenced in any court of competent jurisdiction
to restrain by injunction the violation of this chapter. Such remedy shall
be in addition to penalties otherwise prescribed by law and may be commenced
by the Director of Building and Code Enforcement, and/or his/her authorized
assistants or deputies with the consent of a majority of the Town Board.