Town of Highlands, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Highlands 6-12-2006 by L.L. No. 5-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Blasting — See Ch. 77.
Burials — See Ch. 89.
Outdoor burning — See Ch. 90.
Littering — See Ch. 125.
Property maintenance — See Ch. 141.
Solid waste — See Ch. 160.
Zoning — See Ch. 210.
[1]
Editor's Note: The title of this chapter was amended from "Dumpsters and Garbage" to "Dumpsters, Garbage, Clothing Bin Containers and Storage Structures" 9-12-2011 by L.L. No. 2-2011. Said local law also provided that persons and entities which have placed or maintained portable storage structures or donation drop-off boxes in the Town prior to the effective date of said local law and property owners where such containers are placed would have 30 days following the effective date to comply with the amended requirements of the local law.

§ 94-1 Purpose.

A. 
This chapter is adopted in view of the detrimental effects on neighborhoods and the community of the unscreened placement of dumpsters containing garbage, rubbish, construction and demolition debris, other offensive materials, and abandoned personal property in the Town of Highlands. It is the intent of the Town Board to restrict and regulate, in a manner consistent with the interest of the residents of the Town of Highlands, the placement of dumpsters, dumping, disposal and accumulation of various wastes in order to promote the health, safety and general welfare of the persons and property within the Town of Highlands. Dumpsters shall be placed and maintained in conformity with the standards hereinafter set forth so as to assure that they will not adversely affect the neighborhood or the community at large.
B. 
It has come to the attention of the Town Board that commercial enterprises are soliciting donations of clothing to drop-box containers with the appearance that such clothing will be used for charitable purposes. However, such commercial enterprises may thereafter be selling such clothing with little or no benefit to any charitable organizations. It has additionally come to the attention of the Town Board that donation drop-off boxes are being placed in inappropriate locations. Further, it has come to the attention of the Town Board that portable storage structures are being placed in inappropriate locations. It is a purpose of this chapter to prohibit the soliciting of clothing donations by the furnishing of commercial bin containers on properties in the Town of Highlands open to the public which result in proceeds that do not benefit charitable organizations and to regulate the location of portable storage structures and donation drop-off boxes.
[Added 9-12-2011 by L.L. No. 2-2011]

§ 94-2 Definitions.

As used in this chapter the following terms shall have the meanings indicated:
DONATION DROP-OFF BOX
Any container, storage unit or structure, other than an accessory building or shed complying with all building codes and land use requirements, that can or is used for the holding of charitable or for-profit donations with collection of these donations made at a later date or time and which is located for such purposes outside an enclosed building.
[Added 9-12-2011 by L.L. No. 2-2011]
DUMPSTER
A bulk storage container for garbage, rubbish, construction and demolition debris 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.
GARBAGE
Includes, but is not limited to:
A. 
Food waste of all kinds.
B. 
Used food containers or parts thereof, whether metal, paper, wood, glass, plastic or synthetics.
C. 
Paper materials used in food packaging.
D. 
Construction and demolition debris.
E. 
Dead animals or parts thereof.
F. 
Any other matter which shall be capable of fermentation or decay.
LUMBER
Includes but is not limited to:
A. 
Wood of growing trees sawed or split into boards or planks.
B. 
Wood pallets.
C. 
Wood used in packing and/or shipping.
MULTIFAMILY DWELLING
Any building containing four or more dwelling units.
PORTABLE STORAGE STRUCTURE
Any container, storage unit, shed-like container or other portable structure, other than an accessory building or shed complying with all building codes and land use requirements, that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building.
[Added 9-12-2011 by L.L. No. 2-2011]
A. 
Combustible paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, tires, plastics, styrofoam and synthetics, wood furniture and bedding, dunnage and all other material subject to burning.
B. 
Noncombustible metal, tin cans, metal furniture, glass, crockery and minerals, ashes, cinders and pottery.
SOLID WASTE
Any matter that is defined as solid waste by 6 NYCRR Part 360.
TOXIC MATERIALS
Materials listed or defined as hazardous by either of the following:
A. 
New York State Department of Environmental Conservation; or
B. 
United States Environmental Protection Agency.

§ 94-3 Prohibitions and restrictions.

A. 
Placement of dumpsters is restricted as follows:
(1) 
Dumpsters shall be placed in rear yards and behind buildings so that the dumpster is not visible from the public right-of-way. If such placement of a dumpster is not feasible due to the configuration of the property or inability to access the rear yard, then the dumpster shall be screened by either opaque fencing or landscaping which is at least the same height as the dumpster so that the dumpster is not visible from the public right-of-way. The screening shall be of sufficient length to also screen recycling and bulk materials from the public right-of-way. In the event the dumpster must be accessed through a gate for collection, the gate shall be constructed or configured so that it will not be blocked by snow or ice accumulation and the access route shall not be used as a snow storage area. Gates shall be kept closed except when the dumpster is being loaded or unloaded. Dumpsters utilized for construction and demolition debris for on-going building or demolition projects shall be exempt from this requirement for a period of 90 consecutive days, after which they shall be placed or screened in accordance with the requirements herein.
(2) 
In the event a dumpster serves a condominium or other residential community, the dumpster shall be located within such community as placed upon the final approved plans for the development of the community, or as otherwise approved by the Town Planning Board.
(3) 
No dumpster shall be located in or on a public right-of-way.
(4) 
No dumpster shall be located in areas regularly used or previously approved by the Planning Board as designated parking spaces for commercial or business uses, without the Building Department's approval.
(5) 
Garbage and other waste material must be completely contained within the dumpster. No accumulation of garbage or other materials, such as rubbish, will be permitted outside the confines of the dumpster, nor will it be permitted to accumulate so that the dumpster cover cannot be firmly closed.
(6) 
All dumpsters shall be kept in good repair, be structurally sound, leakproof and easily opened and closed. Dumpsters shall be painted as necessary to prevent the showing of rust and deterioration and be so constructed as to stand firmly upright.
(7) 
All dumpsters shall have the name of the company or individual owning such dumpster clearly printed on either the front or the back of such dumpster.
B. 
Dumping, disposing, burying or burning of any of the following on any public or private lands in the Town is prohibited:
(1) 
Construction and demolition debris, subject to the following: The storage of construction and demolition debris that is awaiting collection and removal in a manner which does not impair the public health or safety shall not be deemed to be prohibited by this section; provided, however, that said debris is removed from the site within 45 days from the issuance of a building demolition permit.
(2) 
Toxic materials.
(3) 
Lumber, except:
(a) 
Lumber awaiting use in any construction project stored in a manner which does not impair the public health or safety.
(b) 
This section shall not be deemed to prevent the storage of untreated lumber intended for the use as firewood so long as the same shall not be stored in or near any highway or Town road right-of-way, or at or near any intersection in such a manner as to obstruct or impair the line of sight for vehicular or pedestrian traffic. No storage of firewood shall be allowed in the front yard of any residential dwelling.
C. 
Unlawful acts. It shall be unlawful for any person to dispose of residential waste, ashes, junk goods or recyclable materials by means of the following:
(1) 
Placing the above-stated materials at the pickup area of another residence, business or public park.
(2) 
Placing the above-stated materials in the containers belonging to the place of business or residence of another or the containers of a public park or street.
(3) 
Disposing of any of the above-stated materials other than through the Town or a private hauler provided by the owner or resident.
(4) 
Disposing of recyclable materials being collected under the Town or county recycling program with other residential waste or garbage.
(5) 
For any nonresident of the Town of Highlands, whether it be person and/or corporation, to deposit any junk goods, recyclable materials, garbage or wastes at any site in Highlands, including but not limited to the pickup area of a resident, business or public park, in containers belonging to a place of business or residence of another or in containers of a public park, except for food and beverage waste personally generated in the use of public parks or eating establishments.
D. 
Placement of portable storage structures is restricted as follows:
[Added 9-12-2011 by L.L. No. 2-2011]
(1) 
Portable storage structures shall be placed in rear yards and behind buildings so that the portable storage structure is not visible from the public right of way. If such placement of a portable storage structure is not feasible due to the configuration of the property or inability to access the rear yard, then the location of same shall be determined in consultation with the Building Department and noted on the permit for such portable storage structure.
(2) 
No portable storage structure shall be located in or on a public right-of-way.
(3) 
No portable storage structure shall be located in areas regularly used or as previously approved by the Planning Board as designated parking spaces for commercial or business uses, without the Building Department's approval.
(4) 
Portable storage structures shall be kept in good repair, be structurally sound, leakproof and easily opened and closed.
(5) 
There must be no more than one portable storage structure per property.
(6) 
The portable storage structure must be no larger than 10 feet wide, 20 feet long and 10 feet high.
(7) 
The portable storage structure must be set back a minimum of five feet from all property lines.
(8) 
The portable storage structure must be set back a minimum of five feet from the nearest wall of a building.
E. 
Placement of donation drop-off boxes is restricted as follows:
[Added 9-12-2011 by L.L. No. 2-2011]
(1) 
The location of a donation drop-off box shall be determined in consultation with the Building Department and noted on the permit for such donation drop-off box.
(2) 
No donation drop-off box shall be located in or on a public right of way.
(3) 
No donation drop-off box shall be located on property that is not owned and operated or leased and operated by a party identified in § 94-4B(2).
(4) 
No donation drop-off box shall be located in areas regularly used or as previously approved by the Planning Board as designated parking spaces for commercial or business uses, without the Building Department's approval.
(5) 
Donation drop-off boxes shall be kept in good repair, be structurally sound, leakproof and easily opened and closed.
(6) 
There must be no more than one donation drop-off box per property.
(7) 
The donation drop-off box must be set back a minimum of five feet from all property lines.
(8) 
The donation drop-off box must be no larger than six feet wide, six feet long and eight feet high.
(9) 
Donation drop-off boxes shall be painted as necessary to prevent the showing of rust and deterioration and be so constructed as to stand firmly upright.
(10) 
Donation drop-off boxes shall have the name of the company or individual owning such drop-off box clearly printed on either the front or the back of such drop-off box with a phone number and address for such entity.
(11) 
All donations must be fully enclosed in the donation drop-off box.
(12) 
No person or entity shall hold any drop-off box out to the public for the dropoff of articles of clothing, unless the proceeds from the sale of such clothing shall be utilized for charitable or governmental purposes.

§ 94-4 Requirements.

A. 
Unless a multifamily dwelling, permitted accessory buildings and structures, parking spaces and driveway occupy the entire area of a lot so as to make the placement of a dumpster on the lot unfeasible or the topography or other site conditions of a lot containing an existing multifamily dwelling prevent the placement of a dumpster or each dwelling unit has its own garage, the owner(s) or operator of any multifamily dwelling shall be required to provide a dumpster or dumpsters of appropriate size for the storage and disposal of garbage and rubbish generated by the multifamily dwelling. All such dumpsters shall be placed or screened in accordance with § 94-3 above at safe, convenient locations for use and pick-up.
B. 
Permits and standards for portable storage structures and donation drop-off boxes.
[Added 9-12-2011 by L.L. No. 2-2011]
(1) 
Any person or entity wishing to place or utilize a donation drop-off box within the Town of Highlands in a place that is open or accessible to the public must obtain a permit from the Building Department.
(2) 
Only the following entities and organizations may apply for and obtain a permit for a donation drop-off box:
(a) 
Entities or organizations that have a tax status under Section 501(c)(3) of the Internal Revenue Code, as amended;
(b) 
Emergency service providers of the Town of Highlands;
(c) 
Veterans organizations having a premises in the Town of Highlands; and
(d) 
Churches, synagogues, mosques, temples and other religious organizations having a premises in the Town of Highlands.
(3) 
Any person or entity wishing to place or utilize a portable storage structure within the Town of Highlands must obtain a permit from the Building Department.
(4) 
There shall be a fee set by resolution of the Town Board from time to time, and delineated in Chapter 109, Fees, of the Code of the Town of Highlands for an application or permit to place a portable storage structure subject to the provisions of this chapter at any location.
(5) 
A permit for a portable storage structure shall be valid for six weeks from the date of issuance. The permit may be extended for good cause at the discretion of the Building Department upon submission of a written request of the applicant.
(6) 
The permit application form shall be approved by the Building Department and shall include but not be limited to the name, address and telephone number of the person, entity or organization applying for the permit; the proposed address where the storage structure or drop-box is to be placed and the proposed location on the property; the name and telephone number of the owner of the location at which the container is to be placed; the name and telephone number of any lessee in control of the location at which the container is to be placed; the name and telephone number of the individual who will be placing the container; information as to the manner and schedule for which the container is to be emptied or removed and the destination of the clothing to be removed from the container.
(7) 
The permit to be issued by the Building Department can only be granted when it is determined by the Building Inspector or his designee that:
(a) 
The proper type of portable storage structure or donation drop-off box is being used as described by this chapter;
(b) 
The portable storage structure or donation drop-off box is being placed in a proper location as described by this chapter or as agreed to by the Building Department;
(c) 
A letter of authority/permission from the owner of the property upon which the portable storage structure or donation drop-off box is to be and/or are already located has been submitted; and
(d) 
Name, address and phone number of the organization or entity are displayed on each donation drop-off box.
(8) 
Portable storage structure associated with construction at a site where a building permit has been issued may be exempted from certain conditions at the discretion of the Building Department.

§ 94-5 Penalties for offenses; enforcement.

A. 
Any person, firm or corporation who or which shall violate or fail to comply with any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine of not less than $350 nor more than $1,000 for each offense, and in default of payment of such fine, be imprisoned for a term not exceeding 15 days. Each day such violation is committed or permitted to continue shall constitute a separate offense.
B. 
This chapter may be enforced by the Building Department/Code Enforcement Office and/or the Police Department of the Town of Highlands.