[Added 8-9-1988 by L.L. No. 9-1988]
The Town Board of the Town of Fallsburg recognizes
that the quality of our environment is fundamental to the residents
of the Town of Fallsburg. It is hereby declared to be the policy of
the Town of Fallsburg to conserve, improve and protect the environment
in order to enhance the health, safety and welfare of the people of
the Town. The Town Board has further determined that landfills and
dumps present significant and continuing hazards to the environment
and to the health, safety and welfare of the residents of the Town
of Fallsburg. These hazards are caused not only by the possibilities
of odor, vermin, fire and water pollution but also as a result of
traffic congestion and heavy vehicular traffic in the vicinity of
refuse disposal areas. It is also the policy of the Town of Fallsburg
to encourage and promote recycling of all solid waste in order to
preserve and protect our dwindling natural resources.
As used in this article, unless the context
or subject matter otherwise requires, the following terms shall have
the meaning indicated:
Any area designated by the Town Board as an area for the
deposit of waste material as defined herein.
Any person, society, club, firm or partnership residing,
maintaining any business or owning any real property in the Town of
Fallsburg, New York.
An engineering study for the development of any landfill
or solid waste disposal facility. In addition, all engineering studies
shall include a comprehensive study by the Planning Board and such
other reports and recommendations from environmentally concerned governmental
agencies at the county, state and federal level.
All putrescible and nonputrescible solid wastes including
garbage, rubbish, ashes, incinerator residue, dead animals, demolition
and construction debris, motor vehicle bodies and parts, offal, sewage,
human excrement, whether treated or untreated by chemicals, solid
commercial and industrial wastes, junk, trash or other waste material
of any kind.
No landfill or solid waste disposal facility
of any type, nature or size whatsoever shall be established, created
or operated within the Town of Fallsburg until all the procedures
set forth herein have been followed by the applicant and such facility
has been approved by the Town Board and a permit for such use has
been issued by the Town Board. This article shall also apply to existing
solid waste disposal facilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
Any person, firm, corporation or governmental
entity intending to open, operate or alter operation or increase a
landfill or solid waste disposal facility shall be subject to the
following procedures and shall submit the following information:
A.
Submission to the Town of Fallsburg Planning Board
of a detailed comprehensive plan, including but not limited to the
following information:
(1)
An instrument survey or accurate land plot of the
area under consideration including aerial photographs.
(2)
A topographical study of the area to be considered.
(3)
An engineering study locating all water sources, streams
and tributaries, both surface and underground, and types of soil within
2,500 feet of the boundaries of the proposed site. Such plan shall
include the anticipated effect on the quality or flow of any such
watercourses.
B.
The maximum decibel level of the equipment or machines
used or to be used at the site, including the average daily decibel
level to be anticipated during the operation of such machines.
C.
An air quality study of the air in the vicinity of
the site and the anticipated or probable increase in the pollutants
in the air as a result of the operation of the site.
D.
The number of hours per day and the number of days
per week such site shall be operational.
E.
The number, type, description and gross tonnage weight
of any vehicles that shall service the site.
F.
A detailed plan for the control and/or elimination
of any increase in vermin as a result of the operation of the site.
G.
The number of residential dwellings within 2,500 feet
of the boundaries of the site and the number of persons residing within
that area.
H.
Methods, if any, proposed by the applicant for recycling
refuse received at the site.
I.
Such further and other information, studies and plans
as may be deemed necessary by the Town Planning Board in completing
its studies.
A.
Planning Board. Upon receipt of such application,
the Town Planning Board shall, within 60 days, hold a public hearing
at a time and place convenient to the public. Notice of such meeting
shall be published at least once each week for four consecutive weeks
prior to the hearing. In addition, written notices of such application
shall be forwarded to all landowners and residents within 2,500 feet
of the proposed boundaries of the site. Upon completion of the public
hearing, the Town Planning Board may in its discretion order a further
public hearing if necessary or submit within 60 days its written detailed
recommendations concerning such site to the Town Board.
B.
Action by Town Board.
(1)
The Town Board, upon receipt of the written recommendations from the Town Planning Board, may in its discretion hold such further public hearings as the Town Board deems necessary. However, within 60 days of the receipt of the recommendations of the Planning Board, the Town Board shall disapprove the site or issue a permit for the operation of the site under such terms and conditions as the Town Board deems necessary to protect the environment and residents of the Town of Fallsburg. No such permit shall be issued by the Town Board for a period exceeding a year, nor unless in compliance with Chapter 310, Zoning, of this Code.
(2)
For good cause, the Town Board may grant a temporary
permit pending hearing and find action for existing solid waste disposal
facilities and upon such terms and conditions as it deems appropriate.
[Amended 5-11-2010 by L.L. No. 7-2010]
All applications for a permit to operate any
landfill or solid waste facility in the Town of Fallsburg shall be
accompanied by a nonrefundable fee in an amount as shall be set from
time to time by resolution of the Town Board to cover the anticipated
costs of studies and public hearings required pursuant to this article.
Notwithstanding the foregoing provisions, no
waste material originating outside of the Town of Fallsburg can be
disposed of within the Town of Fallsburg.
