[HISTORY: Adopted by the Town Board of the
Town of Blooming Grove as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-8-1975 by L.L. No. 4-1975 as Ch. 72 of the 1975
Code; amended in its entirety 6-1-2021 by L.L. No. 1-2021]
As used in this article, the following words and phrases shall
have the following meanings:
The residue from burning wood, coal, coke or other combustible
materials.
All vegetable, animal or other matter, liquid or otherwise,
likely to ferment or decompose and produce various odors or become
injurious to health and other materials commonly considered garbage.
Ashes, sweepings, paper materials, rags, bottles, tin cans,
glass, crockery and similar materials.
Town of Blooming Grove.
Town Board of the Town of Blooming Grove.
Clerk of the Town of Blooming Grove.
Supervisor of the Town of Blooming Grove.
Town of Blooming Grove Town Wide Refuse District, Town Mountain
Lodge Garbage District.
All garbage placed for collection and removal by the residents
of the district shall be contained in closed containers of metal or
plastic type and in plastic bags and in such manner as will permit
proper collection by the collector. Such containers other than plastic
bags shall have close-fitting corners and adequate handles to facilitate
collection and shall have a capacity of not less than 10 nor more
than 95 gallons and must not weigh more than 65 pounds gross, except
that bulky rubbish, newspapers, collapsed boxes, may be compactly
tied and bundled so as to be easily handled and not likely to be scattered,
but not to exceed three feet in length nor more than 50 pounds in
weight, and when so tied and bundled may be stored beside the containers.
Plastic bags, when used, shall be securely closed at the top and shall
not weigh more than 50 pounds gross.
A.
Placement of containers.
(1)
All containers containing garbage, recyclables, or materials to be
collected shall be placed curbside, where accessible, and/or along
the roadside no closer than two feet from edge of macadam, and never
located on the driving surface so as to obstruct traffic.
(2)
All containers containing garbage, recyclables, or waste are to be
located at the end of the driveway with a minimum of two feet away
from the mailbox.
(3)
All containers shall be facing forward and minimum of four feet between
containers.
(4)
This section shall not apply to dumpsters and containers for multifamily
buildings.
B.
Time.
(1)
All containers containing garbage, recyclables, or waste shall be
put out for collection before 6:00 a.m. on the day of regularly scheduled
pickup, but not earlier than 6:00 p.m. on the day before pickup.
(2)
All containers, after being emptied, shall be removed from the curbline/roadside
before sundown or no later than 8:00 p.m. on the day of collection.
C.
Storage areas.
(1)
All containers must be removed from the curbline/roadside to the
dwelling and/or stored no closer than 20 feet from curbline/roadside.
(2)
All containers kept outside must be screened from street view.
(3)
Containers are assigned to the property, not the resident, and must
remain on that property.
(4)
A storage area shall be provided for garbage receptacles, recyclable
receptacles and rubbish by the homeowner and screened from street
view.
(a)
All storage areas for all containers used to store garbage,
recyclables and/or waste shall be located on the property served and
not in the Town's street rights-of-way or Town easements and
the storage areas shall be kept free of loose, unwrapped or unconstrained
garbage and rubbish.
(b)
Storage areas shall not be located in the front yard of any
dwelling.
(c)
Storage areas located on the street side yard of corner lots
of any residential property shall be screened from view so that the
garbage and rubbish receptacle is not openly and prominently visible
from the streets.
(d)
Storage for corner lot areas shall be clearly located, enclosed,
or fenced with screening.
(e)
Storage areas on interior side yards of residential properties
shall not be closer than 10 feet from the property line and shall
be enclosed or guarded from view.
The following shall not be considered for collection:
A.
Materials resulting from the repair, construction or excavation of
buildings or structures or streets or sidewalks, such as earth, plaster,
mortar, concrete, brick, lath and roofing materials.
B.
Dangerous materials or substances, such as poisons, acids, caustics,
infected materials and explosives, flammable or highly combustible
matter, such as cleaning establishment wastes or other industrial
wastes found to contain varnish, paint thinners or other dangerous
materials; ammunition; oil drums, either full or empty, cans or barrels
containing combustible liquids; energy-saving light bulbs containing
mercury.
C.
Lawn clippings, tree trimmings, leaves, tree stumps; tree trunks;
firewood; railroad ties; telephone poles; dirt, rock, asphalt or large
wooden crates or boxes; stones or quantities of sod.
D.
Rubber tires of any size; rubber wastes; battery cases; tar cans;
any large metal products or abandoned machinery.
E.
Computer equipment; electronic equipment containing hazardous metals,
computer monitors, televisions, motherboards.
F.
Materials, which have not been prepared in accordance with this article
or any hazardous waste as defined by Article 27 of the Environmental
Conservation Law and the regulations promulgated thereunder.
G.
Any material classified as toxic waste by 6 NYCRR 366, the identification
and listing of hazardous wastes pursuant to Article 27, Title 9, of
the Environmental Conservation Law or any ensuing legislation more
restrictive than currently in force.
All garbage, and refuse shall be collected in accordance with
the schedule approved from time to time by the Town Board.
A.
For the purpose of this article, a "seasonal residence" shall be
defined as a residence in the district to be serviced during the period
May 1 to October 30, or any part thereof only. All other residences
shall be considered annual residences.
B.
The charge for the collection of refuse and garbage for annual residences
shall be at one charge per residence annually, a residence being residential
dwelling unit, and the charge for the collection of refuse and garbage
for seasonal residences shall be at a different charge per season,
per residence, a residence being a residential dwelling unit.
C.
The Town Board is hereby empowered and authorized from time to time
to establish the schedule of charges, fees and rates to be paid by
users which schedule may be adopted by resolution with or without
public hearing and after adoption and amendment is to be filed with
the Town Clerk.
D.
Refuse and garbage service charges for annual and seasonal residences
shall be due and payable annually in advance on the first day of January,
for the period January 1, to December 31, and thereafter on the first
day of January in each year.
E.
Refuse and garbage charges shall be billed to the owners of the premises
and shall be payable at the office of the Town Collector of Taxes.
In the event that the garbage or refuse service bill is not
paid within one month from the date it is due and payable, then, in
that event, a penalty equal to 10% of the total charge shall be added
to the bill.
A.
All refuse and garbage service charges, penalties and interest thereon
shall be a lien upon the real property benefited by the refuse and
garbage collection and disposal service from the date that the refuse
and garbage service charge is due and payable, and such lien shall
be prior and superior to every other lien or claim, except the lien
of an existing tax or local assessment.
B.
The Town Clerk shall annually file with the Town Board statements
showing unpaid rates, charges or fees. Such statements shall contain
a brief description of the property for which or in connection with
which the refuse and garbage collection service was provided, the
names of property owners liable to pay the same and the amount chargeable
to each. The Supervisor shall transmit such statements to the Orange
County Legislature, which shall levy such sums against the property
liable and shall state the amount of the tax in a separate column
in the annual tax rolls of such Town under the name of "Refuse and
Garbage Charges." Such tax shall be paid to the Supervisor of the
Town. All provisions of the existing Town Law of the State of New
York covering the enforcement and collection of unpaid Town taxes
not inconsistent herewith shall apply to the collection of such unpaid
charges for the collection of refuse and garbage.
The owner, lessee, tenant or any other person having the management
or control or occupying any lot or plot of land in the district shall
keep such land at all times free and clear of any accumulation of
ashes, rubbish, refuse, grass cuttings, leaves, garbage, offal or
any offensive substances, except such as are deposited in containers
or are otherwise secured, except as provided in this article.
The Town may utilize any one or more of the following for the
enforcement of this article:
A.
Offense. Any violation of this article is hereby declared to be an
offense punishable for each violation by a fine not to exceed $250
or not to exceed 15 days imprisonment, or both.
B.
Civil penalty. Every person found guilty of violating this article
shall be subject to a civil penalty of $250 for each and every violation
recoverable in a civil action which remedy may be in addition to or
instead of any other remedy provided for herein.
C.
Injunction. The Town Board, instead of or in addition to any one
or more of the above, may also maintain an action or proceeding in
the name of the Town to compel compliance with or to restrain by injunction
any violation of this article or to remedy any condition resulting
from a violation.
D.
Termination of services. In addition to the above remedy, the service
to any delinquent account can be terminated by order of the Town Board.
This article shall apply to the Mountain Lodge Refuse and Garbage
Collection District and shall also apply to such other refuse and
garbage collection districts as may from time to time be created in
the Town of Blooming Grove.
A.
In seeking a variance, the property owner must demonstrate that,
without the variance, the owner has no reasonable means to conform
to this code and/or would have an additional burden placed on them
to conform. All variances of this article of the Town Code shall be
granted by the Town Board.
B.
The burden is on the applicant or property owner to provide verifiable
facts upon which the Town Board can make its decision. A scale drawing
of the property may be included with the application. The application
may be a simple form letter of explanation and a drawing. The location
of property lines, roadway, and the location of the garbage cans to
be stored must be clearly marked on the drawing. Any party may appear
in person or be represented by an agent or attorney.
C.
To authorize a variance, the Town Board must find four things:
(1)
Due to special conditions, a literal enforcement of this article
will result in unnecessary hardship.
(2)
The variance is needed so that the spirit of this article will be
observed.
(3)
Substantial justice will be done by granting the variance.
(4)
The variance will not be contrary to the public interest.
D.
The Town Board must find all four things in order to grant a variance.
E.
The Town Board will grant the variance by way of adopting a resolution.
F.
A certified copy of the resolution will be kept in the property file
of the property granted such variance.
This article supersedes, and is in derogation of, Chapter 198 of the Code of the Town of Blooming Grove, County of Orange, and State of New York. This article is enacted by authority of § 20, Subdivision 5, of the Municipal Home Rule Law and any other law referenced herein as authority herefor.
All ordinances, local laws and parts thereof inconsistent with
this article are hereby repealed.
This article shall take effect immediately when it is filed
in the Office of the New York State Secretary of State in accordance
with § 27 of the Municipal Home Rule Law.
[Recycling regulations adopted and promulgated
by Orange County are operative in the Town of Blooming Grove.]
