[HISTORY: Adopted by the Town Board of the Town of New Castle by L.L. No. 4-1987; amended in its entirety 12-9-2014 by L.L. No. 1-2015. Subsequent amendments noted where applicable.]
Pursuant to Town Law § 198, Subdivision 9(b), and a certain resolution adopted by the Town Board of the Town of New Castle, dated February 24, 1987, establishing the New Castle Residential Refuse and Garbage District (the "district"), there are hereby established and imposed unit charges for property in the district used for residential purposes.
[Amended 3-26-2019 by L.L. No. 2-2019]
As used in this chapter, the following terms shall have the meanings defined herein:
- APPROVED CONTAINERS
- Includes any cylindrical, light-gauge steel, plastic or galvanized receptacle closed at one end and open at the other, furnished with a top or lid, with two handles and of not more than 32 gallons' capacity and not weighing more than 60 pounds when full. Household garbage that cannot be placed in standard containers shall be put in containers, bundled or otherwise secured and placed at the curb. Such bundles or containers shall not exceed 60 pounds in weight and shall be limited to six feet in length and three feet in height, width or diameter.
- CONSTRUCTION AND DEMOLITION WASTES
- Lumber, concrete, pipe, roofing, brick, masonry and any other materials from buildings and other structures.
- CONTAINERIZED SERVICE
- The collection of wastes in centralized steel containers of two to six cubic yards' capacity. Containers may be of the front-load or rear-load type conforming to the New Castle Code, § 73-5A.
- The person or company with whom the district contracts for town-wide residential refuse and garbage collection.
- An area containing no obstruction within four feet of the side or edging of the street (public or private) in front of the respective service unit, but not the paved portion thereof.
- The Town of New Castle Residential Refuse and Garbage District, a special district of the Town created pursuant to Article 12 of the Town Law.
- All waste and accumulation of animal, fruit or vegetable matter that attends or results from the preparation, use, handling, cooking, serving or storing of meats, fish, fowl, fruit, vegetable matter or any matter whatsoever which is subject to decay, putrefaction and the generation of noxious and offensive gases or odors or which may serve as breeding or feeding material for flies and/or other germ-carrying insects.
- HAZARDOUS MATERIALS
- Wastes that are hazardous by reason of their pathological, flammable, explosive, radiological or toxic characteristics. These wastes are defined more particularly by 6 NYCRR 371, the applicable provisions of which regulation are incorporated herein by reference.
- HOUSEHOLD GARBAGE
- Includes refuse normally generated by daily residential activity, including food wastes and trash placed in approved containers. Household garbage shall not include construction and demolition wastes; newspapers and magazines; yard waste; bulky trash items; commercial, office or industrial waste; hazardous materials; special materials; or move-in/move-out waste, as herein defined.
- HOUSEHOLD TRASH
- Includes combustibles, such as paper and wood, and noncombustibles, such as metal and glass, generated by residential activity. Trash also includes miscellaneous discarded household items such as furniture and appliances but not construction and demolition wastes.
- The following materials may be recycled:
- A. Glass bottles and jars, clean and free of food particles and other residue and without screw caps. Examples are glass food bottles and jars, juice bottles, liquor bottles, baby food jars, soda bottles and wine bottles, but not ceramics, crystal, glass doors, light bulbs, mirrors, Pyrex, window panes or windshields.
- B. Metal cans, clean and free of food particles and with paper labels removed. Examples are metal food cans, soda cans, pet food cans, metal juice containers and beer cans, but not aerosol cans, batteries, oil or paint cans or hazardous chemicals containers.
- C. Plastics 1 through 6, clean and free of food particles or residue and without screw caps. Examples are plastic soda bottles, liquor bottles, juice bottles, detergent bottles and food containers.
- D. Paper, newspapers, magazines, direct mail, packaging and corrugated cardboard.
- All putrescible and nonputrescible refuse wastes, except body waste, including any waste referred to as "garbage," "rubbish," "trash," "yard waste" and "ash."
- SENIOR CITIZEN
- Any person who owns and occupies a service unit and is the age of at least 65 years.
- SERVICE UNIT or SERVICE UNITS
- A dwelling unit used or which may lawfully be used for residential purposes or, in the case of new dwelling construction, dwelling units which are substantially completed, whether or not a certificate of occupancy has been issued, but not including:
- A. Dwelling units on properties which are primarily devoted to nonresidential use; or
- B. Accessory or incidental residential dwelling units used in connection with principal institutional or nonresidential uses. Each dwelling unit in a multifamily building and attached townhouses shall be considered a separate service unit for the purposes of this chapter.
- SPECIAL MATERIALS
- Includes bulky materials or other special wastes that are not stored in approved containers and cannot be picked up by normally used collection vehicles.
- The Town of New Castle, a municipality of the State of New York, or the responsible officials thereof.
- Includes combustibles, such as wood, etc., and noncombustibles, such as metal and glass (not included as recyclable), stone, dirt, etc. "Trash" also includes miscellaneous discarded household items, such as furniture, appliances, etc.
- UNIT CHARGE or UNIT CHARGES
- The cost assessed to a service unit for once-per-week curbside collection of refuse.
- All or any portion of the matters covered by the contract documents in connection with the contract between the district and the contractor.
- YARD WASTE
- Includes all grass, brush, shrubbery and tree trimmings, as well as leaves, branches and other plant matter not mixed with other types of refuse.
Unit charges established herein shall be imposed on the owners of all service units located within the district, except as follows:
Service units which are located on properties which are divided by a town or village boundary line shall be assessed unit charges pursuant to this chapter unless the owner of any such property files a written notice with the Town Clerk stating that the owner does not wish to receive refuse collection services from the district. Such written notice must be received by the Town Clerk on or before January 1, 1988, in order to be effective. As to any such service unit for which no notice is filed, such service unit shall be assessed unit charges in accordance with this chapter and shall have no right to thereafter discontinue such services or charges due to location of such town or village boundary, except upon approval of the Town Board of the Town of New Castle upon written application demonstrating financial hardship and that such service unit is or will be served by the adjacent municipality.
Condominium developments and homeowner association developments (collectively, "developments") for which a certificate of occupancy has been issued prior to January 1, 1988, shall receive collection service commencing January 1, 1991, unless during that three-year period the Board of Managers of the applicable development files a written notice with the Town Clerk that it wishes to receive the service of the district prior to January 1, 1991. Such notice must be filed no later than November 1 prior to the commencement of the calendar year for which collection service is to commence. Within 30 days of receipt of said notice, such developments shall become one or more service units.
The amount of the unit charges shall be adopted by the Town Board annually. The determination of unit charges shall be made by resolution, after public hearing, and filed with the Town Clerk at the same time and in the same manner as other special district charges.
The unit charges for service units shall be based upon the following formula:
Detached, single-family home: one unit.
Detached, single-family home with either an accessory apartment or a portion of said home being used in the same manner as an accessory apartment; a two-family house (whether or not an approved two-family house) or two apartments or residences on a single parcel with common garbage service provided to both (garbage cans put together at the same location and both curbside or both driveway pickup): 1.5 units.
Condominium, fee-simple townhouse or apartment with individual garbage cans at each dwelling unit: one unit.
Condominium, fee-simple townhouse or apartment with common garbage containers for three or more dwelling units or with garbage cans for three or more condominiums or apartments at a common location: 0.6 unit per dwelling unit.
The unit charges shall become due and payable at the same time and in the same manner as other town taxes and assessments. Unit charges of the district shall constitute a lien upon the real property of the service unit on the first day of January in each year. Penalties and interest for unit charges in arrears shall be imposed and collected in the same amounts and in the same manner as they are imposed on other town taxes and assessments.
Anything to the contrary notwithstanding in this chapter, when a property in the district first becomes a service unit as defined herein, the unit charge for such year shall be prorated for the number of whole months, commencing with the month in which such property becomes a service unit and ending with the last month of such year, and shall be paid at the time such property receives a certificate of occupancy or, in the case of new dwelling construction, when the dwelling unit is substantially completed, whichever is earlier.
Whenever a dwelling unit becomes a service unit, as defined herein, after June 1 in any calendar year, the service unit shall be placed on a supplemental assessment roll for the district on or before April 1 of the following year for purposes of levying the unit charges for that subsequent calendar year.
Certain senior citizens who own and occupy a service unit shall be entitled to a partial exemption from the payment of unit charges as provided herein to the extent of the percentage of such exemption as set forth in § 116-2 of the Town Code. Said exemption shall be applied and administered in the same manner and to the same extent as the partial exemption provided in Chapter 116, Taxation: Real Property Exemption, of the Town Code, except as follows:
The income qualification amounts shall be two times the amounts provided in § 116-2 of the Town Code.
Applications for such exemption must be filed with the Town Assessor on forms prescribed by the Town Assessor's office on or before June 1 prior to the year in which the exemption is requested, except before November 1, 1987, for exemption in 1988.
[Amended 1-9-2018 by L.L. No. 3-2018]
A senior citizen who is granted a partial exemption from the payment of unit charges as provided in § 72-8 and who pays for driveway, garage or backyard pickup under the terms of the contract for Town-wide residential refuse and garbage collection shall be entitled to a reduction in charges for those additional services which is two times the percentage of the exemption from the payment of unit charges granted to him or her pursuant to § 72-8, but in no event shall such reduction exceed 90%. Application for such reductions must be filed with the Town on prescribed forms prior to the beginning of a quarter and must be renewed annually thereafter. Procedures for receiving the reduction will be determined by the Town.
The owner-occupier of a residence occupied solely by senior citizens aged 75 or over who pays for driveway, garage or backyard pickup under the terms of the contract for Town-wide residential refuse and garbage collection shall be entitled to a reduction rate of 75% of the quarterly charges paid for their additional services. Applications for such reductions shall be on prescribed forms filed with the Town prior to the beginning of any quarter. Procedures for receiving the reduced rate shall be determined by the Town. For the purpose of this section, an individual 65 years of age or older who is certified by a physician to be disabled shall be regarded as meeting the seventy-five-year age requirement. A resident is entitled to either a reduction under this subsection or Subsection A above, but not both.
Any person aggrieved by the amount of the unit charges assessed against his property or the failure to grant a senior citizen exemption may file a complaint with the Town Assessor for review and determination by the Board of Assessment Review in accordance with the procedures applicable to other assessment complaints as provided in Title 1-A of the Real Property Tax Law, as same may be amended from time to time.
Editor's Note: See Real Property Tax Law § 729 et seq.
Notwithstanding the provisions of Subsection A hereof, any such grievance complaint with regard to the 1987 assessment roll for the New Castle Residential Refuse and Garbage District shall be filed with the Town Assessor on or before December 15, 1987. A special meeting of the Board of Assessment Review shall be held at a time and place to be duly posted and published at least five days before said meeting. Such posting shall include at least a notice posted at Town Hall, the Community Center and the Chappaqua Library and published once in a newspaper with a circulation in the Town of New Castle.