[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:
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.
Lumber, concrete, pipe, roofing, brick, masonry and any other
materials from buildings and other structures.
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.
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.
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.
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:
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.
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.
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.
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."
Any person who owns and occupies a service unit and is the
age of at least 65 years.
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:
Dwelling units on properties which are primarily devoted to
nonresidential use; or
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.
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.
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.
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:
A.
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.
B.
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:
A.
Detached, single-family home: one unit.
B.
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.
C.
Condominium, fee-simple townhouse or apartment with individual garbage
cans at each dwelling unit: one unit.
D.
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.
A.
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.
B.
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:
A.
The income qualification amounts shall be two times the amounts provided in § 116-2 of the Town Code.
B.
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.
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.
B.
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.
A.
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,[1] as same may be amended from time to time.
[1]
Editor's Note: See Real Property Tax Law § 729
et seq.
B.
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.
