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Town of Amherst, NY
Erie County
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Table of Contents
Table of Contents
[Adopted 2-23-2015 by L.L. No. 4-2015]
This article shall be applicable to composting operations located on property that is being used primarily for residential purposes. The composting operation shall be conducted as an accessory use to the residential use of the property.
A. 
Composting operations shall be maintained in compliance with the following requirements:
(1) 
All compost material shall be enclosed in a freestanding compost bin constructed of plastic, metal or other material acceptable to the Commissioner of Building. For residential property larger than one acre in area, yard waste may also be composted in an unenclosed manner. A compost bin shall be no larger in volume than one cubic yard. No more than three (3) compost bins shall be allowed for each property. Compost bins must be rodent proof and five (5) feet or less in height.
(2) 
All compost materials shall be maintained so as to prevent the harborage of rodents and pests. The presence of rodents or pests in or near the compost bin shall be cause for the Town to issue a violation(s) and order the compost removed.
(3) 
All compost bins shall be maintained so as to prevent unpleasant odors or any other nuisance condition.
(4) 
Compost bins shall be located at a minimum of three (3) feet from the rear or side property line and shall be located a minimum of twenty (20) feet from any home, patio, pool or similar structure on an adjacent property. Compost bins shall not be located between the front of a principal residential structure and a public or private right-of-way.
(5) 
No compost bin shall be located where it will impede the natural free flow of storm water drainage.
B. 
Acceptable Composting Material shall be limited to the following materials:
(1) 
Yard waste, including leaves, sod, and grass clippings;
(2) 
Untreated wood, wood chips, and sawdust;
(3) 
Paper;
(4) 
Straw;
(5) 
Vegetables, fruits and their remains, including peels and rinds;
(6) 
Empty egg shells;
(7) 
Aquatic weeds;
(8) 
Coffee grounds and tea leaves;
(9) 
Evergreen needles;
(10) 
Hair;
(11) 
Dryer lint;
(12) 
Vacuum cleaner dust;
(13) 
Organic garden waste;
(14) 
Compost additives that aid the decomposition process,
(15) 
Bread, rice and pasta.
A. 
The Town of Amherst Refuse Control Office, Refuse Control Officers, the Commissioner of Building, all Code Enforcement personnel in the Building Department and such other persons as may be designated by resolution of the Town Board of the Town of Amherst are hereby authorized and directed to enforce this article.
B. 
The Refuse Control Officers, the Commissioner of Building, all Code Enforcement personnel in the Building Department and such other persons as may be designated by resolution of the Town Board are hereby authorized to issue and serve appearance tickets and/or violation summons with respect to violation of this article.
C. 
Each week that a violation continues shall be deemed a separate offense punishable as such.
A. 
First offense: written warning.
B. 
Second offense within twelve-month period: $50 to $100.
C. 
Third offense within twelve-month period: $100 to $150.
D. 
Fourth or more offense within twelve-month period: $150 to $250
If any section, sentence or part of this article is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this article.