Village of Perry, NY Special Regulations

Districts. Towers are permitted in any zoning district as accessory uses, by special permit.

Number of towers. Towers shall be limited to one tower per acre, except that amateur radio towers may number no more than two towers per 20,000 square feet of lot area.

Location. Freestanding towers shall be located in rear yards only. Guy wires and anchors for towers shall not be located closer than five feet to any property line and shall not extend into any required front or side yard. The base of a freestanding tower shall be no closer to any lot line or public utility line than the distance equal to the height of the tower or 10 feet, whichever is greater.

Noise. A WECS shall not exceed a noise level of 50 decibels as measured on the dBA scale, measured at the property line.

Tower access. Climbing access to a tower over 15 feet in height shall be limited either by means of a fence six feet high around the tower base, with a locking portal, or by limiting tower climbing apparatus to no lower than 12 feet from the ground.

Electrical interference. It shall be the responsibility of the owner to take whatever corrective measures may be required to correct any television interference caused by and attributable to a WECS.

Height limitations. Attached towers in all districts which are attached to the roof of the structure shall not exceed 35 feet above grade. Freestanding towers in any district as defined heretofore shall not exceed a total height, including appurtenances, of 100 feet above grade.

Dish antennas.

Dish antennas 48 inches or less in diameter or the equivalent square inches of surface area do not require permits.

Dish antennas larger than 48 inches in diameter or the equivalent square inches of surface area require a permit. This permit must be approved by the Planning Board and based on a location plan provided by the applicant showing setbacks from property lines and other structures within 20 feet of the proposed dish antenna.

Dish antennas must be located in side or rear yards or, if 48 inches or less in diameter, can be attached to the principal building by securely mounting on the wall or roof and shall meet all requirements for an accessory structure.

Dish antennas shall reduce to a minimum the visual impact on surrounding properties by using architectural features, earth berms, screening and/or landscaping that harmonizes with the property and neighborhood characteristics.

The Planning Board may require a public hearing in cases where it believes impacts on the neighbors are identified or when petitioned by a neighboring property owner. If such a hearing is merited, special use permit procedures shall be followed.

All existing antennas are approved if in compliance with this chapter as of the effective date of this section.

§ 490-55 Excavation and topsoil removal.

Purpose. The purpose of this section is to protect the health, safety and general welfare of the residents of the Village of Perry from all adverse impacts caused by excavations and other soil disturbances. The Village Board also recognizes earth with its minerals as a recoverable resource, having commercial value, and affirms the right to properly excavate upon assurance of adequate restoration.

Scope. This chapter shall be interpreted to foster:

The orderly operation of all excavations and soil disturbances, including development of domestic mineral resources, erosion control, alteration of topography and storage according to sound environmental practices.

The restoration of affected lands.

The retention of the taxable value of property.

The retention of natural beauty and aesthetic values in the affected areas.

The preservation of the quality of life for local residents.

Definitions. As used in this section, the following terms shall have the meaning indicated:

APPLICANT

That person making application for a permit and who is the owner or authorized by the owner.

APPURTENANT ACTIVITIES

All on-site operations involved in the treatment, processing or further fabrication of soil, sand, gravel or natural deposits, including washing, sedimentation ponds, grading, sorting, grinding, concrete batching plants, asphalt mixing plants and aggregate dryers.

BASIN

An excavated area, including ponds, lagoons, and bunker silos, designed to hold surface water.

EXCAVATION

A cavity, hole, mine, pit or quarry in land formed by digging, for the purpose of extracting stone, gravel, sand, shale or other natural minerals or the topsoil therefrom.

MINE

Any pit or underground workings from which any mineral is produced.

MINERAL

Aggregate, clay, gravel, sand, shale, stone or any other solid material of commercial value found in or on the earth.

OPERATOR

Any owner, lessee, or other person who operates, controls or supervises the operation.

OWNER

That person having title to the tract of land and who is responsible for fulfilling the requirements for a restoration plan and all rules and regulations promulgated hereunder.

PERSON

Any individual, public or private corporation, political subdivision, government agency, partnership, association, trust, estate or any other legal entity.

RESTORATION

The reparation to an environmentally acceptable natural state of an area which has undergone physical change due to excavation and related activities.

TOPSOIL

Surface earth, including the organic layer in which most plants have their roots.

VILLAGE BOARD

The Board of Trustees of the Village of Perry.

General provisions.

No person shall excavate, remove topsoil or alter topography for any purpose, other than the exceptions described below under § 490-55E, without an excavation permit issued by the Village Board.

No such permit shall be issued except upon submission of evidence satisfactory to the issuing authority, and upon its finding and determination based upon such evidence, that the proposed operation will not cause erosion or otherwise disturb or adversely affect natural drainage, creeks or other bodies, sources or supplies of water, both surface and ground, or adjacent or nearby flora, fauna, or other vegetation. In determining the sufficiency of evidence, proof of compliance with standards promulgated by the United States Department of Agriculture, Soil Conservation Service, and the New York State Department of Environmental Conservation may be deemed sufficient evidence for such permit.

The retention of the taxable value of property.

All excavation topsoil removal and topography alteration operations (required permits) shall be conducted according to standards set forth below, including restoration of the affected area.

The applicant shall comply with all bonding, fee schedules, etc., as required by this section.

Exceptions. The following operations and uses are hereby excepted from the application of this section:

Excavation incident to construction of a driveway, walk, a permitted wall or building or part thereof, or accessory thereto.

Removal of topsoil, surface gravel or fill from one part of a premises to another part of the same premises incident to the construction of a building or other improvement of land or incident to farming or landscaping.

Removal of excess stone, gravel, sand or topsoil from the area of an approved subdivision, provided that such removal is in accordance with approved plans.

Construction of privately owned water and sewage lines.

Federal and state typical excavations for public safety purposes and utility.

Compliance with state law:

The applicant shall furnish evidence of a valid permit from the New York State Department of Environmental Conservation pursuant to Title 27, Article 23 of the Environmental Conservation Law when applicable.

Compliance with the abovementioned Environmental Conservation Law shall not exempt the applicant from the provisions of this section.

Permit procedures:

Application.

Upon securing a zoning permit, the applicant shall file with the Zoning Enforcement Officer an application for an excavation permit.

In addition to compliance with site plan review procedures under this chapter, the following additional information shall be supplied, as appropriate:

A duly acknowledged consent in writing by the owner of the premises and mortgagee, if any, including all addresses.

A statement as to the period of time required to complete the total operation, including restoration.

The following information on the site plan:

[a]

Average thickness of overburden, that which is above the material to be excavated.

[b]

Surface drainage pattern.

[c]

Location of all underground utilities and facilities.

[d]

An operations map at an appropriate scale showing the following features, including the area devoted to each:

[i]

Existing and proposed excavation areas.

[ii]

Existing and proposed appurtenant activities, identified by type.

[iii]

Existing and proposed access roads, identified by width and type of material.

[iv]

Existing and proposed parking facilities, identified by type of surface material.

[v]

Existing and proposed fencing and buffers, identified by height and type of material.

[vi]

Area where topsoil will be temporarily stored for use in restoration.

[vii]

Existing and proposed structures to be used in said operations.

[e]

A restoration plan including the following:

[i]

Boundaries of the area proposed for restoration.

[ii]

Final topography of the area proposed for restoration at maximum contour intervals of five feet.

[iii]

Final surface drainage pattern and location and characteristics of artificial drainage facilities in the area proposed for restoration and in contiguous areas.

[iv]

Depth and composition of topsoil proposed to be used in restoration.

[v]

The type and density of trees and shrubs, grasses and other vegetation proposed to be used in restoration.

[f]

A copy of all plans and permits required by the New York State Department of Environmental Conservation.

Public hearing. No permit shall be issued prior to a public hearing held by the Planning Board. Notwithstanding the immediately foregoing requirement, a renewal of a permit may be issued without a public hearing when the area covered by the renewal or transfer does not extend beyond the area of operations originally authorized; however, the Planning Board may, in its discretion, direct a public hearing if it determines said hearing is necessary.

Issuance of permits.

Permits may be issued by the Planning Board pursuant to all the provisions of this section and subject to any additional conditions and/or restrictions imposed by the Planning Board.

Approval or denial of the application by the Planning Board shall be rendered within 60 days after the conclusion of the public hearing on said application, unless both the Planning Board and the applicant mutually consent to a time extension. The applicant will be notified of the decision, in writing, mailed to the address shown on the application.

Excavation permits shall be issued for a period of one year and shall be subject to site inspection and review by the Zoning Enforcement Officer and any other agent designated by the Planning Board.

The Zoning Enforcement Officer shall perform the function of executing any permit on behalf of the Planning Board but shall do so only upon resolution or order of the Planning Board setting forth any conditions and/or restrictions with respect thereto. Permits are only transferable after Planning Board renewal processes.

Permit renewal. Renewal of an excavation permit upon its termination shall follow the same procedures as those required in this section for the original permit, except that if any application for renewal was properly filed prior to the expiration of any existing permit, the term of the existing permit shall be deemed to be extended to the time that the Planning Board files its decision in regard to the application for renewal.

Consideration for approval. In approving or denying an excavation permit, the standards and considerations taken into account shall include but not be limited to the following:

Whether the excavations and proposed restoration plan are in accord with the intent of the Comprehensive Plan.

Whether they will result in the creation of pits or holes which may be hazardous or dangerous.

Whether they will cause soil erosion or the depletion of vegetation.

Whether they will render the land unproductive or unsuitable for agricultural or developmental purposes.

Whether they will impair the aesthetic or natural environment of the excavation area or surrounding area.

Whether they will affect the character of surrounding land use.

Whether they will create excessive traffic or impair the quality of the existing and proposed thoroughfare facilities, community facilities and drainage.

(8)

Whether they will affect the control of nuisances.

(9)

Whether the areas excavated can be effectively restored and revegetated.

Fee. Upon filing an application for a permit, the applicant shall pay a fee as established by resolution of the Village Board. Such fee shall be deemed a reasonable sum to cover costs of administration, no part of which shall be returnable to the applicant.

Performance bond.

Upon approval of the application and before the issuance of any permit, the Planning Board shall require (with the exception of basin excavations) that a performance bond be jointly and severally executed and filed with the Municipal Clerk by the applicant and all owners of record of the premises. Said bond shall be secured by a letter of credit or surety bond to the municipality in the amount of at least $5,000 per acre. The above party or parties guarantee with said bond that upon termination of either the permit or the operation, whichever may come first, the land shall be restored in conformity with both the permit requirements and standards set forth by this section. In the event of default of compliance, such letter of credit or surety bond shall be forfeited to the municipality. The Village Board shall return to the applicant any amount that is not needed to cover the expense of restoration, administration and any other expenses reasonable incurred by the municipality as a result of the applicant's default.

Said bond shall continue in full force and effect until approval of compliance shall have been issued by the Planning Board, based upon a favorable recommendation of the Municipal Engineer. Prior to the issuance of said approval, the Planning Board may require a statement showing the manner of compliance with the plan of restoration.

In the event of a transfer of property, the Planning Board shall require the filing of a certificate from the surety company issuing the bond then in effect continuing the same as to the new permit holder or certifying that a new bond has been issued.

Standards for site design and operation.

Quarrying, mining and landfill operations.

Setbacks.

Excavations, structures and appurtenant activities shall stay a minimum distance of 150 feet from any public right-of-way or adjoining property line, except as regulated below.

This setback area may be used to contain one sign identifying the operation, fencing and buffers.

Access roads and parking.

Access roads shall be sufficiently free of dust and mud to prevent such material from being spread or blown from the premises.

Sufficient off-street parking shall be provided inside the setback area for company, employee and visiting vehicles.

Conservation measures.

All topsoil stripped from the active excavation area shall be stockpiled for use in accordance with the restoration plan but no closer than 10 feet to any property line. Such stockpiles shall be seeded, covered or otherwise treated to minimize the effects of erosion by wind or water.

Excavations shall be buffered by appropriate landscaping sufficient to shield the operation from public view. These buffer areas shall be seeded and maintained by the operator.

An adequate drainage system shall be provided to convey stormwater runoff originating on or crossing the premises such that the runoff follows, as much as feasible, the natural pattern of runoff prior to excavation and such that it does not adversely affect neighboring property owners. Soil erosion, sedimentation and groundwater seepage shall be controlled so as to prevent any negative effects on bodies of water, public roads and neighboring properties.

Other safeguards.

All operations shall be conducted between the hours of 7:00 a.m. and 6:00 p.m. with no Sunday or holiday operations.

All equipment used for excavations and processing shall be constructed, maintained, and operated in such a manner as to eliminate, as far as is practical, noises and vibrations and dust conditions which are injurious or a nuisance to persons living in the vicinity.

Trucks shall be loaded to prevent spillage or windblown matter during transport on public roads.

Standards for restoration.

No slope shall be left with a grade steeper than one foot of vertical rise to three feet of horizontal distance, and the normal angle of repose shall not be exceeded in any case.

All stumps, boulders and other debris resulting from the excavations, appurtenant activities or related operations shall be disposed of by approved methods. If disposed of on the site, such debris shall be covered with minimum of two feet of soil.

Topsoil shall be spread over the excavated area to a minimum depth of five inches.

The restoration area shall be planted with trees, shrubs, grass or other vegetation so as to provide for screening, natural beauty and soil stability. The planting shall follow acceptable conservation practices.

Restoration shall be undertaken in such a way that natural and storm drainage, where it enters and leaves the premises, shall be altered only to the minimal degree necessary to carry out excavations and appurtenant activities. Any alterations of natural and storm drainage shall not adversely affect public roads or neighboring property owners.

Restoration shall be a continuous operation, subject to review and approval at each inspection and at the termination of the permit period. Topsoil grading and planting of the area designated for restoration during the permit period shall have been completed before a permit renewal is granted. Under no circumstances shall an exposed excavation exceed six acres.

Within six months after termination of the excavation operation, all equipment, buildings, structures and other unsightly evidence of the operation shall have been removed from the premises or disposed of by approved methods and all restoration shall have been completed.

§ 490-56 Mobile home parks.

Purpose. The purpose of this chapter is to provide affordable housing in a desirable residential atmosphere, avoiding any adverse impacts on adjacent properties.

Definitions. As used in this article, the following terms shall have the meaning indicated:

MANUFACTURED HOME

Those mobile homes built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974.

MOBILE HOME

Includes manufactured homes.

Special permit. Mobile home parks shall be subject to special permit procedures as provided in §§ 490-81 and 490-82 of this chapter.

General site requirements.

Minimum size of a mobile home park shall be 10 acres.

Physical features of the site, including adjacent area, shall be conducive to residential development.

Sewerage and water supply meeting appropriate Health Department standards shall be provided and maintained.

Design standards.

Bulk requirements.

Minimum lot size: 5,000 square feet.

Minimum lot width:

Interior: 50 feet.

Corner: 60 feet.

Minimum mobile home setbacks:

From any public street: 75 feet.

From park perimeter boundary line: 50 feet.

From any park drive: 20 feet.

[4]

From any side lot line: 10 feet.

[5]

From any rear lot line: 15 feet.

Streets.

Street width and construction shall conform to the municipality's standard specifications.

Street design standards shall be consistent with Chapter 475, Subdivision of Land, of the Village Code.

A minimum of two off-street parking spaces shall be provided for each lot.

Lighting.

Streetlighting units shall be provided at each street intersection and shall be at intervals not exceeding 300 feet along park streets.

Any potentially hazardous location shall be adequately lighted.

Mobile home stand. Stands shall be constructed in accordance with the New York State Uniform Fire Prevention and Building Code.

Service buildings. All service buildings shall observe the same bulk requirements as mobile homes.

Recreation and open space.

A minimum of one recreation area shall be provided in any mobile home park.

A minimum of 10% of gross park area shall be devoted to recreation and/or open space. Each recreation area shall contain a minimum of 5,000 square feet.

Buffers and landscaping. [NOTE: See also § 490-64, Landscape design.]

An attractively landscaped buffer shall be provided and maintained along perimeter boundary lines, effectively screening the park from adjacent development.

Shade trees shall be planted and maintained along streets, walks, recreation areas, etc., at intervals of not less than 50 feet. Such trees shall be a minimum of 1 1/2 inches as measured three feet above grade.

(8)

Refuse. The storage, collection and disposal of refuse in a mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or pollution. Storage areas, including dumpsters, shall be attractively landscaped and screened from public view.

§ 490-57 Landfill management.

Title. This section shall be known and may be cited as the "Landfill Management Law."

Findings.

The Village Board finds that the siting, construction, and operation of landfills are by their very nature potentially dangerous to the environment and to the health, safety, and general welfare of the municipality's citizens.

The Village Board further finds that landfill regulation under the New York State Environmental Conservation Law is inadequate to fully relieve these local concerns.

Intent. The Village Board intends by this section to:

Regulate the siting, construction, and operation of landfills in order to preserve and promote a clean, wholesome, and attractive environment for the municipality.

Protect the municipality's citizens from the undesirable effects of landfills, including:

Unaesthetic results, including odors, blowing litter, increased traffic, dust, and noise;

Deterioration in property values associated with adjacent or proximate disposal operations that may interfere with the orderly development of properties;

Threats to public health or the environment by contamination of air, land, surface waters, or groundwaters; and

Exercise the municipality's powers under the Municipal Home Rule Law for the physical and mental well-being and safety of the municipality's citizens.

Definitions.

Unless indicated otherwise in this article, or unless the context shall otherwise require, the terms and words used in this article shall have the same meaning as those defined in Article 27 or the New York State Environmental Conservation Law and regulations promulgated under that article.

As used in this article, the following shall have the meanings indicated:

INCINERATION

Controlled combustion of solid wastes, including by-products of on-site production, with or without energy recovery.

LANDFILL

A land disposal system by which solid wastes are deposited and compacted before burial in a specially prepared area which provides for leachate collection, treatment and environmental monitoring.

LANDFILL LICENSE

That license issued by the Village Board which allows a person or entity to construct or modify a landfill.

MUNICIPALITY

The Village of Perry, Wyoming County, New York.

PERSON

As defined in Environmental Conservation Law.

SOLID WASTE

All putrescible and nonputrescible material or substances that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludge from air or water treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, construction and demolition debris, offal, and any by-products of any production or commercial process removed from the premises where produced.

VILLAGE BOARD

The Board of Trustees of the Village of Perry.

Coordination with other laws:

All relevant sections of Article 27 of the New York State Environmental Conservation Law and regulations promulgated under that article, as amended from time to time, are deemed to be included within and as part of this section, and any violation of those sections and regulations shall be considered to constitute a violation of this section.

This section shall be construed as creating duties, obligations and restrictions in addition to those created by the other articles of this chapter, and including any obligations to obtain certificates and permits under those articles.

License required.

No person shall construct or modify a landfill within the municipality without a landfill license issued by the Village Board pursuant to the provisions of this section.

The following acts are deemed to be modifications which require a landfill license or renewal:

An expansion of a facility by acquisition, purchase, lease or otherwise of additional land which was not the subject of or included in any application submitted under this section;

An increase in the total quantity of solid waste received during any quarter at the facility by 50% or more over the total quantity of solid waste received during the comparable quarter of the preceding year, except where such increase is not in excess of the approved design capacity of such facility for such time period;

A movement of the facility's operation to a portion of property already owned, leased or otherwise held by the facility which was not the subject of or included in any application submitted under this section; or

An expansion of the facility by the installation of additional processing equipment which increases the approved design capacity of the facility or which changes the facility process.

The term or period of the landfill permit issued shall be determined by the Village Board and shall be no less than one year and no more than five years. If a multiyear license is issued, the facility shall be subject to an annual review by officials appointed by the municipality as a condition of continued operation.

No landfill license issued pursuant to the provisions of this section shall be transferable to another person or entity unless the original license clearly provides for such transfer.

Content of license application.

All applications for a landfill license shall include the following:

A completed application upon a form prescribed by the Village Board;

Proof, in a form acceptable to the Village Board, that the applicant either owns the proposed site; has a valid and enforceable contract to purchase the site; owns an option to purchase the site; or is authorized by the owner of the site to make the application;

A report from the New York State Department of Environmental Conservation to the Village Board that the applicant's proposal is in conformity with all applicable standards in the New York State Environmental Conservation Law and regulations promulgated under that law;

A certification from the New York State Department of Health to the Village Board that the applicant's proposal is in conformity with all applicable standards in the New York Public Health Law and regulations promulgated under that law;

(e)

Compliance with the site plan review process in § 490-84 of this chapter;

(f)

Zoning and building permits as required by local law; and

(g)

Such other data and information which the Village Board may reasonably require to support the application.

All applications shall be accompanied by evidence of authority to sign the application on behalf of the property owner.

All applications shall be sworn to by or on behalf of the applicant in respect to all statements of fact in the application or shall bear an executed statement by or on behalf of the applicant, pursuant to New York Penal Law § 210.45, to the effect that false statements made in the application are made under penalty of perjury.

Each application shall be accompanied by a fee as set by the Village Board, which reserves the right to request additional moneys to defray expenses as provided under the New York State Environmental Quality Review Act.

License application procedure.

Any person who proposed to construct or modify a landfill in the municipality shall submit a completed application for a landfill license to the Village Board not less than 90 days in advance of the date on which it is proposed to commence such construction or modification.

The Village Board shall hold a public hearing concerning the application within 62 days of the Village Board's receipt of a completed application, or such longer period as may be agreed upon in writing by the Village Board and the applicant. Within 62 days following the close of the public hearing, or such longer period as may be agreed upon in writing by the Village Board and the applicant, the Village Board shall notify the applicant in writing of its decision to either grant or deny the license.

The Village Board's decision to grant or deny the license shall be based upon its review and determination of the following issues:

Whether the applicant's proposal is in compliance with all applicable laws and regulations;

Whether the applicant's proposal will significantly impact the environment or the health, safety, and general welfare of the citizens;

Whether the applicant has demonstrated adequate contingency plans for corrective or remedial action to be taken in the event of equipment breakdowns, ground or surface water or air contamination attributable to the facility's operation, fires, and spills or release of toxic materials;

Whether the applicant has demonstrated an adequate program for closure of the facility, to be implemented when use of the facility or a part of the facility permanently terminates; and

(e)

Whether Planning Board recommendations are favorable.

In granting or denying a license, the Village Board shall state in its written notification to the applicant the reasons for such grant or denial, as the case may be.

Standard for landfill facilities. Any landfill located within the municipality shall comply with the following standards:

The licensee must personally manage or be responsible for the management of the activity or business for which the license is granted.

The licensee must maintain an office and a sufficient number of employees on the premises to assure the proper and safe conduct of such activity or business, to minimize fire hazards and to prevent improper trespass on the premises by children and otherwise.

The licensee must erect and maintain a five-foot wire fence of close mesh or one made of wood or of other material adequate to prohibit the entrance of children and others into the area of the activity or business and to contain within such fence the solid wastes managed by the permittee, and if such area abuts a residential area or public street or highway, such fence shall be 25 feet from the edge of said public right-of-way or highway. All solid wastes managed by the licensee shall be kept within such fence at all times.

Inside and adjacent to and contiguous with such fence a strip of land at least 10 feet in width shall be kept free of all dry grass or other growth or combustible material so as to provide a fire lane or line around the whole area where the activity or business of the licensee is being conducted.

Adequate fire protection facilities shall be provided at all times on the premises.

The area shall be locked at a secure gate is a secure manner when no person is present at the place of business.

Solid waste shall not be deposited in and shall be prevented from entering surface waters or groundwaters.

(8)

Leachate from a solid waste management facility shall not be allowed to drain or discharge into surface waters or groundwaters.

(9)

Salvaging, if conducted by the facility operator, shall be controlled by the facility operator within a designated salvage area and shall not interfere with facility operation nor create hazards or nuisances. Salvaging must be approved under procedures of separate local laws.

(10)

Blowing papers and litter shall be confined to refuse holding and operating areas by fencing or other suitable means. Solid waste shall not be accepted at a facility unless it is covered or confined in the vehicle in which it is being transported.

(11)

Vectors, dust and odors shall be controlled by effective means so that they shall not constitute nuisances or hazards to health, safety or property as per industrial performance standards.

(12)

On-site roads used to transport solid wastes shall be kept passable and safe at all times and shall be maintained and kept in good repair at all times.

(13)

Safety hazards, as determined by the Village Board, shall be corrected to its specifications.

(14)

Mufflers shall be installed on all internal-combustion-powered equipment used at any landfill and on all other equipment for which mufflers are available, and sound levels for such equipment shall not exceed specifications in § 490-57(C), performance standards.

(15)

Any legally established facility may only receive or process solid waste or otherwise be operating on Monday through Saturday from the hour of 7:00 a.m. until, but not after, sunset or 7:00 p.m.

(16)

Adequate numbers, types and sizes of properly maintained equipment shall be available to the landfill during all hours of operation.

(17)

A shelter for mobile equipment shall be provided for routine maintenance and repair.

(18)

No open burning shall occur at any time. All fires shall be extinguished immediately. The facility shall at all times contain fire-extinguishing equipment sufficient to extinguish any fires which occur at the facility.

(19)

Solid waste shall be confined to an area which can be effectively maintained, operated and controlled.

(20)

The minimum horizontal distance between any licensed landfill and the feature listed below shall be as follows:

Feature	Distance (feet)
Property line	200
Residence or place of business	1,000
Potable water well or supply	1,000
Stream or other protected body of water	1,000
Drainage swale	100

(21)

The maximum height of any landfill shall be determined at time of licensing approval but in no case shall exceed 50 feet.

(22)

The maximum area of any landfill shall be 20 acres.

(23)

Hazardous wastes shall not be accepted, stored or deposited at any landfill in the municipality.

(24)

Reports on forms acceptable to and provided by the municipality shall be submitted to the Village Board on July 15 and January 15 of each year, covering the six-month period ending June 30 and December 31, respectively. The reports shall show the following data concerning vehicles entering the facility: vehicle descriptions, vehicle weights, number of trips to the facility per day and the weight and content of each load of solid waste deposited.

Bonds and insurance.

As a condition of the issuance of any landfill license, the Board may request the following bonds or insurance issued by a bonding, surety or insurance company acceptable to and in an amount set by the Village Board:

Performance bond, to ensure the proper performance of the work and siting of the facility pursuant to the details of the applicant, the dictates of this section, and any other local or state law.

Restoration bond, to ensure that all restoration work is completed pursuant to the plan submitted with the application, the dictates of this section or state law.

Penalty bond, to ensure that all penalties levied and judgments secured pursuant to this section are promptly tendered and satisfied.

Proof of adequate liability insurance, covering injuries to person and property, in the amount determined to be adequate by the Village Board at time of licensing the facility. The municipality reserves the right to require that the municipality be a named insured on any policy required under this section.

The terms and conditions of all such bonds and insurance shall be clearly set forth in detail on the license, including the amounts of such bonds and insurance.

Reissuance of license.

Any holder of a landfill license who intends to continue construction or operations beyond the period of time covered in such license must file for reissuance of such license at least 30 days prior to its expiration. Filing for reissuance shall be made by the license holder on a form prescribed by the Village Board and available from the Municipal Clerk; if no such form is prescribed, then filing shall be made on the same form as was previously filed. The provisions of this section relative to submittal and processing of initial applications shall apply to reissuance applications under this section to the extent indicated by the Village Board.

Upon review of a reissuance application, the Village Board shall determine whether the licensee has complied with all terms, conditions, and requirements of the expiring license and of this section.

If the Village Board determines in the affirmative, the license may be reissued.

If the Village Board determines in the negative or if other circumstances exist which indicate noncompliance with any provisions of this section or the original license, the Village Board shall take appropriate action to secure compliance, including but not limited to a denial of reissuance.

Modification, suspension, and revocation of license.

After notice and opportunity for a hearing, any license issued pursuant to this section may be modified, suspended or revoked, in whole or in part, during its term for cause, including but not limited to the following:

Violating any local law or any term of a license issued under this section;

Obtaining a license by misrepresentation or a failure to fully disclose all relevant facts;

Making materially false or inaccurate statements or information in an application; or

Finding that continuation of a license would significantly impact the environment or the health, safety, and general welfare of the citizens.

The Village Board may revise or modify a schedule of compliance or other terms in an issued license if it determines good cause exists for such revisions or modifications.

Inspection; records.

The Village Board and its authorized agents may inspect as often as they deem necessary each landfill licensed under the provisions of this section. For the purposes of making such inspections, the Village Board and its authorized agents shall have free access to all facilities licensed under this section.

Licensees shall maintain all records concerning the siting, construction, and operation of a facility permitted under the provisions of this section, and such records shall be open to inspection by the Village Board and its authorized agents at any time during normal working hours.

Authorized agent. The Village Board may in its discretion appoint an inspector with suitable qualifications as either a full- or part-time on-site agent for the municipality. The agent shall have authority to:

Monitor the facility and determine whether the operator is complying with this section, any license issued under this section, and the requirements of any other municipal law or ordinance.

Report to the Village Board, at such times as the Village Board requires, with respect to the operation of the facility.

Cause to be tested all materials deposited in or placed upon any facility and test any surface or groundwaters and soils within or adjacent to such facility and to conduct any other environmental tests that may be deemed necessary or advisable.

§ 490-58 Exterior furnaces or burning devices.

Findings and purpose.

Residences and commercial establishments situated within the municipality are entitled to clean air and an environmental circumstance free of unreasonable dust, obnoxious odors, noxious fumes and smells, as well as an environment free of stored debris and storage of combustible fuels in adjacent or exposed exterior areas within densely populated areas.

This section shall provide for the requirements and limitations on the installation of any exterior furnace or exterior burning device, the primary purpose of which is to convert combustible fuel into a heat or energy source for interior spaces, in any zone.

Definitions. As used in this section, the following terms shall have the meaning indicated:

EXTERIOR FURNACE

Any device, contrivance or apparatus or any part thereof which is installed, affixed or situated out of doors for the primary purpose of the combustion of fuel from which heat or energy is derived and intended to be directed therefrom by conduit or other mechanism into any interior space for the supply of heat or energy, including the heating of swimming pools.

EXTERIOR FURNACE DEVICE

Any contrivance, apparatus or part thereof, including but not limited to a boiler, fire box, exchanger, grate, fuel gun, fuel nozzle, chimney, smoke pipe, exhaust conduit and like devices, used for the burning of combustible fuels for the creation of heat or energy from an exterior location into an interior location or the heating of swimming pools.

Location; installation standards, fuel limitations.

No exterior furnace or exterior furnace device shall be situated in any exterior location for the purpose of the combustion of any fuel for the creation of heat or energy into any interior space and no such system or component part thereof shall be permitted to be operated in any district within the municipality except in Manufacturing Light Industry Districts (M-1).

Standards for the installation of any exterior furnace or exterior furnace device, in addition to any manufacturer's recommended installation requirements, shall be in accordance with the Building Code of New York State.

Installation of any electrical or plumbing apparatus or device used in connection with the operation of an exterior furnace shall be in conformity with all applicable electrical and plumbing codes and, in the absence of such code, in conformity with the manufacturer's installation specifications.

Any exterior furnace or exterior furnace device installation abutting premises in residential use shall maintain a setback greater than 250 feet distant from the residential use property line. The furnace must be located at least 250 feet from the closest property line.

Fuel substances permitted for combustion in an exterior furnace installation shall be limited to the following, in any zone: natural gas, propane, home heating oil, coal and seasoned, dry wood.

Fuel substances prohibited for combustion in an exterior furnace installation shall include the following, in any zone: industrial waste, rubber, plastic, used motor oil, toxic chemicals, chemically treated wood, contaminated waste, yard waste, household garbage, cardboard and wastepaper, animal waste and any material prohibited for combustion by federal or state statutes.

No exterior furnace shall be utilized in any manner as a waste incinerator, in any zone.

No exterior furnace shall be utilized from May 1 through September 30, in any zone.

Installation, maintenance, and use. To the fullest extent required by federal or state statutes, rules and regulations and in accordance with the manufacturer's specifications, the installation, maintenance and use of any exterior furnace or exterior furnace device, as herein defined, shall be in conformity therewith.

Exceptions. This section shall in no way be construed nor is the same intended to prohibit the installation, operation or use of exterior chimneys, stovepipes or similar contrivances that are otherwise in conformity with other federal or state laws, rules or regulations constituting any part of any interior furnace system or interior stove system or operation or any system that provides the exhaust of waste heat, smoke or similar substances from interior spaces.

Penalties for offenses.

Any person or entity illegally installing, maintaining or operating a device or apparatus regulated by this section shall, upon being found guilty of such offense, be liable for a monetary fine not to exceed $500 or the imposition of a fifteen-day sentence of incarceration, or both.