A.
Purpose. It is the purpose of this article to regulate the installation
of towers within the Village of Perry, to require that such towers
are located and constructed in accordance with approved plans, and
to prescribe regulations for said towers in the interest of the public
health and safety.
B.
ATTACHED TOWER
DISH ANTENNA
FREESTANDING TOWER
TOWER
TOWER HEIGHT
WECS
Definitions. As used in this article, the following terms shall have
the meaning indicated:
Includes a tower which is rigidly attached to a building
by a rigid member.
A receiver designed to accept signals from a satellite(s)
for business or personal use; such signals may be displayed in print,
video or audio mode.
Includes a self-supported or guyed tower not attached to
a building.
Includes any tower, edifice, pole or other structure, excluding
dish antennas, whether attached to a building or freestanding and
whether guyed or self-supporting, designed to be used as or the support
of devices to be used for the transmission and/or reception of radio
frequency signals, such as but not limited to broadcast, shortwave,
citizens band, FM or television signals, or wind-driven devices such
as energy converters and wind speed and/or direction indicators.
Height shall be determined as the height of the structure
including any appurtenances or components.
Wind energy conversion system.
C.
General tower regulations.
(1)
Districts. Towers are permitted in any zoning district as accessory
uses, by special permit.
(2)
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.
(3)
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.
(4)
Noise. A WECS shall not exceed a noise level of 50 decibels as measured
on the dBA scale, measured at the property line.
(5)
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.
(6)
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.
(7)
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.
D.
Dish antennas.
(1)
Dish antennas 48 inches or less in diameter or the equivalent square
inches of surface area do not require permits.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
All existing antennas are approved if in compliance with this chapter
as of the effective date of this section.
A.
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.
B.
Scope. This chapter shall be interpreted to foster:
(1)
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.
(2)
The restoration of affected lands.
(3)
The retention of the taxable value of property.
(4)
The retention of natural beauty and aesthetic values in the affected
areas.
(5)
The preservation of the quality of life for local residents.
C.
APPLICANT
APPURTENANT ACTIVITIES
BASIN
EXCAVATION
MINE
MINERAL
OPERATOR
OWNER
PERSON
RESTORATION
TOPSOIL
VILLAGE BOARD
Definitions. As used in this section, the following terms shall have
the meaning indicated:
That person making application for a permit and who is the
owner or authorized by the owner.
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.
An excavated area, including ponds, lagoons, and bunker silos,
designed to hold surface water.
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.
Any pit or underground workings from which any mineral is
produced.
Aggregate, clay, gravel, sand, shale, stone or any other
solid material of commercial value found in or on the earth.
Any owner, lessee, or other person who operates, controls
or supervises the operation.
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.
Any individual, public or private corporation, political
subdivision, government agency, partnership, association, trust, estate
or any other legal entity.
The reparation to an environmentally acceptable natural state
of an area which has undergone physical change due to excavation and
related activities.
Surface earth, including the organic layer in which most
plants have their roots.
The Board of Trustees of the Village of Perry.
D.
General provisions.
(1)
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.
(2)
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.
(3)
The retention of the taxable value of property.
(4)
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.
(5)
The applicant shall comply with all bonding, fee schedules, etc.,
as required by this section.
E.
Exceptions. The following operations and uses are hereby excepted
from the application of this section:
(1)
Excavation incident to construction of a driveway, walk, a permitted
wall or building or part thereof, or accessory thereto.
(2)
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.
(3)
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.
(4)
Construction of privately owned water and sewage lines.
(5)
Federal and state typical excavations for public safety purposes
and utility.
F.
Compliance with state law:
(1)
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.
(2)
Compliance with the abovementioned Environmental Conservation Law
shall not exempt the applicant from the provisions of this section.
G.
Permit procedures:
(1)
Application.
(a)
Upon securing a zoning permit, the applicant shall file with
the Zoning Enforcement Officer an application for an excavation permit.
(b)
In addition to compliance with site plan review procedures under
this chapter, the following additional information shall be supplied,
as appropriate:
[1]
A duly acknowledged consent in writing by the owner of the premises
and mortgagee, if any, including all addresses.
[2]
A statement as to the period of time required to complete the
total operation, including restoration.
[3]
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.
(2)
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.
(3)
Issuance of permits.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(4)
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.
H.
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:
(1)
Whether the excavations and proposed restoration plan are in accord
with the intent of the Comprehensive Plan.
(2)
Whether they will result in the creation of pits or holes which may
be hazardous or dangerous.
(3)
Whether they will cause soil erosion or the depletion of vegetation.
(4)
Whether they will render the land unproductive or unsuitable for
agricultural or developmental purposes.
(5)
Whether they will impair the aesthetic or natural environment of
the excavation area or surrounding area.
(6)
Whether they will affect the character of surrounding land use.
(7)
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.
I.
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.
J.
Performance bond.
(1)
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.
(2)
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.
(3)
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.
K.
Standards for site design and operation.
(1)
Quarrying, mining and landfill operations.
(c)
Conservation measures.
[1]
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.
[2]
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.
[3]
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.
(d)
Other safeguards.
[1]
All operations shall be conducted between the hours of 7:00
a.m. and 6:00 p.m. with no Sunday or holiday operations.
[2]
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.
[3]
Trucks shall be loaded to prevent spillage or windblown matter
during transport on public roads.
L.
Standards for restoration.
(1)
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.
(2)
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.
(3)
Topsoil shall be spread over the excavated area to a minimum depth
of five inches.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
A.
Purpose. The purpose of this chapter is to provide affordable housing
in a desirable residential atmosphere, avoiding any adverse impacts
on adjacent properties.
B.
MANUFACTURED HOME
MOBILE HOME
Definitions. As used in this article, the following terms shall have
the meaning indicated:
Those mobile homes built in compliance with the Federal Manufactured
Housing Construction and Safety Standards Act of 1974.
Includes manufactured homes.
D.
General site requirements.
E.
Design standards.
(4)
Mobile home stand. Stands shall be constructed in accordance with
the New York State Uniform Fire Prevention and Building Code.
(5)
Service buildings. All service buildings shall observe the same bulk
requirements as mobile homes.
(7)
Buffers and landscaping. [NOTE: See also § 490-64, Landscape design.]
(a)
An attractively landscaped buffer shall be provided and maintained
along perimeter boundary lines, effectively screening the park from
adjacent development.
(b)
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.
A.
Title. This section shall be known and may be cited as the "Landfill
Management Law."
B.
Findings.
(1)
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.
(2)
The Village Board further finds that landfill regulation under the
New York State Environmental Conservation Law is inadequate to fully
relieve these local concerns.
C.
Intent. The Village Board intends by this section to:
(1)
Regulate the siting, construction, and operation of landfills in
order to preserve and promote a clean, wholesome, and attractive environment
for the municipality.
(2)
Protect the municipality's citizens from the undesirable effects
of landfills, including:
(a)
Unaesthetic results, including odors, blowing litter, increased
traffic, dust, and noise;
(b)
Deterioration in property values associated with adjacent or
proximate disposal operations that may interfere with the orderly
development of properties;
(c)
Threats to public health or the environment by contamination
of air, land, surface waters, or groundwaters; and
(3)
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.
D.
Definitions.
(1)
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.
(2)
INCINERATION
LANDFILL
LANDFILL LICENSE
MUNICIPALITY
PERSON
SOLID WASTE
VILLAGE BOARD
As used in this article, the following shall have the meanings indicated:
Controlled combustion of solid wastes, including by-products
of on-site production, with or without energy recovery.
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.
That license issued by the Village Board which allows a person
or entity to construct or modify a landfill.
The Village of Perry, Wyoming County, New York.
As defined in Environmental Conservation Law.
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.
The Board of Trustees of the Village of Perry.
E.
Coordination with other laws:
(1)
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.
(2)
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.
F.
License required.
(1)
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.
(2)
The following acts are deemed to be modifications which require a
landfill license or renewal:
(a)
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;
(b)
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;
(c)
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
(d)
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.
(3)
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.
(4)
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.
G.
Content of license application.
(1)
All applications for a landfill license shall include the following:
(a)
A completed application upon a form prescribed by the Village
Board;
(b)
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;
(c)
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;
(d)
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;
(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.
(2)
All applications shall be accompanied by evidence of authority to
sign the application on behalf of the property owner.
(3)
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.
(4)
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.
H.
License application procedure.
(1)
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.
(2)
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.
(3)
The Village Board's decision to grant or deny the license shall be
based upon its review and determination of the following issues:
(a)
Whether the applicant's proposal is in compliance with all applicable
laws and regulations;
(b)
Whether the applicant's proposal will significantly impact the
environment or the health, safety, and general welfare of the citizens;
(c)
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;
(d)
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.
(4)
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.
I.
Standard for landfill facilities. Any landfill located within the
municipality shall comply with the following standards:
(1)
The licensee must personally manage or be responsible for the management
of the activity or business for which the license is granted.
(2)
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.
(3)
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.
(4)
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.
(5)
Adequate fire protection facilities shall be provided at all times
on the premises.
(6)
The area shall be locked at a secure gate is a secure manner when
no person is present at the place of business.
(7)
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.
J.
Bonds and insurance.
(1)
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:
(a)
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.
(b)
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.
(c)
Penalty bond, to ensure that all penalties levied and judgments
secured pursuant to this section are promptly tendered and satisfied.
(d)
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.
(2)
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.
K.
Reissuance of license.
(1)
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.
(2)
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.
(a)
If the Village Board determines in the affirmative, the license
may be reissued.
(b)
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.
L.
Modification, suspension, and revocation of license.
(1)
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:
(a)
Violating any local law or any term of a license issued under
this section;
(b)
Obtaining a license by misrepresentation or a failure to fully
disclose all relevant facts;
(c)
Making materially false or inaccurate statements or information
in an application; or
(d)
Finding that continuation of a license would significantly impact
the environment or the health, safety, and general welfare of the
citizens.
(2)
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.
M.
Inspection; records.
(1)
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.
(2)
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.
N.
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:
(1)
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.
(2)
Report to the Village Board, at such times as the Village Board requires,
with respect to the operation of the facility.
(3)
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.
A.
Findings and purpose.
(1)
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.
(2)
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.
B.
EXTERIOR FURNACE
EXTERIOR FURNACE DEVICE
Definitions. As used in this section, the following terms shall have
the meaning indicated:
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.
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.
C.
Location; installation standards, fuel limitations.
(1)
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).
(2)
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.
(a)
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.
(b)
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.
(3)
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.
(4)
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.
(5)
No exterior furnace shall be utilized in any manner as a waste incinerator,
in any zone.
(6)
No exterior furnace shall be utilized from May 1 through September
30, in any zone.
D.
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.
E.
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.
F.
Penalties for offenses.
(1)
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.
(2)
Any person or entity found in violation of the provisions of this
section shall, in addition to any fine or imprisonment imposed, be
liable to the municipality for any costs of any civil proceedings
that may be brought by the municipality against the offender with
respect to removal of the conditions of violation thereof, plus actual
disbursements and reasonable attorney fees incurred by the municipality
in such action.