Mayor & Board of Trustees

Chapter 125 DRAFT COPY FOR DISCUSSION PURPOSES LAST UPDATED 11/15/2019 Chapter 125. Garbage Collection and Recycling GENERAL REFERENCES Litter and Handbills— See Ch. 138. Garbage and litter in parks — See Ch. 153. § 125-1. Purpose. A. The purpose of this chapter is to maintain and promote the orderly collection of refuse and recyclables from residential and commercial entities in the most efficient and economical manner possible within the Village of Briarcliff Manor, while at the same time serving the public convenience and promoting the recycling of glass, metal, plastics, newspapers, cardboard and other designated materials. It is the policy of the Village of Briarcliff Manor that the accomplishment of these purposes may best be achieved by the Village’s regulation of refuse and recyclables collection services provided by private or public collectors, as defined below, and the establishment of procedures for such collection in favor of the public interest B. Nothing herein shall discourage any property owner in the Village of Briarcliff Manor from reducing waste and controlling the expense and effort of processing garbage and recycling by taking common- sense steps to limit waste, including, but not limited to: i. Elimination of single-use disposables and reduced use of plastics. ii. Use of reusable shopping bags whenever possible. iii. Mulching and composting of organic materials. iv. Donation or gifting outgrown children’s clothing, shoes, bicycles, toys, furniture, games. v. Opting out of junk mail and unwanted phonebooks. vi. Reading digital editions of newspapers and magazines. § 125-2. Definitions. Bulk Metal Large discarded appliances and equipment composed of, or containing, metal, including but not limited to bicycles, microwaves, refrigerators, stoves, washing machines, dryers, dishwashers, air conditioners, grills, exercise equipment, hot water tank, power tools, lawn and property maintenance equipment. Bulk Metal excludes containers utilized to store flammable or volatile chemical materials, such as fuel tanks. Container Any receptacle used on a residential or commercial property for the storage of refuse or trash to be collected by the Department of Public Works or a private collection service, as further specified by the Policy and Procedures of the Briarcliff Manor Department of Public Works. Dumpster Chapter 125 DRAFT COPY FOR DISCUSSION PURPOSES LAST UPDATED 11/15/2019 An oversized, movable waste container receptacle designed to be transported by a special collection vehicle, or designed for a collection vehicle to lift, empty, and lower on the spot, commonly used for storage of bulk refuse and/or construction and demolition waste. Electronic Waste Information technology and telecommunications equipment (personal computers, telephones, mobile phones, laptops, printers, scanners, photocopiers), consumer equipment (televisions, stereo equipment), lighting equipment (fluorescent lamps), and any other electronic scrap items, such as CRTs, that may contain contaminants such as lead, cadmium, beryllium, or brominated flame retardants and should be disposed of according to further specifications within the Department of Public Works Policies and Procedures. Hazardous Materials Waste meeting the New York State definition of household hazardous wastes, including, but not limited to, asbestos, pesticides, corrosives, pool chemicals, driveway sealers, hazardous paints and stains, polishes and waxes, adhesives, solvents, hazardous cleaning products, antifreeze, vehicle fluids, fluorescent light tubes, compact fluorescent lamps and ballasts, photography chemicals, non-rechargeable hazardous batteries (both household and automotive), products containing mercury, and propane gas cylinders (that still contain propane). Organic Waste Natural material to be disposed from a property, including leaves and grass clippings, brush, branches, logs, Christmas trees, and the like. For the purposes of this chapter, food waste, soiled or food-contaminated paper materials and compostable paper products are not considered organic waste, but are considered refuse, until such time as Village outlets for composting or otherwise processing or recycling them become available. Organic Waste may be further defined by Department of Public Works Policy and Procedures. Policy and Procedures The published, approved rules and regulations of the Department of Public Works related to the collection and processing of refuse and recyclable material for any residential, commercial, or multitenant property within the Village of Briarcliff Manor, which may change from time to time, once reviewed and approved by a resolution of the Village of Briarcliff Manor Board of Trustees. Private Collection Service A person, partnership, company or corporation, licensed by Westchester County to provide either residential and/or commercial refuse and/or recyclables collection services and permitted to provide such services in the Village pursuant to § 125-3 of this chapter. Recyclables Newsprint, paper, cardboard, empty and clean food and beverage containers made from glass, steel, or aluminum, any plastic containers marked with the triangular chasing arrows symbol and coded with a number 1 through 7, or any other materials accepted as recyclable by the Westchester County Source Separation Law, and further specified by the Department of Public Works Policy and Procedures. Refuse All non-recyclable solid wastes generated by the residential or commercial use of a property including, but not limited to, any waste products commonly referred to as garbage, rubbish and ashes, organic waste, hazardous waste, bulk metal, construction and demolition waste, electronic Chapter 125 DRAFT COPY FOR DISCUSSION PURPOSES LAST UPDATED 11/15/2019 waste, empty propane tanks, household medical waste, tires, used oil, appliances, beds, mattresses, discarded furniture, magazines, books, Some refuse may require special handling, as further described in the Department of Public Works Policies and Procedures. § 125-3. Collection to be provided. A. All property owners in the Village of Briarcliff Manor shall be responsible for the proper disposal and recycling of all refuse and recyclable materials generated on their property. B. The Village of Briarcliff Manor Department of Public Works shall offer the collection of specified refuse and recyclables from all commercial, residential and multifamily properties within the Village according to the contents of this chapter. C. The Department of Public Works shall not provide for the limited collection or recycling of organic waste from single-family residential properties only; commercial properties, or condominium and townhouse communities, or non-residential properties.. Oowners of such any other propertiesy shall be responsible for establishing a contract with a private collection service for such service. D. The Department of Public Works shall not provide for the collection or recycling of cooking oil, hazardous materials, bulk metal or electronic waste from any commercial property. Owners of commercial property shall be responsible for establishing a contract with a private collection service for such services. Collection or recycling of these materials from single-family residential properties may be subject to additional fees as determined by the Department of Public Works and approved by the Board of Trustees and which may be subject to change. E. The Department of Public Works shall publish their Policy and Procedures, subject to approval by a resolution of the Board of Trustees, and including an annual calendar of collection days, the services provided, a detailed explanation of disposable or recyclable items, and any limitations or regulations related to their collection. These rules shall be made available on the Village website and at the offices of the Department of Public Works. Such services and items may include size, weight, volume, or other limitations on the collection of: i. Organic materials including, but not limited to, yard waste, bagged leaves and grass clippings, bulk leaves, brush, logs, and Christmas trees; ii. Recyclable materials requiring special handling, including but not limited to plastic bags, motor oil, vehicle batteries, and tires; iii. Hazardous materials, including but not limited to propane tanks, fluorescent or CFL bulbs, automotive fluids, chemicals, stains, and fire extinguishers; iv. Bulk metal waste or electronic waste; v. Any other materials collected or regulated by the Department of Public Works. § 125-4. Private collectors; permit required. A. Registration/permit required. It shall be unlawful for any person, firm or corporation to engage in the business of refuse or recyclable collection services within the Village of Briarcliff Manor, without first obtaining a Village collector permit issued by the Village Clerk. The Board of Trustees, at its sole option, may designate and allow nonprofit organizations to collect and market recyclables without registering or Chapter 125 DRAFT COPY FOR DISCUSSION PURPOSES LAST UPDATED 11/15/2019 obtaining a permit, upon approval of a written request to the Board requesting such approval of collection for a specific event. B. Permit fee. The annual fee for a permit issued pursuant to this chapter shall be set by the Village Board of Trustees and published in the Master Fee Schedule. No permit shall be issued until the fee is paid and the application is in compliance with all other requirements of this section. C. Form of Application. The form of the permit application shall be determined by the Village Clerk subject to the approval of the Board of Trustees and shall contain sufficient information to evaluate the qualifications of the applicant, including, but not be limited to, (i) name of business entity, address, and contact information of all individuals providing services to the village; (ii) copy of valid and current County of Westchester hauler license; (iii) description and license plate of all vehicles to be used; (iv) any record of violations, suspension, or denial of license from any other municipality. D. Denial of Permit. The Village Clerk may deny the application, or suspend or revoke the permit, of any person who (i) has failed to furnish all of the information required by this chapter; (ii) does not have a current license from the County of Westchester to provide the services required; (iii) has submitted an application containing any material misstatement of fact; (iv) has ever been denied a permit, or had a permit revoked, by the Village or any other municipality ; or (v) has been found to be in violation of any part of this chapter, or has provided such services without a valid permit, within the previous twenty-four (24) months. E. Appeal of Denial. Any person aggrieved by denial of a license under the terms of this chapter shall have the right of appeal to the Board of Trustees. Such appeal shall be taken by filing with the Board of Trustees, within thirty (30) days after the denial of the license, a written statement setting forth fully the grounds for the appeal. The Board of Trustees shall then hold a public hearing on such appeal and render a final decision on the application. F. Term. All permits issued according to this chapter shall expire on December 31 of the year issued. No permit fees shall be pro-rated or otherwise discounted, whether due to date of issuance, suspension, or revocation; however, any fee submitted with an application that is denied shall be returned to the applicant. § 125-5. Precollection procedures. A. Separation of Recyclables. Every owner, tenant, or resident of any property in the Village of Briarcliff Manor shall separate recyclable and solid waste materials, as defined in the County of Westchester Source Separation Law, or further explained in a publication from the Department of Public Works, for collection within the Village. B. Residential containers. Residents shall use rigid containers with tightly fitting metal or plastic covers for the storage of acceptable refuse, or other suitable containers as specified by the Department of Public Works for the storage of refuse and/or recyclables.. Refuse from multifamily dwellings shall be placed in a single location, within covered dumpsters appropriate in size to contain refuse generated from the property, and subject to approval of the Department of Public Works. The cost of purchase and replacement of these containers and dumpsters is the responsibility of the property owner. C. Commercial containers. Commercial property owners and other non-residential property owners shall use rigid containers for storage of refuse of a size and type required or provided by the collector, suitable Chapter 125 DRAFT COPY FOR DISCUSSION PURPOSES LAST UPDATED 11/15/2019 to contain all refuse generated from the property. Waste containers shall have tight-fitting covers, be of watertight bottom construction and of sufficient strength to handle the waste material collected. Containers shall have devices that prevent or discourage unauthorized entry and be located so that collection does not inhibit local traffic or parking or otherwise cause a nuisance condition for the public. Compartmentalized containers shall be used to separate collected recyclable materials, or a separate container exclusively for recyclable material shall be placed adjacent to such waste containers. D. Dumpster Service Required (1) Any commercial, multi-tenant, or tax-exempt non-residential property in any zoning district which, at the sole discretion of the Superintendent of the Department of Public Works, cannot be safely and efficiently serviced by curb side pickup due to (i) its location, layout or design; or (ii) the weight or volume of materials to be collected; or (iii) the potential impact on pedestrian or vehicular traffic; or (iv) the visual disturbance to neighbors or passersby; or (v) a preference of the property owner, shall, subject to regulations published in Department of Public Works Policy and Procedures, require the owner of such property to place refuse and recyclable materials in suitable dumpsters for collection, and at specific locations on the property, both of which shall be subject to approval by the Superintendent of the Department of Public Works. (2) Any property owner or occupant subject to dumpster collection shall, as a condition of such special service, pay a quarterly fee to the Village of Briarcliff Manor for each dumpster placed for collection. The amount of such fee shall be determined by the Superintendent, subject to approval by a resolution of the Board of Trustees, and shall be paid in advance. Only dumpsters displaying proper Village identification tags or markings shall be eligible for collection service by the Department of Public Works. E. Containers to be kept clean. Property owners shall keep and maintain containers and their surrounding areas in a clean and sanitary condition; containers shall be completely closed at all times, except when actually being used for deposit of garbage, and shall be adequately secured to prevent access or spillage by dogs, raccoons or other animals. Any enclosure surrounding a container must be maintained so as not to create a hazardous or visually displeasing condition, and containers must be placed so as to provide the least visual disturbance to surrounding properties and roadways. F. Debris. Construction and demolition debris will not be picked up with residential or commercial rubbish. Building owners, tenants, or residents shall contract with a private carting company to provide a dumpster for construction debris or large amounts of rubbish resulting from construction, renovation, or major cleanup. G. Limitation on hours of placement. No refuse or recyclable materials shall be placed for curbside collection earlier than four hours before sundown on the day before the next scheduled pickup. H. Clear access. The collection of refuse or recyclable materials may be suspended for any property where the owner or tenant of such property has not maintained clear access for the collector, including removal of snow, ice, or any other impediment for the safe and proper operation of vehicles and personnel of the collector. § 125-6. Collection practices. Chapter 125 DRAFT COPY FOR DISCUSSION PURPOSES LAST UPDATED 11/15/2019 A. Residential refuse shall be collected twice a week, except within condominium or townhouse communities where collection shall be once per week. Residential recyclable collection shall occur no less frequently than twice per month. The Board of Trustees has the right to amend this schedule for any property as a condition of a site plan approval, or upon reasonable notice to any collector or resident. B. Commercial refuse and recyclables shall be collected at a frequency of at least once per week or at a frequency necessary to prevent odors or excess waste from spilling from containers, to abate any nuisance condition, or as otherwise agreed between the business and collector to accomplish these conditions. C. The frequency of collection of any property may be subject to further conditions of a Special Use Permit, Site Plan, or other deeded restrictions placed under Chapter 220. D. No regular pickup of refuse or recyclables is permitted on Saturdays, Sundays or any federal holiday, or on Monday through Friday outside the hours of 7:00 a.m. to 5:30 p.m., except when provided by the Department of Public Works and announced in advance, or while providing municipal services such as maintaining roads, leaf pickup, or facilitating the delivery of other Village or emergency services. E. For curbside collection, containers for each service unit shall be placed at a single collection point within four feet of the curb for pickup on scheduled household garbage collection days. Any other collection location shall be subject to the advanced approval of the Superintendent of the Department of Public Works. For driveway, rear yard or in-garage collection, containers shall be placed at the appropriate collection location on scheduled household garbage collection days. F. Nothing in this chapter shall be construed to prevent any owner of property within the Village residents or the owners of commercial or tax-exempt non-residential properties from contracting with a private collector for refuse or recyclable services, or self-hauling recyclables by bringing such recyclables to the Village of Briarcliff Recycling Center during posted hours of operation. Any person depositing materials delivered to the Recycling Center in any matter violating the published policies and procedures of the Department of Public Works, including, but not limited to, abandoning hazardous or non-permitted materials, comingling non-recyclable and recyclable materials, or disobeying posted hours of access, shall be in violation of Chapter 138 Littering and Handbills, and subject to any penalties therein. G. To the greatest extent possible, all collections by private collectors shall be conducted using vehicles with compaction equipment to optimize the amount of single-stream materials collected on each truck route. No residential unbagged reuse or recyclables may be collected by private collectors using loose-bin or open-top trucks, except as may be necessary due to compaction truck breakdown, an unanticipated missed pickup, or other exceptional situation. § 125-7. Waste originating outside of Village. No person shall dispose any waste, or recycle any materials, within the Village of Briarcliff Manor that has been generated outside of the Village. § 125-8. Use of public receptacles forbidden. No person shall place in a public waste receptacle maintained by the Village any waste or recyclable material that originates from a residence nor shall any owner or employee of any place of business deposit Chapter 125 DRAFT COPY FOR DISCUSSION PURPOSES LAST UPDATED 11/15/2019 into a public waste public receptacle any waste material or recyclable that originates from a place of business. § 125-9. No unauthorized use. No person shall deposit refuse or any hazardous material in a bulk refuse or recycling container within the Village of Briarcliff owned, leased, or contracted for by another person or entity without consent. The finding of refuse or any hazardous material in any such containers, which refuse or hazardous material in part contains material bearing the name or other identifying mark of a person or entity as addressee, shall create a rebuttable presumption that the person or entity to whom such material was found to be addressed deposited such refuse or hazardous material without authorization and in violation of this chapter. § 125-10. Scavenging restricted. Once refuse or recyclables have been placed at the curb for municipal collection, such refuse or recyclables shall be municipal property. It shall be unlawful for any person, firm or corporation to collect, pick up or cause to be collected or picked up any refuse or recyclable at the curb without the express written authorization of the Village of Briarcliff Manor. § 125-11. Enforcement. This chapter may be enforced by authorized employees of the Village, including, but not limited to, the Village Manager, the Building Inspector, the Superintendent of Public Works, the Briarcliff Manor Police Department and any other duly appointed Code Enforcement Officers. § 125-12. Penalties for offenses. Any person, firm, or corporation that violates any provision of this chapter or any rules or regulations established pursuant thereto, shall upon conviction be subject to a fine of $250 for the first offense, and $500 for each subsequent offense within a twelve (12) month period. Any private collector found to be in violation of this chapter or any rules or regulations established pursuant thereto, shall be fined and, upon consideration and a public hearing by the Board of Trustees, be subject to the suspension or revocation of any permit previously granted. § 125-13. Effective. This article shall take effect immediately upon filing in the office of the Secretary of State of the State of New York in the manner prescribed by law; however, no change in law that impacts any commercial or tax-exempt non-residential property within the Village of Briarcliff Manor shall be enforced prior to sixty (60) days after such filing. § 125-14. Repealer. This chapter replaces the former § 179 Solid Waste.  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA NOVEMBER 19, 2019 2. SCHEDULE A PUBLIC HEARING FOR 401 OLD BRIARCLIFF ROAD FOR A PROPOSED LAND SWAP AND TO SECURE AN EASEMENT BE IT RESOLVED that the Board of Trustees hereby schedules a Public Hearing to held on Tuesday, November 19, 2019 at 7:30pm at the William J. Vescio Community Center regarding a proposed swap of land and easements relative to property at 401 Old Briarcliff Road and adjacent rights of way.