Notice of Public Hearing: Zoning – Drop-off Bins

TOWN OF RIVERHEAD
NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town at Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 5th day of August, 2014 at 2:15 o’clock p.m. to consider the addition of a new Chapter 98A entitled “Drop-Off Bins” of the Riverhead Town Code.

CHAPTER 98A
Zoning
Drop-Off Bins

§ 98A-1. Legislative intent.

In protecting the health, safety and welfare of persons in the Town of Riverhead, the Town Board, by the enactment of this chapter and its subsequent amendments, provides for the proper permitting, maintenance and storage with regard to drop-off bins stored within the areas set aside in shopping centers and other retail, service, office and public assembly spaces within the Town and to further ensure that all drop-off bins do not become a potential problem with regard to visual blight , traffic or pedestrian safety. By enforcing this chapter, the Town will upgrade the appearance of such spaces and enhance the quality of our suburban life, as well as protect our environment.

§ 98A-2. Definitions.

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

APPLICANT – Any person, business entity or corporation that applies to the town for an approval to store or place a drop-off bin upon a premise pursuant to the provisions of this chapter.

CODE – Code of the Town of Riverhead.

DROP-OFF BINS – Freestanding receptacles, sometimes referred to as “drop-off boxes,” “collection containers,” “bins,” “depositories,” “clothing bin”, etc., which are generally metal in composition, with a depository drawer or chute, placed on any property or premise for the purpose of receiving clothing, shoes, household items and the like from the public for donation, not-for-profit, charitable or other purposes.

LANDSCAPED AREAS – Any area on or about the premises described herein, including parking lot islands, which is used for the placement of landscaping, such as shrubbery, trees, grass and flowers.

OWNER – Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON – An individual, partnership, association, firm, company, corporation, organization or other entity.

PERMITEE – Any person who has received a drop-off bin permit.

PREMISES – A lot, plot or parcel of land, easement or public way, including any structures thereon.

PROPERTY – see “premise”.

PUBLIC WAY – Any area of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

QUALIFIED APPLICANT – Any exempt entity as qualified under IRS Code $ 501(C)(3).

REGISTRANT – Any person, business entity or corporation that applies  to the town and has obtained an approval to store or place a drop-off bin upon a premise pursuant to the provisions of this chapter.

TOWN – Town of Riverhead.

§ 98A-3. Permit required.

§ 98-A-4. Requirements for Drop-Off Bins.

1. The responsibility for compliance with this chapter is with the owner, registrant or managing agent, as well as any person which places or stores a drop-off bin within the Town.

2. Only charitable organizations which are recognized pursuant to IRS /Code § 501(c)(3) shall be permitted to apply for and obtain a drop-off bin permit.

3. Drop-off bins as defined in § 98A-2 above are only permitted in the Destination Retail (DRC), and Business Center (BC) Zoning Districts within the Town.  Notwithstanding the foregoing, drop-off bins shall be allowed on any premises containing a church, temple, house of worship or other religious institution, regardless of the zoning district in which it is located.

4. There shall be a limit of no more than two (2) drop-off bins on any tax map lot.

5. No drop-off bin shall cover a ground surface area greater than five (5) feet by five (5) feet nor be higher than six (6) feet in height.

6. Drop-off bins shall be located such that each been shall be located at least fifty (50) feet off the front property line and at least twenty-five (25)  feet off any side yard property line.

7. Each drop-off bin shall contain the name, principal address and telephone number of the owner of the drop-off bin.  The lettering shall be at least two inches high.

8. It shall be unlawful for any person, owner, registrant or managing agent as defined in this chapter to cause or allow the stockpiling of any donated items, goods or wares outside of any drop-off bin located within the Town.

9. It shall be unlawful for any person, owner, registrant or managing agent as defined in this chapter to cause or allow storage and or placement of any drop-off bin within any landscaped area, public way, or in parking spaces..
   

10. It shall be unlawful for any person, owner, registrant or managing agent as defined in this chapter to cause or allow storage and or placement of drop-off bins that interfere with any approved site plan pursuant to chapter 108 of this code with specific regard to traffic flow or parking areas.

(11) In the event that the ownership of a drop-off bin for which a drop off bin permit is issued is transferred, the new owner shall register the drop-off bin within 30 days of the closing of title pursuant to the requirements set forth in this chapter. Any drop-off bin permit issued under this chapter is not transferable upon owners. If the drop-off bin is not registered as required by this chapter there will be a presumption that said premise is being utilized without a valid drop-off bin permit in violation of this chapter.

§ 98A-5. Application for a drop-off bin, Permit fees.

1. An application for placement or storage of a drop-off bin shall be made in writing to the Building Department on a form provided therefor and approved by the Town Building and Planning Administrator. The application shall include the following:
   1. (1) The street address and Tax Map designation (section, block and lot or lots) of the premises intended for the placement or storage of a drop-off bin.
   2. (2) A copy of the most recent deed and real property tax bill, confirming the ownership of record of the premise for which a drop-off bin permit is being sought.
   3. (3) The name and permanent address and telephone number of the applicant.
      1. ach application for a drop-off bin permit shall be accompanied by an affidavit, signed by each owner of the premise sworn to under oath which authorizes the applicant or registrant to store a drop-off bin upon his or her premise. Said form shall also contain the owner’s name, permanent address, and telephone number.

(5)An approved site plan depicting the location of the drop-off bin, or if there is no approved site plan depicting the drop-off bin, the applicant shall submit a survey depicting the proposed location of the drop-off bin. For the purposes of this section, any site plan review may be waived, provided the drop-off bin meets all requirements set forth in this chapter

1. (6) Each application shall be executed by and sworn to under oath by the owner of the premise for which the drop-off bin is proposed to be placed.

(7) In addition, the applicant shall also submit a copy of the IRS Code section 501(C)(3) exemption.

B. Issuance.

(1) In order to approve the issuance of drop-off bin permit the Town Building and Planning Administrator must determine that the proposed location of the drop-off bin complies with all the provisions of this chapter and that the proposed location does not interfere with the flow of pedestrian and/or vehicular traffic on the subject premises.

(a) The drop-off bin permit number.

(b) The name(s) and telephone number(s) of the registrant.

C. Posting. A drop-off bin permit (sticker) issued by the Building Department shall be affixed prior to placement or storage to each and every drop-off bin used by the permit holder or registrant for the collection and storage of new or used goods or wares.

(1) The permit sticker shall be at all times legible and placed on the same side of the drop-off bin as the chute used for the deposit of the goods or wares.

(2) In addition to the foregoing subsections (1) above, all provisions of New York State General Business Law § 399-bbb relating to the required posting and marking of information relating to the identification and provenance of the drop-off bin must be complied with.

§ 98A-6. Fees, term and renewal.

2. B. Term. The term of the drop-off bin permit shall be for a term of one calendar year.
3. C. Renewal. Application for the renewal of a drop-off bin permit shall be filed no later than 30 days prior to its expiration. The application shall be verified and shall set forth the information listed in § 98A-5 of this chapter. Forms for the renewal application shall be supplied by the Building Department and shall be requested by the applicant or owner within 30 days of expiration of his or her permit.

§ 98A-6. Compliance.

All Drop-off bins in use before the effective date of this chapter shall be in compliance with said specifications set forth within six months of the effective date of this chapter.

§ 98A-7. Penalties for offenses; continuing offenses.

1. A. Any person, owner, occupant or registrant as defined in this chapter which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable:
   1. (1) By a fine of not less than $500 and not exceeding $2,500 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.
   2. (2) By a fine of not less than $2,500 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of two offenses, both of which were committed within a period of five years.
   3. (3) By a fine of not less than $5,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the third or subsequent offenses of a series of offenses, all of which were committed within a period of five years.
   4. B. Each week’s continued violation shall constitute a separate additional violation.C. Impounding of illegal drop-off bin.

1. Any drop-off bin which is illegally present on any property within the Town of Riverhead is subject to being impounded by the Town of Riverhead without notice to the owner of the drop-off bin or property owner.

2. Any drop-off bin which is impounded is subject to a fee of $250.00 for transportation of said drop-off bin and a fee of $250.00 per day for storage for each day of impounding.

3. Ten days after notification to the proper owner that the drop-off bin has been impounded said drop-off bin in shall be forfeited to the Town of Riverhead and used sold or destroyed at the sole discretion of the Town of Riverhead.

• Underscore represents addition(s)

Dated:  Riverhead, New York

           July 15, 2014

BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD

DIANE M. WILHELM, TOWN CLERK