Public Hearing: Town of Southold - A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe; Property Maintenance, in connection with Dumpsters

Event Date: 
Tue, 01/17/2017 - 7:31pm - 8:00pm

LEGAL NOTICE

NOTICE OF PUBLIC HEARING

 

NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th  day of December, 2016, a Local Law entitled “A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe; Property Maintenance, in connection with Dumpsters.” and

 

NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 17th  day of January, 2017 at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard.

 

The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 100 Buildings, Unsafe; Property Maintenance, in connection with Dumpsters” reads as follows:

 

LOCAL LAW NO.      2017

 

A Local Law entitled, “A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe; Property Maintenance, in connection with Dumpsters”.

 

BE IT ENACTED by the Town Board of the Town of Southold as follows:

 

§ 100-3. Definitions.

 

DUMPSTER - A litter storage and collection container of one cubic yard or greater in capacity,

which is mechanically emptied or removed.

 

§ 100-4 Standards.

A. Property maintenance.

(1) Surface and subsurface water shall be adequately drained to protect buildings and

structures, to prevent damage to adjacent property and to prevent the development

of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures

erected for recreational use shall be maintained so as to avoid the stagnation of the

water therein.

(2) Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds

and trees do not become overgrown and unsightly so as to constitute an unsafe

condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees

create an impediment to emergency and/or fire rescue vehicle access.

(3) Garbage, crates, rubbish, refuse or debris shall be kept inside a building or

buildings on the premises, or in an acceptable enclosed container, and shall be

regularly collected and removed from the premises.

(4) Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent

access by the public.

(5) Junked or unregistered vehicles may not be located or stored in open view but

shall be stored in a suitable location inside a building or behind a fence outside of

public view.

(6) Exterior facades shall at all times be kept free of graffiti or other defacement.

 

B. Dumpsters

(1) No dumpster shall be permitted in the front yard or side yard of a property used

for a residential use for more than thirty (30) days, unless the property benefits

from an open _ and valid building permit. If the property benefits from an open

and valid building permit, said dumpster may remain in the front yard or side yard

until either the building permit expires, or a certificate of occupancy and/or

compliance is issued for the work described in the permit, whichever occurs first.

Thereafter, the dumpster must be removed.

(2)  _ Dumpsters shall be permitted in the rear yard of properties engaged in a

residential use, provided they meet the following criteria:

a) The dumpsters shall comply with all setbacks for accessory structures for

the zoning district in which the property is located.

b) All dumpsters shall be fully enclosed by a stockade fence, or other similar

enclosure of not more than six feet in height.

c) A dumpster in a residential district shall have a cover which shall cover

the dumpster when it is not in active use.

(3) Dumpsters shall be promptly removed or emptied when they are full.

(4)  _ It shall be unlawful for any person to store, deposit, place, maintain or cause or

permit to be stored, deposited, placed or maintained any dumpster upon any

portion of any street, lane, sidewalk, roadway or highway located within the

corporate limits of the Town.

(5)  Exceptions.

a) Properties used for bonafide agricultural production shall not be subject to

this provision.

b) Condominium complexes, apartment complexes and other residential uses

subject to site plan approval shall not be subject to the provisions of this

section.

 

III. SEVERABILITY

If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

 

IV. EFFECTIVE DATE

This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.

 

Dated:  December 20, 2016

BY ORDER OF THE TOWN BOARD

OF THE TOWN OF SOUTHOLD

Elizabeth A. Neville

Southold Town Clerk