Loading...
LL 05 Composting Local haw Fil ing NEV YOWSTATE DEPARIM U°F STATE 41 STATE SIRW ALBANY,NY IMI (Use this form to file a local law with the Secretary of State-) Teat of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. On Local Law No. of the year -'- A local law . - X- MP_RSTI NZ--_—______ pr.�rw • i 3 Be it enacted-by the ----------� F,E Al"I I R X •-40AR-8------- of the )Musty ---------- as as follows: Town Section 1. Purpose and Authority. The Town Board wishes to promote composting and educate Town residents on effective composting practices. The Town Board further wishes to ensure that'composting is undertaken in a manner that is consistent with the general welfare-of the community. Therefore, the Queensbury Town Code is hereby amended by adding a new Chapter 97 entitled "Composting." This Local Law is adopted in accordance with New York State Municipal Home Rule.Law §10 and Town Law §130. Section 2. Sponsorship of Composting Program. The Town Board is authorized and empowered to sponsor programs designed to encourage composting activities within the Town and to educate the public on composting practices. Such programs may include the purchase of composting supplies to be provided to the public at the Town's purchase cost. . (if additional space is needed,attach pages the same she as this sheet,and nambereack) Section 3. Addition to Code. A new Chapter 97 is added to the Town Code as follows: §97-1.Title. This Chapter shall be entitled, "Composting." §97-2. Statutory authority. The authority for this chapter is New York State Municipal Home Rule Law §10 and New York State Town Law §130. § 97-3. Purpose. Municipalities are encouraged under State Law to reduce municipal waste and encourage and promote recycling and residential composting is an effective means of reducing solid waste and producing soil enriching products. Composting has a beneficial impact on the environment by reducing solid waste and improving soils conditions and for these reasons, the Town of Queensbury wishes to promote composting and educating Town residents on effective composting and practices. Improper composting can attract vermin, create offensive smells, create unsightly conditions and otherwise have a negative impact on the health and wellbeing of the community and as such, the Town wishes to ensure that proper composting practices are followed. § 974. Definitions. As used in this Chapter, the following terms shall have the meanings indicated: COMPOSTING — Composting is decomposition of solid, organic material to produce a stable, humus-like material. COMPOST — A mixture of primarily vegetative matter including but not limited to fallen leaves, woodchips, pine needles, sawdust, grain, coffee grounds, egg shells, lawn clippings, vegetable matter and/or fruit matter maintained in a sanitary manner. (2) RESIDENTIAL COMPOSTING — Collection of compost materials, solely from the residential property where generated, and maintained on site for non-commercial purposes. The term Residential Composting shall include only single family and two-family residential dwellings. § 97-5. Composting Requirements. Residential composting is allowed and encouraged on all single family and two-family residential properties in all zones in the Town of Queensbury subject to the following conditions: A. Composting is limited to materials generated on the premises. B. Composting may not include meat, fish, dairy products, treated wood or dog or cat feces. C. Compost must be maintained in a sanitary manner which does not create unreasonable odors or attract vermin. D. Compost may be maintained in a maximum of two compost bins, each up to 9.5 cubic feet or 71 gallons maximum. Compost containers acquired from or through the Town as part of a Town-sponsored program will be deemed compliant with this Chapter. E. Compost that is not maintained in bins may cover an area no greater than: (1) 100 square feet and a volume of no greater than 250 cubic feet for lots less than or equal to one acre; or (2) 200 square feet and a volume not greater than 500 cubic feet for lots greater than one acre and less than or equal to five acres; or (3) lots greater than five acres shall be exempt from this size requirement. F. Compost that is not maintained in compost bins must be stored in the rear of a residential premises. For corner properties, the architectural front of the property will be considered the front. G. All Composting bins or areas must be located at least 6 feet from all property lines. H. Allowed agricultural uses shall be exempt from this Chapter. See Chapter 179-5-030 for additional requirements. § 97-6. Enforcement. The Director of Building and Codes Enforcement, or any Deputy Code Enforcement Officer, is authorized to investigate complaints of violations of this Chapter. § 97-7. Penalties for offenses. (3) A. Any person, firm or corporation who shall violate any of the provisions of this article, or fail to comply therewith, or with any of the provisions thereof, or any landowner who shall allow such violation, shall be guilty of a violation punishable by a fine of not more than $950 for the first offense; and by a fine of not more than $950 or by imprisonment for not more than one year for a second offense. The imposition of such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction. Each day that the violation is carried on or continues shall constitute a separate violation. B. A civil action or proceeding in the name of the Town of Queensbury, New York, may be commenced in any court of competent jurisdiction to restrain by injunction the violation of this article. Such remedy shall be in addition to penalties otherwise prescribed by law and may be commenced by the Director of Building and Code Enforcement, and/or his/her authorized assistants or deputies with the consent of a majority of the Town Board. Section 4. Repealer All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. Section 5. Severability If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. Section 6. Effective Date This Local Law shall take effect upon filing in the office of the New York Secretary of State as provided in §27 of the Municipal Home Rule Law. (4) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) . (Final adoption by local legislative body only.) hereby certify that the local law annexed hereto,designated as local law No. ___5-_---_____----------------__ of 20-2 8_ )f the(CD"yXgi1yXTownXY44W of------Qi_Pd-SrB R-Y'----------------------------------- was duly passed by the -----------T-Q W ;4 -A-R-P-------------- on-S—J--9-------- 200.9,in accordance with the applicable provisions of law. W—C o/LegPs[ed-soar) :. (Passage by local legislative body with approval,no disapproval or repassage ate disapproval by the Elective Chief Executive Offlc r#.) [hereby certify that the local law annexed hereto,designated as local law No. of 20---- A the(CountyXCityX1bwn)(VMage)of duly passed by the .------------------------------------------- on------------------ 20--=,and was(approvedXnot approved)(repassed after. Maw o/LegFsTa W Body) isapproval)by the---------------------_-------_------------------ and was deemed duly adopted on c�el�e�t off•) --------•----- --- 20--, in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto,designated as local law No.----__-_----—_------ of 20---Athe(CountyXCity)(Zwn)(Village)of------------------------- was duly passed by the ----------------------------- on ------- ---- 20--_-,and was(approved)(not approvegrepassed after Nave Of Lezwaa t Body) 3sapproval)by the----------------------------------------------- on------------------- 20----. Such local law was submitted lawfh t chwEwcudsv off►►) �o the people by reason of a(mandatory)(permissive)referendum,and received the affirmative vote of a majority of the qualified electors voting thereon at the(generalXspecialXannual).eledion held on--------------__-- 20L__- ,in accordance with the applicable provisions of law. t. (Subject to permissive referendum and final adoption because no valid petition was flied requesting referendum.) [hereby certify that the local law annexed hereto,designated as local law No._------------_---__-_____ of 20---.- A the(ConntyXCity)(1bwn)(%5ll28e)of--------- —------_ was duly passed by the •-------------------------------------------------• on------------------ 20--.,and was(approved)(not approved)(repassed after Naive o/LegFsw t Body) disapproval)by the----------------_-----_----�-- �_-�-_,4n____-------------- 20-- . Such local law was subject to (L'kckve eWF ararc 0 fficero t permissive referendum and no valid petition requesting such"referendumwas filed as of-------________ 20.___ ,in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive otlicer of a county elected on a county- wide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No.-------------------------_----- of 20------ of the City of---------------------------------------------having been submitted to referendum pursuant to the provisions of section(36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election-held on-------------------20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No. of 20_--_•- of the County of-------------------------------------------•------- State of TIew York,having been submitted to the electors at the General Election of November 20____,pursuant to subdivisions 5 and 7 of section 33 of the = Municipal Home Rule Law,and having received the affirmative vote of a majority,of the qualified eledois of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a umt z voting at said general election,became operative. ;If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a corned transcript therefrom and of the whole of such on ' 1 local law,and was finally in the manner in- dicated in paragraph—___}-------above. Clot or 9.66MV kg Win body,Ck,Tmv or verge oroffl=desipaiod by loci k&hfm body (Seal) Date: (Certification to be executed by County Attorney,Corporation Counsel,lbwn Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK ODUNIY OF -- L the undersigned,hereby certify that the foregoing local law contains the correct text and xhat all proper proceedings have been hard or taken for the enactment of the local law annexed hereto. sis,ri.re CATHI L. RADNER TOWN COUNS a r Tile 4e 6 • N� X VWXY X Town of nrtFFNOBTTRY V" Date: May 2008 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA DAVID A. PATERSON 99 WASHINGTON AVENUE LORRAINE A. CORTtS-VAzQUEZ GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE June 10, 2008 Town Clerk 742 Bay Road Queensbury NY 12804 RE: Town of Queensbury, Local Law No. 5, 2008, filed on June 2, 2008 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website: www.dos.state.ny.us/corp/misc.htmI . Effective 1/22/08, the Department of State, State Records and Law Bureau's new address is: NYS Department of State, State Records and Law Bureau, Suite 600, 99 Washington Avenue (1 Commerce Plaza), Albany, NY 12231. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 w4vw.DOS.STATE.NY.US E-ML:INFOCDOS.STATE.NYMS M r Composting—New Chapter—May 2008 LOCAL LAW NO.: 5 OF 2008 A LOCAL LAW TO AUTHORIZE COMPOST EDUCATION PROGRAMS AND TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER NO. 97 ENTITLED, "COMPOSTING" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS. Section 1. Purpose and Authority. The Town Board wishes to promote composting and educate Town residents on effective composting practices. The Town Board further wishes to ensure that composting is undertaken in a manner that is consistent with the general welfare of the community. Therefore, the Queensbury Town Code is hereby amended by adding a new Chapter 97 entitled "Composting." This Local Law is adopted in accordance with New York State Municipal Home Rule Law §10 and Town Law §130. Section 2. Sponsorship of Composting Program. The Town Board is authorized and empowered to sponsor programs designed to encourage composting activities within the Town and to educate the public on composting practices. Such programs may include the purchase of composting supplies to be provided to the public at the Town's purchase cost. Section 3. Addition to Code. A new Chapter 97 is added to the Town Code as follows: § 97-1.Title. This Chapter shall be entitled, "Composting." § 97-2. Statutory authority. The authority for this chapter is New York State Municipal Home Rule Law §10 and New York State Town Law §130. §97-3.Purpose. Municipalities are encouraged under State Law to reduce municipal waste and encourage and promote recycling and residential composting is an effective means of reducing solid waste and producing soil enriching products. Composting has a beneficial impact on the environment by reducing solid waste and improving soils conditions and for these reasons, the Town of Queensbury wishes to promote composting and educating Town residents on effective composting and practices. Improper composting can attract vermin, create offensive smells, create unsightly conditions and otherwise have a negative impact on the health and wellbeing of the community and as such, the Town wishes to ensure that proper composting practices are followed. § 974.Definitions. As used in this Chapter, the following terms shall have the meanings indicated: COMPOSTING — Composting is decomposition of solid, organic material to produce a stable, humus-like material. (2) t COMPOST — A mixture of primarily vegetative matter including but not limited to fallen leaves, woodchips, pine needles, sawdust, grain, coffee grounds, egg shells, lawn clippings, vegetable matter and/or fruit matter maintained in a sanitary manner. RESIDENTIAL COMPOSTING — Collection of compost materials, solely from the residential property where generated, and maintained on site for non-commercial purposes. The term Residential Composting shall include only single family and two-family residential dwellings. §97-5. Composting Requirements. Residential composting is allowed and encouraged on all single family and two-family residential properties in all zones in the Town of Queensbury subject to the following conditions: A. Composting is limited to materials generated on the premises. B. Composting may not include meat, fish, dairy products, treated wood or dog or cat feces. C. Compost must be maintained in a sanitary manner which does not create unreasonable odors or attract vermin. D. Compost may be maintained in a maximum of two compost bins, each up to 9.5 cubic feet or 71 gallons maximum. Compost containers acquired from or through the Town as part of a Town-sponsored program will be deemed compliant with this Chapter. E. Compost that is not maintained in bins may cover an area no greater than: (1) 100 square feet and a volume of no greater than 250 cubic feet for lots less than or equal to one acre, or (2) 200 square feet and a volume not greater than 500 cubic feet for lots greater than one acre and less than or equal to five acres, or (3) lots greater than five acres shall be exempt from this size requirement. (3) F. Compost that is not maintained in compost bins must be stored in the rear of a residential premises. For corner properties, the architectural front of the property will be considered the front. G. All Composting bins or areas must be located at least 6 feet from all property lines. H. Allowed agricultural uses shall be exempt from this Chapter. See Chapter 179-5-030 for additional requirements. § 97-6. Enforcement. The Director of Building and Codes Enforcement, or any Deputy Code Enforcement Officer, is authorized to investigate complaints of violations of this Chapter. §97-7. Penalties for offenses. A. Any person, firm or corporation who shall violate any of the provisions of this article, or fail to comply therewith, or with any of the provisions thereof, or any landowner who shall allow such violation, shall be guilty of a violation punishable by a fine of not more than $950 for the first offense; and by a fine of not more than $950 or by imprisonment for not more than one year for a second offense. The imposition of such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction. Each day that the violation is carried on or continues shall constitute a separate violation. B. A civil action or proceeding in the name of the Town of Queensbury, New York, may be commenced in any court of competent jurisdiction to restrain by injunction the violation of this article. Such remedy shall be in addition to penalties otherwise prescribed by law and may be commenced by the Director of Building and Code Enforcement, and/or his/her authorized assistants or deputies with the consent of a majority of the Town Board. (4) Section 4. Repealer All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. Section 5. Severability If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. Section 6. Effective Date This Local Law shall take effect upon filing in the office of the New York Secretary of State as provided in §27 of the Municipal Home Rule Law. (5) Postal CERTIFIED • (Domestic Ln M Postage $ Ir Certified Fee ru Postmark O Return Receipt Fee Here M (Endorsement Required) M Restricted Delivery Fee C3 (Endorsement Required) ru M Total Postage&Fees m r- Sent, p Street,APt.Na.; S r or PO Box No. �j---b__tcnk�' --- ............ State,ZfP+4 SENDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 13 Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach#11s card to the back of the maiipiece, or on the front if space permits. D. Is delivery address different from item 17 13 Yes 1. Article A ressed to: If YES,enter delivery address below: 13 No LA `1 t t a 3. Service Type i 3 Certified Mail ❑Express Mail Registered ❑Return Receipt for Merchandise 0 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(rransfer from service labeq 7 0 0 7 3020 0002 9 311 5 3 41 _ �R11,February 2004 Domestic Return Receipt 10259S-02-M-1540 GENERAL 72 Hinchey Road rene Rochester, NY 14624 p:800/836-8834 fax:585/328-8189 email:sales@generalcode.com 06/02/2008 9246 388 Ms. Darleen M. Dougher: The following material has been received and will be processed for inclusion,sn your Code as supplemental pages (where applicable): Local Law No. 5-2008. Town of Queensbury C/O Clerk's Office 742 Bay Road Queensbury, NY 12804 .� III fill liitllfifill)fill lit lilt ifilllll I I Ifililii lit lllllflid