§ 85-581. Special permit criteria.  


Latest version.
  • In addition to the criteria set forth within Article VI, § 85-67, the following special permit criteria shall be required for the uses so indicated:
    A. 
    Transfer station. In addition to such conditions and safeguards as may be imposed by other review agencies, the following minimum standards shall apply:
    (1) 
    All material shall be stored, handled, unloaded, loaded and/or transferred indoors on an impervious floor surface, including the storage of containers containing recyclable or other materials.
    (2) 
    All toxic and hazardous materials shall be prohibited.
    (3) 
    Periodic inspections by the Commissioner of the Department of Recycling and Sustainable Materials Management of the Town of Brookhaven and its designated employees shall be permitted by the applicant and/or owner.
    [Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
    (4) 
    The applicant must demonstrate that adequate on-site parking is provided so vehicles waiting to load or unload will not park on public highways.
    (5) 
    Any structure located on the site shall be a minimum distance of 750 feet from property zoned for residential use.
    (6) 
    The applicant shall submit a route plan to indicate that traffic generated by the facility will have a minimal impact on residential streets. Said plan shall state the number and frequency of trips to and from the facility.
    (7) 
    Outdoor use of the property shall be limited to the parking and maneuvering of vehicles and the storage of empty containers. All storage areas shall be suitably screened and indicated on the site plan.
    (8) 
    On-street parking of vehicles, containers or any other equipment or materials in any way connected with the facility shall be prohibited.
    (9) 
    The maximum height of the facility shall not exceed 40 feet.
    (10) 
    Any application pursuant to this section shall be a Type I action in accordance with the New York State Environmental Quality Review Act.
    (11) 
    Storage of construction or demolition debris within a transfer station shall not exceed three calendar days, including holidays, unless the Commissioner of the Department of Recycling and Sustainable Materials Management has issued an emergency extension at the request of the permittee.
    [Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
    (12) 
    The geographic sources of the construction and demolition debris as well as the manner in which it is to be disposed must be identified.
    (13) 
    The owner or operator of a transfer station shall not accept construction and demolition debris from, nor transfer construction and demolition debris to, any open truck, trailer or other container, unless said truck, trailer or container has a cover, tarpaulin or other device of a type and specification approved by the New York State Commissioner of Transportation which completely encloses the opening on said truck, trailer or container, so as to prevent water from mixing with the construction and demolition debris and to prevent the falling of any construction and demolition debris therefrom.
    (14) 
    Transfer stations shall be permitted only for the purpose of transferring and sorting construction and demolition debris from collection vehicles to other transportation units for movement to a solid waste management facility or for movement to a purchaser of recycled materials.
    (15) 
    The permittee shall file quarterly reports and an annual report with the Commissioner of the Department of Recycling and Sustainable Materials Management detailing the nature and volume of construction and demolition debris handled at the transfer station. Reports shall be submitted within 30 days after each quarter and year of operation.
    [Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
    (16) 
    The Commissioner of the Department of Recycling and Sustainable Materials Management may designate additional items commonly found in construction and demolition debris as permissible to be processed at a particular site upon written request of the applicant.
    [Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]