[Added 3-12-1996 by L.L. No. 4-1996]

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

TRANSFER STATION - A solid waste management facility, including a recyclables handling and recovery facility, or a construction and demolition debris processing facility as such terms are defined in Chapter 133 of this Code, where solid waste is received for the purpose of subsequent transfer to another solid waste management facility for further processing, treating, transfer or disposal.

Notwithstanding anything contained in this Code to the contrary, transfer stations shall only be permitted in any industrial district within the geographical area described in § 213-279A, and only if a special exception permit is granted by the Zoning Board of Appeals to the operator of the transfer station pursuant to the standards set forth in this Article.

A. Transfer stations or expansion of existing permitted transfer stations shall only be permitted in the area of the town north of Edison Avenue, west of Otis Street, east of Plate Avenue (existing and as abandoned) and south of Patton Avenue, West Babylon. [Amended 7-9-1996 by L.L. No. 15- 1996]

B. The applicant shall provide proof to the Board that the landowner has consented to the operation of a transfer station.

C. The applicant, prior to applying for a special exception permit under this Article, will have applied for all required federal, state and county permits. The applicant shall have been issued all permits required by the federal, state and county governments for the processing of solid waste at the site prior to the issuance of a permit pursuant to this Article.

D. The applicant shall have obtained site plan approval by the Planning Board.

E. -The requirements of Articles XIV, XV, XVI, or XVII of this chapter shall be complied with, as applicable with exception of side and rear yard buffers where the shall be ten (10) feet. Notwithstanding the foregoing, the Board shall have the authority to grant such area variances as it shall deem appropriate, pursuant to Town Law § 274-b(3).

F. Such use is reasonable, necessary and will be in harmony with and promote the general interests and welfare of the surrounding community.

G. The neighborhood character and surrounding property values are reasonably safeguarded.

H. The proposed use will not prevent the orderly and reasonable use of adjacent property.

I. The site is particularly suitable for the location of such use in the community.

J. The access facilities are adequate for the estimated traffic from public streets so as to ensure the public safety and to avoid traffic congestion.

K. There is room for creation of off-street parking and truck-loading spaces at least in the number required by the applicable provisions of this chapter, but in any case, adequate for the actual anticipated number of occupants of the proposed use, whether employees, patrons or visitors and, further, that the layout of the spaces and related facilities can be made convenient and conducive to safe operation.

L. The proposed use will not pose risks to the public health or safety.

M. The characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, senior citizens' residence, recreational area or other place of public assembly.

N. Adequate buffer yards and screening can be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use.

O. Adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate.

P. The natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or destruction of important natural features, systems or processes and without significant negative impact to groundwater and surface water on and off the site.

Q. The lot area is sufficient, appropriate and adequate for the use, as well as reasonably anticipated operation expansion thereof.

R. The proposed use can and will comply with all provisions of this chapter and of the Code which are applicable to it and can meet every other applicable federal, state, county and local law, ordinance, rule or regulation.

S. The proposed use will not result in unacceptable levels of noise, vibration, smoke, dust, odor, fumes or noxious gases nor negatively impact upon air quality.

T. The applicant must provide noise level specifications to the Department of Environmental Control for any machinery to be utilized on the site. In the event that a substantial increase in existing noise levels may occur as a result of the proposal, a noise study may be requested by the Department of Environmental Control. The application will not be considered complete until such report is provided.

U. A Town of Babylon Environmental Quality Review Act (TOBEQRA) Full Environmental Assessment Form will be provided with each application.

V. The applicant shall provide a description of all material to be transferred, stored and processed on the site.

A.public hearing shall be held before the Zoning Board of Appeals pursuant to § 213-15 of this chapter prior to the granting of a special exception permit pursuant to this Article.

A. The permittee shall at all times be in compliance with all federal, state, county and town laws, ordinances, rules and regulations, storage, processing and disposal of solid waste.

B. The Board may limit the term of the permit as it shall determine in its sole discretion.

C. The Board may limit hours of operation upon a finding that such a limit is necessary to the standards set forth in this Article.

D. The Board may require that the applicant post a bond with sufficient surety upon a finding that such a bond is necessary to protect the value of the property, character of the neighborhood and the public health and safety.

E. The Board may impose such other reasonable conditions and restrictions as it shall deem appropriate.

F. Processing of solid waste shall only occur in enclosed structures as approved by the Town of Babylon. Outdoor storage of solid waste and/or processing of solid waste is prohibited. Process residue may be stored in secured containers for which the size and location has been approved by the Town of Babylon. All containers to be covered at all times.

A. The applicant shall pay the application fee which will be set by Town Board resolution from time to time.

B. If the Commissioner of the Department of Environmental Control determines that a noise study is necessary as a condition of granting a special exception permit pursuant to this Article, the applicant shall pay to the Commissioner of the Department of Environmental Control a noise study fee as shall be established by the Town Board from time to time.