Roxbury passes law regulating C&D facilities

Business proposed for Grand Gorge spurred concerns

The Roxbury Town Board unanimously passed a local law “regulating construction and demolition debris processing facilities” after a short public hearing on April 14 to take comments on the law.
The impetus for the law came when a C&D transfer station was proposed for Grand Gorge, and area residents expressed concerns about the possible negative impacts of such a facility. Because Roxbury has no zoning or site plan review in place, Town Attorney Kevin Young drafted a law giving Roxbury’s Planning Board the power to review, and accept or reject, any C&D transfer station application.
The planning board’s decision on any application could in turn be appealed to the town board. Legally, Roxbury did not have the option of enacting an outright ban on such facilities. The new law will take effect on May 15, the date that Roxbury’s moratorium on C&D facilities will expire.
The State Dept. of Environmental Conservation also regulates C&D transfer stations, so attorney Young crafted the local law to assess concerns that may not be covered by DEC regulations, particularly such nuisance factors as odor, noise, heavy truck traffic, lighting, visual impacts and hours of operation.
Safety and operational concerns, like fire prevention, security, fuel storage and all aspects of material handling and storage also come under the review process.
The law empowers the planning board to hire, at the applicant’s expense, any engineering and legal consultants needed to help them review an application. The planning board can also require a bond up front to guarantee that there is a viable closure plan in case the facility goes out of business.
Any proposed C&D facility application must cover more than two dozen reporting requirements, everything from surveys and landscaping plans to soil logs and marketing justification. The law also requires a public hearing to be held on any application submitted.