QUESTION:
A New York City Property Manager asks: Just wondering if installing Brownstonebins on a sidewalk will result in a violation?

ANSWER:
The short answer is that bins can be placed within 3 feet of the building line to be compliant and NOT receive a violation. Otherwise, placement on the sidewalk generally requires DOT Revocable Consent (essentially permission). Without such permission, a violation is possible. Here’s a blog post with more on this topic. BrownstoneBin’s Compliance Team can help you secure Revocable Consent and permission to place BrownstoneBin on the sidewalk. Contact us for more information.

CITYWIDE DIRECTOR OF RODENT MIGRATION
The BrownstoneBin Compliance team has been in touch with Kathleen Corradi, NYC’s Rat Czar on this topic. Here’s her response:

1. Per the the New Rule regarding restaurant trash containerization language, establishments can place bins with tight fitting lids within 3 feet of the building line.
2. Clean Curbs is absolutely an option for businesses. All containers are subject to DSNY/DOT approval. It’s recommended to have the approval of your community board and adjacent properties, though not required. The siting guidelines, approval process, and application can be found here. Please note that the cost of purchasing, installing, maintaining, and removing the container falls on the business.
3. DOT is responsible for regulating any permanent structures on the sidewalk/street. Enclosures to contain bins are not required as part of this rule, and establishments can be in full compliance without a DOT approval process by simply purchasing commercially-available bins and following the 3-foot rule (or, where possible, storing bins indoors).
4. For businesses that want an enclosure – Trash enclosures on the sidewalk generally require a DOT revocable consent, unless they are entirely behind the property line. In most commercial cases the property line and building line are the same; there are very few cases where the trash enclosures would not require revocable consent.
   1. Per the rule language, establishments can place bins with tight fitting lids within 3 feet of the building line. If that’s not an option, there’s no way to waive or speed up the RC application process; the timeline is set by Charter and the Rules.
   2. See above. If use of the 3’ next to the building is not an option, or if they want to use more than 3’ of pace, then a Revocable Consent is required.
   3. Only DOT governs placement of garbage enclosures on sidewalks/streets.

For help with Compliance contact us: 718.499.6030