Article 46: To see if the Town will vote to amend Part 2 General Legislation of the Northborough Town Code to add a new Chapter 2-19 as set forth in the underlined text below, or take any action relative thereto.
Chapter 2-19 Donation Collection Bins
2-19-010 Purpose.
This bylaw is enacted to promote the public safety, health and welfare of the residents of the Town of Northborough, to address the proliferation of donation collection bins in the Town of Northborough and to regulate the location, method of maintenance, frequency of disposal, and registration of "Donation Collection Bins" (hereinafter “Bins”).
2-19-020 Definitions.
For the purposes of this chapter, the words and phrases used herein shall have the following meanings, except in those instances where the context clearly indicates a different meaning:
DONATION COLLECTION BIN
A closed receptacle or container designed or intended for the donation, collection and temporary storage of clothing, shoes, textiles, books or other goods or materials, which is accessible to and allows the public to deposit but not remove said items without assistance.
INDIVIDUAL
Any person or persons, including any person registered with the Town of Northborough as doing business under another name, who is not a legal entity recognized by the Commonwealth of Massachusetts and/or is not registered with the Secretary of the Commonwealth, Department of Corporations.
OPERATOR
Any person or legal entity, including but not limited to, not for profit or for-profit corporations, partnerships, and joint ventures, that owns, operates or is otherwise in control of a donation collection bin.
PERSON OF LAWFUL POSSESSION OF PROPERTY
Party that has express or implied authority through employment, by contract or apparent authority to act for the Property Owner so as to bring the owner into contractual relationships with other parties.
PROPERTY OWNER
The person or entity having legal title to real property and/or the person shown as the owner on the current assessment rolls of the Town and/or recorded at the Worcester District Registry of Deeds.
2-19-030 Permits, standards and prohibitions.
A. It shall be unlawful for any person, firm or corporation to place, maintain or operate a Donation Collection Bin within the Town of Northborough without first obtaining an annual permit from the Building Inspector. Each operator who seeks to place a bin in the Town shall prepare and submit an on-line application on a form provided by the Building Department and in conformance with Section 2-19-040. A permit for a Donation Collection Bin may be granted only in accordance with and subject to the following provisions, conditions and restrictions:
(1) Donation Collection Bin permits may be granted for bins that benefit nonprofit entities and are located in the Business East, Business West, Business South, Highway Business, Highway Business Southwest, and Industrial Districts as depicted on the Town of Northborough Official Zoning Map.
(2) Donation Collection Bins may be allowed in residential and the Downtown Business Districts on property dedicated to educational and/or religious purposes, as those terms have been construed in accordance with G.L. c.40A, s.3.
(3) A permit issued under this chapter shall be valid for one year and may be renewed for a subsequent one-year period.
(4) The Building Inspector shall not grant a permit to place, use or employ a Donation Collection Bin if (s)he determines that the placement of the bin would constitute a public safety or health hazard, a nuisance, or would interfere with sight triangles, on-site circulation, or ingress into or egress out of the property.
(5) Donation Collection Bins are not permitted on vacant lots or on lots with vacant buildings. The bin may not be the primary use of a property.
(6) The bin shall not be permitted within minimum yard setbacks required under Zoning Bylaw Section 7-06-020, or landscaped buffers or parking spaces required under Zoning Bylaw Sections 7-09-02 and 7-09-030.
(7) The bin shall be placed on a concrete, paved or similarly prepared surface. The bin shall be placed such that there is safe and convenient pedestrian and vehicular access to it.
(8) The bin shall be made of metal, steel or other noncombustible material, enclosed by use of a receiving door/chute and locked so that access to its contents is restricted to the registrant for retrieval of the contents. The bin shall not exceed three (3) cubic yards in size and six (6) feet in height.
(9) A legible notice in not less than two (2) inch type specifying the name, address and local telephone number of the property owner and operator of the bin, as well as the name, address and contact telephone number of the charity or organization that benefits from the donated materials, shall be affixed to the front of every bin in a permanent manner.
(10) The operator shall maintain the bin in good condition with no structural damage, holes, visible rust, or chipped or peeling paint, and the bin shall be kept free of graffiti. The bin shall be neutral in color. No reflective material, metallic or fluorescent colors are allowed.
(11) No bin shall be used for advertising signs or publicity purposes other than that dealing with the organization or charity to which it is related.
(12) The operator shall regularly (minimum of once a week) empty the bin of its contents so that it does not overflow.
(13) Each bin shall have clearly visible language discouraging the placement of donations on the ground. If donations are placed on the ground, the operator shall remove the contents within twenty-four (24) hours of placement, or within twenty-four (24) hours of written or verbal notification by the Town of Northborough. The operator shall also remove accumulated junk, trash, refuse and similar debris from the area around the bin.
(14) If a bin becomes damaged or vandalized, it shall be repaired, replaced or removed within five (5) days of notice of such condition by the Town, unless the damage is such as to constitute a danger to persons or property in which case it shall be made safe within twenty-four (24) hours of notice of such condition by the Town of Northborough.
(15) One (1) bin shall be allowed per property, which includes all contiguous land in common ownership, except properties used for educational or religious purposes may be allowed up to two (2) bins.
2-19-040 Application.
A. The applicant shall submit an on-line application and the following information:
1) If the applicant is not the owner of the property on which the donation collection bin will be located, the written notarized consent of the property owner must be attached to the application. The consent shall include the name, address, and telephone number of the owner, lessee or other person or legal entity in control of the property;
2) Description and specifications of the Donation Collection Bin to be covered by the permit;
3) A site plan drawn to scale that identifies the property address and depicts lot lines, permanent structures, driveways, parking areas, and the proposed location of the bin on the property sufficient to determine compliance with this bylaw;
4) Photographs of the property and the bin;
5) The regular interval schedule at which the operator shall collect the items donated and perform regular maintenance. Said interval shall not exceed seven (7) days;
6) The required fee in accordance with Section 2-19-050.
B. A separate application and permit is required for each Donation Collection Bin. The Building Inspector shall issue or deny the permit within thirty (30) days of receipt of a complete application. If the Building Inspector denies an application, (s)he shall state, in writing, the specific reason for denial. If the Building Inspector approves the application, a permit (sticker) shall be issued to the applicant who shall affix it to the bin. The permit (sticker) shall be clearly placed on the same side as the chute used to deposit donated items and shall bear the permit number, date of issuance, and expiration date. No person or operator to whom a permit has been issued shall transfer, assign, or convey such permit to another person or operator.
2-19-050 Fees.
The applicant shall file an application fee or renewal application fee for each Donation Collection Bin that is consistent with the Building Permit Fee Schedule. Applicants for Donation Collection Bins on properties used for educational and/or religious purposes are exempt from these fees. The permit period for each Donation Collection Bin shall be January 1 through December 31 of each year.
2-19-060 Applicability.
The provisions of the chapter shall apply to both existing and future Donation Collection Bins within the Town of Northborough. Property owners with pre-existing bins shall come into compliance by filing an application for a Donation Collection Bin permit for each pre-existing bin within forty-five (45) days of the effective date of this chapter. The application shall demonstrate how the existing bin complies with this chapter or show the proposed changes that shall be completed to achieve compliance. Within seventy-five (75) days after the effective date of this chapter, each existing bin shall be brought into compliance with this chapter or removed by the property owner/operator.
2-19-070 Violations, penalties and enforcement.
A. The Building Inspector or his/her designee shall enforce this chapter and may issue an enforcement order for any failure to comply with the provisions of this chapter.
B. At the discretion of the Building Inspector or his/her designee, a noncriminal penalty of fifty dollars ($50) for the first violation and one hundred dollars ($100) for each subsequent offense may be imposed pursuant to the provisions of Massachusetts General Laws, Chapter 40, Section 21D. Each day the offense(s) persist shall be considered a separate violation.
C. The property owner, lessee, or other person or legal entity in control of the property where the bin is being maintained and the operator of said bin in violation of this chapter shall be jointly and severally liable for each violation thereof and for payment of the fine assessed.
The failure of the permittee to comply with the provisions of this chapter shall constitute grounds for revocation of the permit by the Building Inspector. Upon revocation, the property owner or operator shall remove the bin within thirty (30) days and, if not removed, the Town may remove, store and dispose of the bin at the permittee’s sole cost and expense.
Explanation: This article proposes the adoption of a new bylaw regulating donation collection bins within the Town of Northborough. The bylaw establishes a permitting process administered by the Building Inspector and sets standards for the placement, maintenance, and operation of such bins. It also limits where bins may be located, requires regular servicing and proper labeling, and establishes enforcement provisions and penalties for noncompliance. The intent of the bylaw is to address the increasing presence of donation bins in the community and to ensure they are maintained in a safe, orderly, and appropriate manner consistent with public health, safety, and welfare.
Votes Needed to Pass: Majority
Relevant Discussion for This Article
Planning Board Public Hearing: February 17, 2026 (Minutes)
Zoning Board of Appeals and Planning Board Joint Meeting: November 18, 2025 (Minutes)
Presentation to Select Board by Planning Board Chair Amy Poretsky: April 9, 2026