§ 152.136 LOCATION AND SCREENING OF DUMPSTERS AND OUTDOOR STORAGE.
   (A)   General. Property owners shall be responsible for providing adequate solid waste receptacles, in accordance with this section, to store solid wastes generated by said properties between scheduled pickups.
      (1)   Subject to the provisions of this section and after consultation with the owner of the premises concerned, the Zoning Officer shall determine the size, number and type of solid waste receptacles that must be provided for all premises. In making this determination, the Zoning Officer shall consider the type of activities on each premises and the amount of solid waste likely to be generated by those activities, as well as the welfare of the occupants and neighbors of those premises and the town’s need to facilitate collection and minimize the costs of this service.
      (2)   Unless otherwise determined by the Zoning Officer for good cause shown, when five or more dwelling units are located on a single lot, the owner of the premises shall provide one or more dumpsters so that the following criteria, relating to capacity are satisfied:
         (a)   Two cubic yards of storage capacity are provided for every eight dwelling units or fraction thereof; provided that, the minimum size dumpster shall be cubic yards.
         (b)   If more than one dumpster is required, the owner shall provide the smallest number of dumpsters capable of satisfying the requirements stated in division (A)(2)(a) above.
         (c)   Only dumpsters compatible with town collection equipment will be approved.
         (d)   Unless otherwise determined by the Zoning Officer for good cause shown, the owners of all premises not required to be served by dumpsters shall provide at least one 30-32 gallon container made of galvanized metal, plastic, rubber or other material resistant to rust, corrosion or rapid deterioration. Each required container shall be water-tight and provided with handles and a tight-fitting cover.
         (e)   Within commercial districts, where the zoning office determines that a dumpster is not feasible, GDS approved, 96-gallon receptacles will be used.
      (3)   All solid wastes shall be stored in approved solid waste receptacles pending collection. Solid waste outside receptacles will not be collected. The owner or tenant of a property is responsible for seeing that solid wastes that are too bulky or too cumbersome to be collected by the town as part of its regular collection service, are taken to an approved waste management site for disposal.
      (4)   All solid waste receptacles shall be cleaned periodically to minimize offensive odors.
      (5)   The tops, openings and gates to dumpsters shall be kept securely fastened at all times, pending collection.
   (B)   Location. The location of solid waste receptacles located within the jurisdiction of this chapter shall comply with the following requirements:
      (1)   Solid waste receptacles shall be located in the rear yard; provided that, when the receptacle cannot be serviced in said location, it may be located in the side yard.
      (2)   Only in extreme circumstances may receptacles be located in the front yard. Solid waste receptacles must be within the contiguous confines of said business’ lot lines, maintaining setbacks. No receptacles may be placed on a lot detached from an established business.
      (3)   Dumpsters shall be located with a turning radius acceptable to the GDS driver so as not to jeopardize adjoining buildings, landscaping and other structures.
      (4)   No dumpster shall be located closer than ten feet from any rear or side yard line or street right-of-way. The exception is in the C-1 District as detailed in § 152.028 of this chapter.
         (a)   Where no right-of-way exists, no dumpster shall be located closer than 15 feet from the centerline of any traveled way.
         (b)   No dumpster shall be located closer than 25 feet from any stream. For a designated trout stream, per the Division of Water Quality, the setback shall be 30 feet.
      (5)   Where existing dumpsters are currently located on properties, the property owner or the leasing tenant owning or leasing the dumpster, shall relocate the dumpster to the rear or side yard and screen as required. Extreme hardships shall be reviewed on an individual basis by the Zoning Officer. The owner or leasing tenant of existing dumpsters shall have one year from the effective date of this section to comply with these requirements.
   (C)   Screening. Solid waste receptacles shall be screened from visibility from any adjacent property or right-of-way, except where existing structures, topography, or vegetation provide screening which meets the standards of this section. For the purpose of this section, SCREENING shall mean one of the following:
      (1)   Coated chain link fencing with plastic inserts. Coating and matching inserts shall be black or green;
      (2)   The same materials as the main structure;
      (3)   Masonry that complies with architectural design standards;
      (4)    Pressure treated wood slats placed no more than one-half inch apart;
      (5)   Metal shall be used when bear-proofing is needed. Metal shall be painted a color that blends into the environment, black, brown, or dark green.
      (6)   Where feasible, a row of evergreen shrubs or trees, on all sides exposed to adjacent property or rights-of-way, excepting the service side, shall be planted. These shall be planted between three and four feet apart and not more than five feet from the screening fence. When planted, the plants shall be a minimum of three feet in height and reach a minimum height of six feet within three years;
      (7)   If both fencing and plant screening are provided, in accordance with the requirements listed above, the solid waste receptacle may be located within five feet of a side or rear property line;
      (8)   All screening shall extend a minimum of six inches above the top of the solid waste receptacle;
      (9)   Screening shall be located no more than five feet from the dumpster’s location, and provide a minimum width of 12 feet for the service entrance;
      (10)   The service entrance doors shall be coated chain link with matching plastic inserts of black or green. All service entrance doors shall be maintained closed, except for servicing; and
      (11)   Maintenance of screening materials shall be the responsibility of the property owner and the tenant leasing the solid waste receptacles. Fencing that does not meet the standards of this section, or plant material that dies shall be replaced in accordance with the requirements of this section.v
   (D)   Construction of dumpster sites.
      (1)   All dumpsters shall be placed on a minimum (ten feet by ten feet) square concrete pad. Concrete shall be six inches thick, 5,000 psi with #4 or #5 rebar, six inches by six inches WI.4 xWl.4 wire mesh, on a five-inch AB stone base.* Pad shall have a one-fourth per foot slope toward the entrance to the pad.
      (2)   Within pad, the back of the screening shall be protected by two four-inch diameter steel bollard posts, poured solid.
      (3)   The front corners of the gate shall be protected by two four-inch diameter steel bollard posts, poured solid.
      (4)   There shall be a minimum ten-foot wide by six-foot deep concrete apron at the entrance to the dumpster pad. Apron shall be six inches thick, 5,000 psi with #4 or #5 - 6"X6" WI.4XWI.4 reinforcement and a five-inch AB stone base. Alternatively, the apron may be an eight-inch AB stone base with a three-inch binder and one and one-half asphalt top coat.*
      (5)   Required modifications if business has any type of food service:
         (a)   Dumpster pad shall have two, centrally located drains. One drain shall be tied to an approved in-line grease trap. After passing through this trap, drainage shall continue on into the sanitary sewer. This line shall only be open when dumpster is being cleaned/washed. The second drain shall be open at all other times and tied to the storm drainage system.
         (b)   The pad shall have a one-fourth inch slope toward the drains.
         (c)   There shall be 11 foot square with a six-inch curb around the sides and back of the pad.
         (d)   The five-inch stone base will be #67 stone as opposed to AB stone.
         (e)   Ninety-six gallon or smaller receptacles will be placed on a masonry pad with approved screening, curbing and drains. If cleaning will be done in a separate approved can wash facility, tied to an approved inline grease trap, a second drain will not be required in the receptacle pad.
      (6)   The following recommended details below (at the end of this section) may be modified and reviewed on an individual basis: notes to aid in reading details:
         (a)   Five thousand psi means concrete mix gauged to hold 5,000 pounds per square inch.
         (b)   #4 or #5 means (one-half) inch diameter rebar every ten inches.
         (c)   Six-inch by six-inch WI.4xWI.4 means number 0.4 gage six-inch by six-inch wire mesh.
         (d)   Eight-inch stone, three-inch binder, one and one-half is the formula for using asphalt top coat.
         (e)   #67 stone is required under food service pad to facilitate drainage.
         (f)   *Instead of rebar and wire mesh, 5,000 psi concrete/fiberglass mix may be used.
      (7)   As dumpster pad construction is a multi-phase process, the following permit process must be followed:
         (a)   Inspection and approval of drainage system in food service sites;
         (b)   Inspection and approval of stone, rebar and concrete construction, slope, size, bollards and apron;
         (c)   Posted compliance to permit before dumpster may be placed; and
         (d)   There will be no charge for this permit.
   (E)   Outdoor storage.
      (1)   Outdoor storage areas of automobiles, machinery, equipment and building supplies in non- residential districts shall be screened from any public street or right-of-way and shall be applicable to all zoning districts. Opaque screening shall consist of a fence, wall, landscaped berm or evergreen vegetation, which will provide an opaque screening at maturity or within three years of planting. A combination of evergreen vegetation and fencing may be used to achieve the required screening; chain link fencing may be used in combination with evergreen vegetation if the chain link fence is coated in a natural color such as green.
      (2)   Outdoor storage areas referenced in division (B) above existing at the time of adoption of this chapter shall submit a screening plan to the Zoning Administrator within six months of adoption of this chapter. Upon approval of the screening plan by the Zoning Administrator, screening shall be installed within one month. Screening plans utilizing landscaping shall have three years from approval of the screening plan to provide full opaque screening; as such time will allow for maturity of vegetation. All screening shall be maintained by the property owner to meet the original screening ordinance intent.
(Ord. passed 3-14-2005; Ord. passed 7-11-2005; Ord. passed 7-14-2008; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 708)