(A) Size of containers to be enclosed. Containers larger than 32 gallons shall be enclosed as defined in this subchapter.
(B) Location.
(1) No enclosure or container shall be placed or kept on, or in, any public street, alley, sidewalk, or any public place.
(2) Enclosures and containers shall be placed and kept on the premises of the customer in a manner that is readily accessible, and on a hard surface to facilitate collection and removal of the refuse.
(3) Enclosures and containers for multiple-family, shared single-family, commercial, industrial, or institutional uses shall be located at the rear, side, or back of the served premises.
(4) Approach and container location shall be designed to minimize backing situations.
(5) Approach and container location shall be designed to minimize overhead obstructions.
(6) Approach and container location shall be designed to allow for parked vehicles and delivery trucks.
(7) Stormwater inlets shall not be placed in the enclosure or in the driving path of the waste hauler’s truck.
(C) Condition.
(1) Containers and enclosures shall be kept in a clean and sanitary condition.
(2) No grease, oil or other illicit discharge listed in Ch. 52 of this Code of Ordinances shall be permitted to be placed in the container, nor shall such discharges be allowed to leak into or be disposed of in the storm water system.
(3) Covers of containers shall be kept closed except for the purpose of placing or removing refuse
(4) Access gates shall be kept closed except for the purpose of placing or removing refuse.
(5) The gates of the enclosure shall be posted with an all-weather sign of sufficient size with nine-inch letters stating that “It is in violation of Town Ordinance No. 2006-G-04 to leave gates or doors to this enclosure or containers open except when depositing or collecting refuse.” The sign shall be securely attached to the gate or door.
(6) All refuse shall be placed in containers and concealed from public view.
(7) All baled refuse shall be concealed from public view within enclosures.
(8) No refuse shall be permitted to leak, spill, become odorous, blow, or otherwise be a nuisance.
(D) (1) Any existing commercial enclosure that does not fully comply with the requirements of this section shall be fully abated by modification of the existing commercial enclosure, or by the removal of the commercial enclosure with replacement by a new commercial enclosure, in a manner such that the commercial enclosure serving the subject commercial property shall fully comply with all of the requirements of this section.
(2) Any subsequently constructed commercial enclosure required by the provisions of this section shall fully comply with all of the requirements of this section.
(E) Extension of time to install commercial dumpster enclosures. All nonconforming commercial dumpster enclosures that are subject to the terms of this section, as previously amended, must be brought into compliance with the applicable provisions of this section by not later than December 31, 2022.
(F) TRC authority to grant additional time extensions. Owners may seek an extension of up to one additional year (to not later than December 31, 2020) from the town's Technical Review Committee ("TRC"), which request the TRC may grant or deny within the exercise of its sole discretion. When reviewing an extension request, the TRC shall consider the following items:
(1) Whether the property owner has more than one dumpster on the subject property;
(2) Whether removal of dumpster(s) is not an option due to other ordinance requirements or operational needs;
(3) Whether the property owner is limited by strict budgetary constraints due to participation in a state or federal funding program;
(4) Any other hardship, financial or otherwise, demonstrated by the property owner in the event that strict compliance in a timely manner is required.
(G) Subsequent discovery of non-compliant dumpsters or enclosures. In the event that the Planning and Zoning Department discovers a non-conforming dumpster or dumpster enclosure after June 1, 2022, the property owner shall be given a period of not less than 12 months after receiving written notice to correct any violations. Such owners shall also be entitled to seek an additional 12-month extension from the TRC in accordance with the procedures set forth in division (F) above.
(Ord. 2006-G-04, passed 12-12-06; Am. Ord. 2016-G-12, passed 10-17-16; Am. Ord. 2018-G- 16, passed 11-20-18; Am. Ord. 2020-G-05, passed 6-16-20)