§ 5.03.04. Dumpsters and Recycling

Solid waste disposal and recycling (Ordinance No. 04-50) shall be required in the form of bulk container service (garbage and recycling receptacles) for all commercial and industrial establishments and multi-family projects not receiving curbside garbage and recycling pickup. Solid waste disposal and recycling shall be required in the form of curbside pickup for all units on the Mandatory Trash Collection and Disposal roll. All individual units within a deed-restricted area must have an enclosed location other than the residential structure, such as a carport or garage for the storage of individual solid waste containers, or as otherwise permitted below.

A.

Trash container location requirements:

1.

All trash or recycle receptacles shall be located so as to be easily accessible to the residents and the solid waste hauler.

2.

Dumpsters and their enclosures may be located within a required yard provided that they do not encroach into a required landscape area and that there is no blockage of view of motorists or pedestrians that would constitute a safety hazard.

3.

For multi-family residential developments having more than one structure, no dumpster shall be located more than 250 feet from the structure that it is intended to serve (unless a compactor is used for service).

4.

All projects subject to the provisions of LDC section 5.05.08 shall locate trash containers in accordance with the relevant provisions of that section.

B.

Access to trash containers. The access approach to the container should be sufficient to accommodate a vehicle requiring a minimum clear width of 10 feet and a minimum clear turning radius of 50 feet when directly accessing a public street. Containers and enclosures shall be placed such that the accessing vehicles are not required to maneuver in the adjacent travel lanes of any street. When backing maneuvers are required to permit the vehicle to exit from the container, provision shall be made to provide an apron at least 10 feet wide and 60 feet in length adjacent to the container.

C.

Container quantities. In the case of multi-family developments and commercial and industrial businesses that do not receive curbside service and choose to use dumpster service, at least one standard size bulk container (garbage dumpster) shall be required for trash disposal and at least one receptacle for recycling. Prior to site development plan submittal, the contractor, developer or homeowner's association must contact Collier County Utility Building and Customer Service to estimate the number and sizes of bulk containers needed.

D.

Enclosure dimensions. Enclosures for dumpsters shall have minimum internal dimensions of 12 by 12 feet with a separate area for recycling receptacles enclosed by vegetative screening. An alternative is an enclosure with minimum internal dimensions of 12 by 24 feet for no less than two standard receptacles contained inside (one for garbage and one for recycling). If equipped with gates, the clear opening dimension shall be a minimum of 12 feet or 24 feet depending on enclosure style, as defined in this paragraph and the gates must be provided with a device to hold them open.

E.

Container screening. Except as noted below, all receptacles shall be screened on at least 3 sides from view of adjacent property owners and from adjacent streets on the first-floor level. All enclosures must have a cement pad as the floor of the enclosure. This screening shall not be subject to height limitations for fences, provided that the vision of motorists on adjacent streets remains unobstructed. Screening may be exempted:

1.

In I (Industrial) zoning, so long as the containers are located more than 200 feet from residentially zoned or used property, and are not located within front yards;

2.

In A (Rural Agricultural) zoning in conjunction with a bona fide agricultural use; and

3.

During construction in all zoning districts. Screening material shall consist of a wood fence, concrete block and stucco wall, brick wall, masonry wall, or walls of similar material. For only those projects subject to the provisions of section 5.05.08, trash enclosure walls or gates made of chain link or wood are not acceptable.

F.

Compactors. Multi-family developments may substitute garbage compactors for garbage dumpsters or curbside pickup to dispose of non-recyclable material with the following restrictions; for individually owned multi-family units ( condominiums ), compactor service may only be implemented by the developer prior to the sale of the first unit (subsequent to that time, a change from curbside or dumpster service to compactor service may only be achieved through a majority vote by the homeowner's association); for multi-family developments containing more than one structure , the property owner may implement compactor service at any time, so long as the compactor has the capacity to accept an item of furniture having dimensions of up to 3 by 12 feet.

G.

Curbside pickup. The County Manager or his designee, may approve curbside pickup in lieu of dumpsters or compactors for individually owned multi-family developments provided that the following criteria are met. Multi-family rental units must provide dumpsters or a compactor. Condominium developments may substitute curbside pickup for dumpsters or compactors so long as satisfactory documentation is presented to the County Manager or his designee that:

1.

The subject condominium association has voted in the majority to eliminate the use of dumpsters or compactors in favor of curbside pickup for all or part of the development ,

2.

There is adequate access to facilitate curbside pickup, and

3.

All individual units have an enclosed location other than the residential structure , such as a carport or garage, for the storage of individual solid waste containers.

H.

Non-Compliance. In the event that a property owner experiences a Substantial Hardship, as defined in Ordinance No. 2004-50, Section 5(FF), or if due to specific site conditions Ordinance No. 2004-50, Section 17(B), is unable to conform with the provisions contained herein, the property owner, or his designee, shall complete and submit an application for an administrative variance pursuant to Ordinance No. 2004-50, Section 17(A) and (B).

1.

The process for requesting an administrative variance shall be as follows:

a.

Complete an administrative variance form, which is available from the Utility Billing & Customer Service Department, at the Utility Billing & Customer Service office, or by downloading the form from the County Website (www.colliergov.net).

b.

Deliver the form to the Utility Billing & Customer Service Department along with all requested information.

c.

Within five business days of receiving the administrative variance form, the County Manager or his designee will contact the property owner, or his designee to review the administrative variance request.

d.

The County Manager or his designee and the property owner, or his designee shall jointly develop a solution that complies with Ordinance No. 2004-50 and meets the intent of this section 5.03.04 of the Collier County Land Development Code.

I.

If the County Manager or his designee and the property owner, or his designee, are unable to resolve the conflict, the property owner, or his designee shall request a Variance in accordance with Section 9.04.00 of the Collier County Land Development Code.

(Ord. No. 04-72, § 3.S)