A. A commercial shared trash enclosure may only be used for the temporary collection and storage of refuse, including recycling material.
B. The director shall adopt administrative rules and regulations to establish a program to manage the commercial shared trash enclosures and in connection therewith may determine appropriate users which can include commercial and residential generators.
1. In connection therewith, the director shall determine those persons who are authorized to use a commercial shared trash enclosure, and which enclosure such person shall be authorized to use.
2. In determining which enclosure a user shall be authorized to use the director shall consider all relevant information, including, but limited to, the user's proximity to the enclosure, and whether the enclosure has the capacity to accommodate the user's anticipated volume of trash.
3. The director shall attempt to permit an authorized user to use the enclosure that is nearest to the prospective user's property or business. However, there is no right to use a particular trash enclosure, and a user's authorized trash enclosure may be changed by the director at any time upon reasonable notice.
4. Establishment of material management regulatory fee and separate fund:
a. Commencing on the effective date of the ordinance codified in this section, commercial and/or residential users participating in the material management program shall pay an annual fee in the amounts set forth in the table below:
Office/Beauty/Spa, Retail ≤ 1,999 sq ft
Cafes, Restaurants + Bars ≤ 1,999 sq ft
Retail ≥ 2,000 sq ft
Restaurants + Bars ≥ 2,000 sq ft
b. Beginning with the town's 2024 fiscal year, the amount of the material management fee described in this section shall be reviewed annually at the time of the budget process. The director shall submit for review by council a report confirming that the fee amount from the prior year is adequately and reasonably covering the direct and indirect costs of the regulatory program or propose any increase or decrease in the amount of the fee for administration of the program. If, for any reason, the amount of such fee is not fixed by the town council as part of its annual budget process, the fee for the preceding year shall continue in full force and effect until changed by the town council.
c. The material management fee shall be paid annually on or before April 1 of each calendar year. Failure to pay the fee in accordance with this section will result in the nonissuance or nonrenewal of a license.
d. All sums of money collected by the town per this section are intended exclusively for use in the material management program.
The fees collected in accordance with this section shall not be used for general municipal or governmental purposes or spending. Nor shall the fund ever be transferred to or become part of the town's general fund.
e. Fees collected in accordance with this section shall be accounted for by the finance director in such a manner that the finance director can separately track the collection and expenditure of such fees.
C. Nothing in this section prohibits a person from constructing an approved private trash enclosure upon such person's property (and not upon public property); provided, that legal vehicular access for waste collection is available. All necessary development and building permits must be obtained prior to the construction of the approved private trash enclosure.