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22-1715ORDINANCE NO. 22-1715 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SOLID WASTEAND RECYCLING CRITERIA MANUAL; AND PROVIDING FOR SEVERABILITY, ASAVINGS CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. DCA 18-0009q, the City Council of the City of Denton, a Texas home-rule municipal corporation (the “City”) adopted the newly revised Denton Development Code, superseding and expressly repealing Chapters 31, 34 and 35 of the 1991 Code of the City of Denton, Texas, as amended, and leaving all other Chapters intact and superseding and expressly repealing the 2002 Denton Development Code, as amended; and WHEREAS, the Denton Development Code established a process whereby the policies, regulations, and procedures relating to zoning and development within the City and its regulatory extraterritorial jurisdiction are legislatively established by the Council after public hearing inacccordance with State law; and WHEREAS, the creation of specific design standards and methodologia (the “Development Criteria Manual”) are delegated to staff of professionals possessing the necessary and appropriate licensure and expertise who may also consult with their peers in both the public and private sectors, consistent with the policy direction of Council; and WHEREAS, the Development Criteria Manual process was intended to benefit the public and the development community by empowering City professional staff to more quickly implement new and improved materials and methods as they are developed, in accordance with generally accepted design standards of the industry, as appropriate to achieving an equal or greater public benefit for costs expended, for issues not involving policymaking decisions; and WHEREAS, the latest version of the Solid Waster and Recycling Criteria Manual was last prepared in December 2021; and WHEREAS, the Solid Waste and Recycling Criteria Manual update will be adopted by ordinance; and WHEREAS, after providing notice and conducting a public hearing as required by State law, the City Council finds that these changes to the Solid Waste and Recycling Criteria Manualare consistent with the Comprehensive Plan and are in the public interest; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Solid Waste and Recycling Criteria Manual is hereby amended andshall read as contained in Exhibit “A.” SECTION 3. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and that public notice of the time, place, and purpose of the meeting was given as required by State law. SECTION 4. If any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such renaming provisions despite any such invalidity. SECTION 5. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses. and phrases of the code of Ordinances shall remain in fUll force and effect. SECTION 6. This ordinance shall become effective January 1, 2023. The motion to,approvethis ordinance was made by Br fan &d and seconded W Vt(kt B hrA , thi Gfwas proved by the following vote k - dJ: Aye ./ y‘ r/ b/ Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck. District 2: Jesse Davis. District 3: VACANT. District 4: Brandon Chase McGee, At Large Place 5: k/ Chris Watts, At Large Place 6: / PASSED AND APPROVED this, the A day of £hu/Mc , 2022. GERARD HUDSPETH, MAYOR ArrEST: ROSA RIOS, CITY SECRETARY b\\\1111111/ Han, APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY::n.i,:fam,ph' Sg Z’B='a==;::::=:-gerD DRU Ian ArrA Draft – Solid Waste and Recycling Criteria Manual – Exhibit A 1. Overview, Introduction, and Purpose The purpose of this Criteria Manual is to provide basic criteria and standards for the development and maintenance of solid waste and recycling container enclosures. City Code and Ordinances require that The City of Denton be the exclusive provider of solid waste collection and disposal services within the city limits including, but not limited to, preconstruction activities, construction activities, and ultimately residential, multi-family, or commercial activities. ALL contractors and sub-contractors should call the City of Denton Customer Service (940-349-8700) to initiate service. Third Party solid waste providers MAY NOT be used for any onsite solid waste service within the City Limits. Commercial recycling services may be offered by an appropriately franchised third-party recycling provider provided the C+D material is truly being diverted for reuse. Recycle boxes containing putrescible (food) waste and or contamination level exceeding 10% MUST be managed by the City of Denton. 2. General Design Standards A. The design standards and requirements in this Criteria Manual shall apply as set forth in Section 7.2: Applicability and Section 7.12 Solid Waste and Recycling DesIgn Standards of the Denton Development Code. B. Nonresidential on-site solid waste and recycling container enclosures shall be located on each platted lot of non-residential property and shall be constructed and maintained by the property owner or developer and made available for use by the City of Denton Solid Waste Department or commercial recycling service provider. C.Nonresidential on-site solid waste and recycling container enclosures shall be available for the storage of all municipal solid waste and recyclables generated for each platted property. The city reserves the ability to determine which, if any parcels or areas (e.g., Downtown Square, strip centers, multi-family residential, etc.) may be recommended for shared container or other alternative service. Container enclosures shall be of adequate size to contain all solid and liquid wastes and recyclables generated on the property, which may include, but are not limited to, municipal solid waste, recyclables, grease and oils, process by-products and wastes, hazardous waste, medical waste, and any special wastes, contained as necessary to meet disposal standards published by the city. D. The container enclosures shall be constructed to such capacity prescribed in Section 3. E. New nonresidential uses of 999 square feet or less will be evaluated by city staff to determine the applicability of constructing an enclosure. Solid Waste and Recycling carts may be appropriate, thereby eliminating the need for construction of an enclosure. F. The use of cart storage for property converted from a residential to non-residential use canbe accommodated if the property converted is a structure of less than 2,500 gross square Page - 1 feet, has a waste generation rate applicable for cart service, and commercial cart service is available in the area. G.Proposed future building expansion (evaluated at 50% or more of the current square footage) and phased development shall be considered in the site design wtth regards to sizing, location(s), and access of future solid waste and recyclables container enclosures. Solid waste and recycling areas necessary for future building expansion shall be available for development, but need not be developed, nor container enclosures constructed, until the future building expansIon occurs. H. Containers for solid waste and recycling service shall be screened from the public right-of- way (any designated public street, sidewalk, or alley) and from adjacent property owners. I. Proper construction of the container enclosures shall be completed prior to final acceptance of the development or property by the City’s Solid Waste Department. J. Container enclosure designs shall be consistent with engineering drawings and specifications, as show in the City of Denton’s Standard Details. Refer to the Solid Waste and Recycling Container Enclosure Construction Drawings. 3.Container Enclosure and Storage Space Dimensional Requirements A.All single container enclosures shall be a minimum inside wall dimensions of 13 feet wide and 10.5 feet deep. Only solid waste and recycling containers are allowed in the enclosures. Otherstorage containers such as grease and oil receptacles, and other items shall be stored and located in a different enclosure. These enclosures shall be located where they will not impede the service of the solid waste and/or recycling containers. B.All dual container enclosures shall be a minimum inside wall dimensions of 26 feet wide and 10.5 feet deep. Only solid waste and recycling containers are allowed in the enclosures. Other storage containers such as grease and oil receptacles, and other items shall be stored and located in a different enclosure. These enclosures shall be located where they will not impede the service of the solid waste and/or recycling containers. C. All roll-off compactor enclosures shall be a minimum inside wall dimensions of 16 feet wide with the depth to be determined by the compactor size selected. D. Refer to the City of Denton’s Standard Details for construction specifications. E. All developments shall be required to install container enclosures as specified in Table Abelow. Table A: Minimum Container Enclosure Requirements Developing Use 1 – 48 units Solid Waste 2 single enclosures or 1 dual enclosure Page - 2 IF I OII? A : IV UII IIII 11111 1 in U(8111 G IIlly t LlIDtlglt©blUJ re KIa eII I lrltq IIRaIIlo Developing Use Solid Waste 49 – 64 units 1 slngleeHl@Fire and IEaH[IIHlIBHIEHF] single enclosures 4 single enclosures or 2 dual enclosures or 1 roll-off compactor enclosure with 1 single enclosure 1 single enclosure 2 single enclosures or 1 dual enclosure 2 single enclosures or 1 dual enclosure or Multifamily Dwelling 65 – 200 units 1,000 – 10,000 square feet 10,001 – 25,000 square feet General Office 25,001 – 50,000 square feet 1 single enclosure and 1 dual enclosure or 3 single enclosures or 4 single enclosures or 2 dual enclosures or 1 roll-off compactor enclosure 50,001 – 100,000 square feet 1,000 – 5,000 square feet 1 single enclosure 5,001 – 15,000 square feet 2 single enclosures or 1 dual enclosure 1 dual enclosure or 2 single enclosures or 3 single enclosures 1 single enclosure and 1 dual enclosure or 3 single enclosures or 2 dual enclosures or 4 single enclosures or 1 roll-off compactor enclosur9 General Commercial, Warehousing,Indoor Recreation 15,001 – 50,000 square feet 50,001 – 100,000 squarefeet 1,000 – 2,500 square feet 1 single enclosure 2,501 – 10,000 square feet 2 single enclosures or1 dual enclosure 1 single enclosure and 1 dual enclosure or 3 single enclosures 1 single enclosure and 1 dual enclosure or 4 single enclosures or2 dual enclosures or 1 roll-off compactor enclosure 4 single enclosures or 2 dual enclosures or 2 roll-off compactor enclosures Shopping 10,OOl–50,000squarefeet Center, Mixed, Light 1 50,o01 – loo,000 square Manufacturing 1 feet 100,001 – 200,000 squarefeet Restaurant, Bars, Grills. Grocery 1,000 – 2,500 square feet 1 single enclosure 2,501 – 7,500 square feet 2 single enclosures or 1 dual enclosure Page - 3 IF I ollie A : IPI IIB lITI U lin L WIll dl 1111Bf E11LqIL©Ml'IIIe n HqLLauFltJIll e: IILS• Developing Use Stores, Movie Theaters and o Tel ::eo d 71 5 0 1 1 5 f 0 0 0 s q u a r e f e e t establishment S Solid Waste 1 single enclosure and 1 dual enclosure or 3 single enclosures or 1 roll-off compactor enclosure 1,000 – 5,000 square feet 2 single enclosures or1 dual enclosure 2 single enclosures or 1 dual enclosure or5.001 – 25,000 square feet Department Store, Supermarket,Service Station 1 sir gle enclosure and 1 dual enclosure or 3 single enclosures or 4 single enclosures or2 dual enclosures 4 single enclosures or2 dual enclosures or 1 roll-off compactor enclosure or 2 roll-off compactor enclosures 25,001 – 50,000 square feet 50,001 – 100,000 squarefeet F. Nonresidential uses which are not specifically listed in the above storage space and enclosure requirements, will be reviewed for adequate solid waste and recyclables enclosures based on site-specific information and the following Solid Waste and Recycling Design Factors: 1 2 3. 4 5. 6. 7. Type of business and waste generation potential; Waste generation of similar businesses; Square footage of the development and structures, Location of the business; Hours of business operation; Business site plan; and Phased development and future use plans. and the number of floors; 4.Container Enclosure Design Requirements A. Materials used for container enclosure construction shall be compatible with the main building architecture and appearance and may include: 1. 2. 3. 4 5 6. 7 Concrete Block – Tinted, colored, painted, or with textured facingConcrete – Poured or tilt wall construction Brick - Double brick thickness minimum Stone Metal Wood Vinyl Page - 4 8. Composite Material 9. Combinations of the above materials B. Front load enclosures shall have walls constructed to a minimum 6-foot height, or as tall as required to conceal the container. Compactor enclosure walls require construction a minimum of 8 feet in height in order to conceal the compactor and mechanical equipment. C. Gates shall be required when the interior of the enclosure is visible from the public right-of- way (any designated public street, sidewalk, or alley) and when visible from the lot of adjacent property owners. D. Personal access side gates are recommended as a feature of all gated enclosures. These doors/gates should be fitted with emergency egress strike bars. 5.Enclosure Access, Placement, Ingress and Egress Requirements A. Enclosure access requirements shall be in compliance with the requirements of Chapter 469 of the Texas Government Code as amended and the Texas Accessibility Standards as amended. B. Container enclosures shall not be located in a fire lane, public right-of-way, public utility easements, or sidewalk area. C. No solid container enclosure shall be located within the required front yard or protrude in front of any buildings a long the designated lot frontage. D. The location of container enclosures may not cause the obstruction of traffic for excessive lengths of time while being serviced. E. The solid service truck shall be on the property owner’s property during service operations, if the site design permits. F. Ingress and egress routes shall be designed to faciIItate exiting the property in a forward driving direction for all interstate and state roads, arterial streets, and collector streets with four lanes. See figures and notes for Solid Waste collection routes on the next page. G. Utility wires and structure overhangs should have a minimum height clearance of 20 feet along the ingress and egress route. No utility wires shall extend over the enclosure approachand service area. H. Dead end streets, which are planned for extension in future development phases, will havesufficient all weather turn around areas for Class 7 trucks constructed of a suitable road base materia I Page - 5 ROUTEDIRECTION MAXIMUM DEVIATION ::: xbJ = =wEC'\ A TrPiCAL SOLID WASTE COLLECTION ROUTE SOLID WAS-[VEHICLES WEIGHAPPROX. 33 TONSWHEN FULL. DRrVPNAYSMUST BE BUILTTO SUPPORT THISWEIGHT WITHOUIDAMAGE TO DRIVE. PLEASE NOTE:SAFErr’ NOTE: BACKING UP MORE THAN IOO' AFrERSERVICE TO A SO_ID WAnE BIN IS PROHIBITED. THEJQO' IS MEASUREDFROM THE BACK OF THE SOLID WASHCOLLECTION VEHICLE. MAKE SURE THEARm HAS TH£ PRCP£R TURNINC RADI JSAND ACCESS AREA TO LEAVE SFTE+ THEVEHICLE IS APPROX. 36’ LONG_ SauDWASTE COLLECTION VEHICLES WILL NOTTURN WHILE BACKING. HAMMER HEAD DRIVE 50' CLEARANCENEEDED FOR BACK–UP(SEE NOTE ABOVE) PUBLIC ROADWAY Page - 6 6. Alleyway Access An alley (residential or commercial) is a private street designed to provide access to the rear of or side of a lot including solid waste and fire access. All alleys shall have at least two direct access point to public streets and are subject to the block length criteria. A. Design Factors: 1 2 3 4 5. Turn Radius Street Widths Horizontal and Vertical Clearances Pavement Multifamily Units B. Turn Radii Requirements: TxDOT recommends, via AASHTO that the turn radii be a minimum of 30 feet for alley to alley intersections with occasional turning trucks, weekly pick-up. Sufficient for side load residential collection vehicles to navigate alley ways lined with trash and recycle carts on both sides. C. Alley Width Requirements: Minimum 15 feet wide paved for collection operations. As requiredfor vehicles to safely service carts, accommodating truck and space for cart set out. In accordance with the Transportation Criteria Manual. D. Horizontal and Vertical Clearance Requirements: Balconies, landscaping, or other elements shall not encroach into approved horizontal or vertical clearances for vehicle travel, backing, loading, or other operations along any alley way. 1. The horizontal operating travel clearance is 20 feet 2. The vertical operating travel clearance is 15 feet E. Pavement Requirements: Build to standards suitable for two 33-ton vehicles traveling down all alley ways twice each service day. Alternatively, responsible party, HOA or POA to provide waiver (recorded with property) for potential damage caused over time by normal hauler operations. F.Multifamily Unit Requirements: For the purposes of solid waste alley way requirements, any attached residential arrangement of five (5) or more dwelling units per lot will fall under the Commercial Business Category requiring a solid waste and recycling storage facility (container enclosure). See Site Plan Criteria for Municipal Solid Waste & Recyclables Storage & Enclosure Requirements in the City’s Standard Details. Page - 7 PATH OF LEFrFROvr WHEEL sauD WAsrECOLLECTIONVEHiCLE PATH OF RIGHTREAR WHEEL GD45’ Minimum Turning Radius @ 42’ Turning Radius © 30’ Turning Radius Page - 8