San Benito County Municipal Code Art. VIII Areas for the Storage and Collection of Recyclable Materials

(A) Cities and counties must divert 50% of all solid waste by January 1, 2000, through source reduction, recycling and composting activities.

(B) Diverting 50% of all solid waste requires the participation of the residential, commercial, industrial and public sectors.

(C) The lack of adequate areas for storing and collecting recyclable materials is a significant impediment to diverting solid waste. This impediment constitutes an urgent need for state and local agencies to address. This chapter has been developed to meet that need.

(1966 Code, § 5-38) (Ord. 638, § 2(part))

The following definitions shall apply to the language contained in this chapter.

DEVELOPMENT PROJECT. Any of the following:

(1) A project for which a building permit is required for:

(a) A commercial, industrial or institutional building;

(b) A marina;

(c) A residential building having five or more living units, where solid waste is generated or stored and from where solid waste is collected; and

(d) Any residential project where solid waste is generated or stored and from where solid waste is collected in a common location serving five or more living units.

(2) A new public facility where solid waste is generated or stored and from where solid waste is collected and any improvements for areas of a public facility used for storing and collecting solid waste.

DEVELOPMENT PROJECT FOR WHICH A BUILDING PERMIT IS REQUIRED. A development project for which a building permit is required is, at a minimum:

(1) All new development projects;

(2) Any single alteration of an existing development project requiring a building permit; and

(3) Any sum total of alterations requiring a building permit to an existing development project which alterations are conducted within a 12-month period.

RECYCLING AREA (AREA FOR RECYCLING). Space allocation for storage and collection of recyclable materials.

(1966 Code, § 5-39) (Ord. 638, § 2(part))

(A) Any new development project for which an application for a building permit is submitted on or after September 1, 1993, shall include adequate, accessible and convenient areas for storing and collecting recyclable materials.

(B) Any improvements for areas of a public facility used for storing and collecting solid waste shall include adequate, accessible and convenient areas for collecting and loading recyclable materials.

(C) Any project for which an application for a building permit is submitted on or after September 1, 1993, for modifications that meet one or both of the conditions below shall include adequate, accessible and convenient areas for storing and collecting recyclable materials:

(1) Modification to the project adds 30% or more to the existing floor area; or

(2) The price of modification exceeds 10% of the then-current assessed value of the subject parcel.

(D) No building permit shall be issued until the requirements of this article are satisfied.

(1966 Code, § 5-40) (Ord. 638, § 2(part))

(A) Areas for recycling shall be adequate in capacity, number and distribution to serve the development.

(B) Dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the development is to be located.

(C) An adequate number of bins or containers to allow for the storage and collection of recyclable materials generated by the development should be located within the recycling areas of development.

(D) The design and construction of recycling areas shall be compatible with surrounding land uses.

(E) Recycling areas shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing authorized persons access for disposal of materials.

(F) Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions which might render the collected materials unmarketable.

(G) Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the hauler in the area in which the development exists.

(H) A sign clearly identifying all recycling and solid waste storage and collection areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas.

(I) Residential developers and property owners are encouraged to include recycling areas or systems within the residence.

(1966 Code, § 5-41) (Ord. 638, § 2(part))

(A) Recycling areas shall not be located in any area required by any regulations or law to be constructed or maintained as unencumbered, according to fire and other applicable building and/or public safety laws.

(B) Any recycling area(s) shall be located so they are at least as convenient as the location(s) where solid waste is stored and collected. Whenever feasible, areas for storage and collection of recyclable materials should be adjacent to solid waste collection areas.

(C) Each recycling area within a multi-family residential development shall be no greater than 250 feet from each living unit.

(1966 Code, § 5-42) (Ord. 638, § 2(part))

No recycling area shall be required to be constructed until such time that the development will be served by a recycling program. In the event that such a recycling program is not available to a development project, construction of the recycling area may be deferred. In the event the applicant for a building permit for a development project decides to defer construction, the owner shall submit plans for the recycling area to the Building Department along with construction cost estimates, at the time of application for a building permit. Upon approval of the plans and of the construction cost estimate, county will deem this article has been complied with, upon the payment of cash in the amount of 150% of the approved construction cost estimate and the execution of a deferred improvement agreement in a form approved by the County Counsel. The agreement shall be recorded and shall insure the construction of recycling area, not later than three years from the date of issuance of the building permit. Deferral may be extended for additional three-year periods if before the expiration of the three-year deferral period, the owner(s) of the development submit new construction cost estimates and pay 150% of the new estimate, provided of course that the recycling program still is not available. The purpose of the 150% cash payment shall be to insure construction of the recycling area when a recycling program serves the development. The cash shall be returned upon satisfactory proof the recycling area has been properly constructed. All unused interest accruing to the cash deposit shall be retained by county to be used solely to support the county recycling program.

(1966 Code, § 5-43) (Ord. 638, § 2(part))

The issuance of a building permit will be conditioned on the applicant granting the Health Department access to the recycling areas outside of any dwelling unit at any time without prior notice during the regular working hours of the Health Department pursuant to the requirements of the San Benito County Code Solid Waste Ordinance and pursuant to state and federal constitutional limitations.

(1966 Code, § 5-44) (Ord. 638, § 2(part))