ARTICLE 24.11 UNATTENDED DONATION/COLLECTION BOXES

With the exception of UDCBs described in subsection (b), below, it is unlawful to place, operate, maintain or allow a UDCB on any real property unless the parcel owner/agent and operator first obtain an annually renewable UDCB permit from the city. A separate UDCB permit is required for each UDCB.

UDCBs that are enclosed within a principal building shall not require a UDCB permit. However, UDCBs that are accessory to a principal activity on a property owned or leased by the operator shall meet all other requirements of this article.

The UDCB permit applicant shall be the UDCB operator and the permit may not be transferred, conveyed or otherwise assigned to another person or entity.

Decisions regarding UDCB permit applications shall be made by the director and the director shall be considered the investigating official acting for the city.

(Ordinance 18-07-1093 adopted 7/3/18)

§ 24.11.007 Application requirements.

Applicants for permits under this article shall file a written, sworn application with the city. The UDCB permit application shall be made on a form provided by the city. All applications shall include:

A signed agreement stating that the parcel owner/agent and operator will abide by all the processes and requirements described in this article;

Payment of a nonrefundable permit fee as prescribed in appendix A;

A signed authorization from the parcel owner/agent to allow placement of the UDCB;

A signed acknowledgement of responsibility from the parcel owner/agent and the operator for joint and several liability for violations of this article;

Proof of general liability insurance of at least $1,000,000.00 covering the applicant’s UDCB and naming the city as an additional insured;

For nonprofit operators, evidence that the nonprofit is recognized by the Internal Revenue Service as such;

For for-profit operators, proof of an active business tax certificate;

§ 24.11.008 UDCB permit expiration and renewal.

The name, address, email, website (if available) and telephone number of the UDCB operator and parcel owner, including 24-hour contact information;

(9)

A vicinity map showing:

(A)

The proposed location of the UDCB; and

(B)

The distance between the site and all existing UDCBs within 1,000 feet of the proposed UDCB location;

(10)

Photographs of the location and adjacent properties;

(11)

A site plan containing:

(A)

Location and dimensions of all parcel boundaries;

(B)

Location of all buildings;

(C)

Proposed UDCB location;

(D)

Distance between the proposed UDCB, parcel lines, and buildings;

(E)

Location and dimension of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement and striping/marking; and

(F)

Any other site information requested by the director;

(12)

Elevations showing the appearance, materials, and dimensions of the UDCB, including the information required in this article to be placed on the UDCB and notice sign;

(13)

A description and/or diagram of the proposed locking mechanism of the UDCB;

(14)

A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the UDCB) that is sufficient to prevent/eliminate blight-related conditions; and

(15)

Any other reasonable information regarding time, place, and manner of UDCB operation, placement, and/or maintenance that the director requires to evaluate the proposal consistent with the requirements of this article.

(Ordinance 18-07-1093 adopted 7/3/18; Ordinance 18-12-1109, sec. 2, adopted 12/4/18)

Unless renewed as described in subsection (b), below, each UDCB permit shall expire and become null and void annually on the anniversary of its date of issuance.

A UDCB operator may apply for permit renewal by submitting to the city at least one month prior to the expiration of the active UDCB permit. The UDCB permit renewal application shall be made on a form provided by the city. All applications shall be filed with the city and shall include:

A signed agreement stating that the parcel owner/agent and operator will abide by all the processes and requirements described in this article;

Photographs of the existing UDCB;

Payment of a nonrefundable renewal permit fee as prescribed in appendix A;

A signed authorization from the parcel owner/agent to allow placement of the UDCB;

A signed acknowledgement of responsibility from the parcel owner/agent and the operator for joint and several liability for violations of this article;

Proof of general liability insurance of at least $1,000,000.00 covering the applicant’s UDCB and naming the city as an additional insured;

For nonprofit operators, evidence that the nonprofit is recognized by the Internal Revenue Service as such;

For for-profit operators, proof of an active business tax certificate;

(9)

The name, address, email, website (if available) and telephone number of the UDCB operator and parcel owner, including 24-hour contact information; and

(10)

The director shall either approve or deny the renewal of a UDCB permit within 30 days of receipt of a complete renewal application and payment of the renewal fee.

§ 24.11.009 Requirements for the approval and renewal of a UDCB permit.

The director shall approve the renewal of a UDCB permit if he or she finds that no circumstances existed during the term of the UDCB permit or existed at any time during the review of the application for renewal that are inconsistent with any criteria required for approval of a new UDCB permit as specified in section 24.11.009 of this article or that would justify the revocation of the UDCB permit as specified in section 24.11.017 of this article.

(Ordinance 18-07-1093 adopted 7/3/18; Ordinance 18-12-1109, sec. 2, adopted 12/4/18)

The director shall not issue a UDCB permit or renewal unless each of the following is true:

The applicant has submitted a complete and accurate application accompanied by the applicable fee;

There are no pending citations, unpaid fines or unresolved violations or complaints related to any UDCB managed by the proposed operator;

All existing unpermitted UDCBs that are managed by the proposed operator have been removed;

Any verified blight on the subject property has been abated and any case of a complaint to the city regarding blighted conditions on the subject property has been closed;

The application is consistent with all the requirements of this article; and

§ 24.11.010 Time limit for final decision.

For renewals, the site does not have a history of having nuisance conditions even if incidents of blight were abated. For the purpose of this subsection, “history of having nuisance conditions” means a notice of violation from the city has been sent to the applicant in the previous 12 months.

(Ordinance 18-07-1093 adopted 7/3/18)

The director shall provide a written decision regarding the placement of a UDCB within 30 days of the submission of a complete application for a UDCB permit. Failure of city staff to comply does not grant automatic approval.

(Ordinance 18-07-1093 adopted 7/3/18)

§ 24.11.011 Appeal and petition processes.

Appeal process.

Within ten calendar days after the date of a decision by the director on an application for a UDCB permit or a renewal of such, any appeal from said decision must be filed by the applicant or any other interested party. The appeal shall be submitted to the director. In the event the last date of appeal falls on a weekend or holiday when city offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the city and shall be filed with such department, along with a fee of $50.00 required by the city. The appeal application must be complete and shall state specifically wherein it is claimed there was an error or abuse of discretion by the director or wherein his or her decision is not supported by the evidence in the record. The appeal itself must raise each and every issue that is contested, along with all the arguments and evidence in the record, which supports the basis of the appeal; failure to do so will preclude the appellant from raising such issues during the appeal and/or in court.

If a hearing is held on the appeal, then during such hearing, the appellant will be limited to issues and/or evidence previously raised in the appeal application itself. The appellant shall not be permitted to present any other issues and/or oral, written and/or documentary evidence during the appeal process.

In considering the appeal, the city manager shall determine whether the proposal conforms to the requirements of this article, and may grant or deny a permit or require such changes in the proposed use or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said criteria. The written decision of the city manager shall be final and shall be made within 30 days of the submission of the appeal.

Petition process.

The applicant seeking placement of a UDCB which would be affected by this article and who contends that the ordinance as applied would be unlawful under and/or conflict with federal, state, or local law or regulation, must submit a petition to the city manager requesting relief from the ordinance. Petitions must be on the appeal form provided by the city and submitted to the city manager. Failure to submit such a petition will preclude such person from challenging the ordinance as applied in court. The petition shall identify the name and address of the applicant and property owner, the affected application number, and shall state specifically and completely how the ordinance as applied would be unlawful under and/or in conflict with federal, state, or local law or regulation, and shall include payment of fees required by the city. Failure to raise each and every issue that is contested in the petition and provide appropriate supporting evidence will be grounds to deny the petition and will also preclude the petitioner from raising such issues in court.

If a hearing is held on the petition, then during such hearing, the petitioner will be limited to issues and/or evidence previously raised in the petition itself. The petitioner shall not be permitted to present any other issues and/or oral, written and/or documentary evidence during the petition process.

Within 30 calendar days of receipt of the completed petition, the city manager, or designee, shall mail to the applicant a written determination accepting or rejecting the petition. The written decision of the city manager is final. The city manager will utilize reasonable time, place and manner criteria to determine if the petition should be granted or denied consistent with this article. If the petition is granted, the city may impose reasonable time, place and manner-related conditions on the UDCB consistent with this article.

(Ordinance 18-07-1093 adopted 7/3/18)

§ 24.11.012 Location.

No UDCB shall be located within 1,000 feet from any other UDCB.

With the exception of areas described in subsection (c), below, UDCBs are only allowed to be located in the following zones, which are designated in the zoning maps and described in the city’s Zoning Code of Ordinances:

P/SP, LC, R, TC.

UDCB located in P/SP shall be exempted from the requirement listed in subsection (e)(2) of this section.

No UDCBs are permitted within 200 feet of: Betsy Road, Murphy Road, Farm to Market Road 544 (Plano Parkway), and McCreary Road.

A UDCB is only permitted on a lot that also contains a principal building that contains at least one operating business or other ongoing activity.

(e)

UDCBs are prohibited within any of the following locations:

Required building setback, landscaping, buffer yard, access easement, drainage easement, floodplain, driveway, required parking space, utility easement or fire lane;

500 feet from lots that are zoned or used for residential or mixed-use commercial purposes as designated in the city’s zoning maps, said distance shall be measured from lot line to lot line;

The public right-of-way and 30 feet of the public right-of-way;

10 feet from any property line; or

(f)

UDCBs cannot block or impede access to:

Required parking or driveways;

Pedestrian routes;

Emergency vehicle routes;

Building ingress and egress;

Required handicapped accessibility routes;

Required easements;

Trash enclosure areas or access to trash bins/trash enclosures; or

Traffic nor visually impair any motor vehicle operation within a parking lot, driveway, or street.

(g)

UDCBs cannot impede the functioning of exhaust, ventilation, or fire extinguishing systems.

(h)

No more than one UDCB is permitted per parcel, except that if more than one school occupies a parcel, each school will be allowed one UDCB. A UDCB is only permitted on a lot that is platted. In the case of a shopping center or office development that consists of multiple platted lots, the director shall treat the shopping center or office development as if it is one contiguous lot.

(i)

The donation/collection area must be no more than ten feet from a continually operating light source of at least one (1) footcandle.

(Ordinance 18-07-1093 adopted 7/3/18; Ordinance 19-02-1114, sec. 2.01, adopted 2/5/19)

§ 24.11.013 Physical attributes.

UDCBs shall:

Be fabricated of fireproof steel sheeting capable of preventing leaked or seeping materials;

Be placed on ground that is paved with durable cement;

Not exceed seventy-two (72) inches high, seventy-two (72) inches wide and sixty (60) inches deep;

Not be electrically or hydraulically powered or otherwise mechanized;

Not be a fixture of the site or considered an improvement to real property;

The color and associated signage shall not be high-intensity or fluorescent; and

Have the following information conspicuously displayed on at least two-inch type visible from the front on the UDCB:

(A)

The name, address, 24-hour telephone number, and, if available, the internet web address; and email address of the owner and operator of the UDCB;

(B)

The type of material that may be deposited;

(C)

A notice stating that no material shall be left outside the UDCB; and

(D)

A city-approved identification system that identifies the UDCB as being properly permitted by the city.

Any disclosure required by law, including the Texas Business and Commerce Code 17.921 et. seq., as amended must be conspicuously displayed in at least two-inch (2"), upper-case type on each side of the UDCB.

(Ordinance 18-07-1093 adopted 7/3/18; Ordinance 19-02-1114, sec. 2.02, adopted 2/5/19)

§ 24.11.014 Maintenance.

No blight shall be within 30 feet of the UDCB including, but not limited to donation/collection overflow, litter, debris, and dumped material.

UDCBs shall be maintained and in good working order. Items to be repaired, removed, and/or abated include, but are not limited to graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.

UDCBs shall be serviced not less than biweekly between 7:00 a.m. and 7:00 p.m. on weekdays and between 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes the removal of donated/collected material and abatement of the blight described in this section.

The operator shall maintain an active email address and a 24-hour telephone service with recording capability for the public to register complaints.

(e)

UDCBs cannot be used for the collection of solid waste and/or any hazardous materials.

(Ordinance 18-07-1093 adopted 7/3/18; Ordinance 19-02-1114, sec. 2.03, adopted 2/5/19)

§ 24.11.015 Liability.

Operators, property owners, and agents shall maintain a minimum general liability insurance of $1,000,000.00 for the duration of the operation of a UDCB at each site, to cover any claims or losses due to the placement, operation, or maintenance of the UDCB and naming the city as additional insured. Proof of naming the city as additional insured shall be provided upon request by the city.

(Ordinance 18-07-1093 adopted 7/3/18)

§ 24.11.016 Indemnity.

Operators, owners, and agents shall indemnify and hold harmless the city, its officers, agents, and employees from any and all liabilities, demands, actions, losses, damages, and costs resulting from UDCB operations and maintenance. This indemnification shall cover the costs of defense for claims resulting from the use or occupancy of the city properties or rights-of-way, including but not limited to claims, liabilities and actions based upon acts or omissions of negligence of not only operators, owners, and agents, but also the city, its officers, agents, and employees resulting from operator’s activities within the city limits. Upon demand, operators, owners, and/or agents shall, at their expense, provide the required defense to the city, its officers, agents, and employees, through competent legal counsel acceptable to the city.

(Ordinance 18-07-1093 adopted 7/3/18)

§ 24.11.017 Compliance process.

Whenever the director determines that a UDCB with a valid permit does not conform to any requirement in this article he/she shall promptly notify the parcel owner/agent and UDCB operator through electronic mail of the violation. The violation must be abated and proof of such submitted to the city within 24 hours after receipt of such notification.

If an UDCB does not have a current, valid permit, then both the UDCB and any blight within 20 feet of the UDCB shall be removed within 24 hours after the parcel owner/agent or UDCB operator is notified of the violation.

The property owner or owner’s agent shall have the right to rescind consent for a UDCB to be placed on the property, provided written notice of the rescission is provided to the UDCB operator and the city, and the UDCB shall be removed from the property within 24 hours of such rescission.

Each day that a violation of a requirement of this article is not abated constitutes a new and separate offense.

(e)

Any UDCB located within the jurisdiction of the city that does not have a current, valid permit shall be subject to impoundment by the city. Any UDCB impounded by the city shall be released to the owner upon payment of all applicable impoundment and storage fees.

(f)

Any permit issued hereunder may be revoked by the director if the permit holder has received 3 notices of violation for violations of this article or any other provision of this code within a 12 month time period or has knowingly made a false material statement in the application or otherwise becomes disqualified for the issuance of a permit under the terms of this article.

Notice of the revocation shall be given to the permit holder in writing, with the reasons for the revocation specified in the notice, served either by personal service or by certified United States mail to their last known address. The revocation shall become effective the day following personal service or if mailed, 3 days from the date of mailing.

The permit holder shall have ten 10 days from the date of such notice of revocation in which to file notice with the director of their appeal from the order revoking said permit. The director shall provide for a hearing on the appeal not later than 15 days after the notice of the appeal is filed.

Any appeal of revocation pursuant to this section shall stay the revocation until said revocation is finalized.

If the revocation is affirmed, the permit holder shall remove said UDCB no later than 24 hours after said final decision. Upon expiration of this 24 hour grace period, the UDCB shall have a noncompliant status and be subject to immediate impoundment by the city without further notice.

In the event the permit of any permit holder is revoked by the director, no additional permit shall be issued to such person within one year of the date such permit was revoked.