21.20.090 Waiver of fees.
A.
1. The Borough will waive the fee to residents of the Borough who bring minor loads of residential nonhazardous solid waste to the landfill. For the purpose of this subsection, loads of residential nonhazardous waste brought to the landfill from a residence in a passenger vehicle, a pick-up truck, or a trailer with two wheels and a single axle or four wheels and a double axle will be considered minor loads.
2. The Borough will waive the fee to residents of the Borough who bring loads of residential recyclables and for minor commercial loads brought to a recycling facility. For the purpose of this subsection, loads of commercial recyclables brought to a recycling facility from a passenger vehicle, pick-up truck, or trailer with two wheels and a single axle will be considered minor commercial loads.
3. The Borough will waive the fee to volunteer clean-up groups or to persons with an approved clean-up plan for properties with an active code complaint or citation for violations of FNSBC Title 18 relating to junk, junkyards, or outside storage and who bring residential nonhazardous solid waste to the landfill pursuant to a Borough issued volunteer clean-up waiver.
a. Application for Volunteer Clean-Up Waiver. An applicant for a volunteer clean-up waiver shall complete and submit the approved application form in accordance with the procedures established herein. The written consent of the owner, or an authorized representative having power of attorney, shall accompany all applications. The application shall also include the following information:
i. The legal and common description of the property.
ii. The property’s present zoning classification.
iii. Recent photos taken from a public right-of-way allowing the Borough to determine that the property is in violation of FNSBC Title 18 regulations for outside storage, junk or junkyards.
iv. A clean-up plan approved by the Planning Director.
b. Issuance. The Director of Community Planning may issue a volunteer clean-up waiver if they find that the property is in violation of FNSBC Title 18 regulations for outside storage, junk or junkyards and that there is a direct benefit to the Borough expected to result from the clean-up. In determining whether to grant a waiver, the director may consider various factors including, but not limited to:
i. The number of code enforcement complaints made on the property and whether there is an active code enforcement case on the property.
ii. How visible the property is from the public right-of-way and the number of Borough residents who regularly pass by the property.
iii. Whether the property is located within 500 feet of any school building, hospital, public building or residentially zoned land adjacent thereto.
c. Waivers in this subsection shall be available only to the extent that funds are appropriated for this purpose. If the applications exceed available appropriations, approvals will be on a first-come, first-served basis.
B. Any Internal Revenue Code Section 501(c)(3) or 501(d) nonprofit organization that accepts clothing, furniture, or other items of personal property, on a year-round basis and sells those items of personal property to raise funds for the organization’s services, or distributes those items of personal property to persons in need, shall be exempt from paying fees on that personal property that is in such disrepair that it cannot be resold and must be transported to and disposed of or recycled at a solid waste facility.
C. The Borough Mayor may waive fees for materials brought to a solid waste disposal facility for:
1. Borough recycling or hazardous waste disposal programs.
2. Community cleanup activities.
3. Recyclables from educational programs, community events, and other activities that promote and educate the community on recycling.
4. Debris from private residences in the Borough damaged by fire if there is no reimbursement for such waived fees from any other source.
5. Materials removed from deteriorated property, as defined in FNSBC 8.04.010, during the course of rehabilitation, repair, construction, reconstruction, renovation, demolition, removal, or replacement of any structure on such property when there is a direct and primary benefit to the public to waive fees.
D. All other loads will be considered commercial and will be charged the applicable fee on the entire load. (Ord. 2021-37 § 2, 2021; Ord. 2019-18 § 8, 2019; Ord. 2005-26 § 4, 2005; Ord. 99-006 § 2, 1999; Ord. 94-085 § 2, 1994; Ord. 94-074 §§ 2, 3, 1994; Ord. 93-002 § 3, 1993; Ord. 91-056 § 2, 1991. 2004 Code § 8.12.055.)