Holden Beach Property Owners Association

From an email to our members:

URGENT UPDATE

Holden Beach Trash and Solid Waste

There is a new Holden Beach town ordinance for trash pick-up that went into effect December 19, 2018!

Holden Beach Property Owners Association (HBPOA) strongly recommends that you read the ordinance and consider how it will impact your situation.  A summary of the changes is listed below.

Click to read the ordinance

It isn’t often that a new ordinance will touch every property owner, but this one does and brings many changes and questions.  HBPOA has heard a lot of concerns about the new ordinance and we have shared these concerns with the Commissioners in writing, at the Board of Commissioners meeting and in person.

HBPOA recognizes that trash containers should not be on the edge of the road for long periods of time.  It is unsightly for owners and visitors and blocks the line of sight for drivers.

We also recognize the vast majority of property owners may not be able to meet the timing requirements of the new ordinance (i.e., 89% of property owners don’t live on the island).

Trash Ordinance Highlights

• All trash containers should be secured in such a manner either next to non-elevated or underneath elevated houses, except on collection days when they are to be placed at street side, so that the town street right-of-way remains clear of empty containers, and so that containers are not damaged or overturned by high winds or other occurrences.
  Containers will be located at street side no earlier than 6:00 p.m. the evening before designated collection days during the summer rental season.
• For the rest of the year, containers will be located at street side no more than 48 hours before the designated collection.
• All containers should be returned to the normal house-side storage location by 6:00 p.m. the day after collection.
• Any property found in violation shall be subject to a civil fine of $50 per offense. Fines will start May 1, 2019.

Commissioners have decided that a trash container roll-back service will be provided to all homes, not just Ocean Blvd.  Though the cost for the service has not been determined, it would come from property taxes and BPART taxes.

Commissioners are giving consideration to a trash container roll-out service. No decision has yet been made.

Commissioners are now looking at forcing property owners to remove their existing trash container racks or corrals.

As always, you can send us an email at [email protected] if you would like for us to ask a question or follow up on an issue.

We also suggest you share any concerns or support with your Holden Beach Board of Commissioners.

** J. Alan Holden, Mayor              [email protected]        910-842-6061

John Fletcher, Mayor Pro Tem     [email protected]                910-508-6849

Joe Butler, Commissioner            [email protected]       910-846-2185

Peter Freer, Commissioner          [email protected]                     704-905-4429

Pat Kwiatkowski, Commissioner  [email protected]                    910-846-4040

Mike Sullivan, Commissioner      [email protected]                     614-961-7056

** Mayor Holden does not vote on matters before the Board of Commissioners unless there is a tie vote due to the absence of a Commissioner at a meeting.

Where Your Trash Bin Can Be Kept

The “intent” is for trash containers to be under the house or alongside houses that have the ground floor enclosed.  This is the reason the Board of Commissioners is now looking at forcing property owners to remove their corrals.  The stated reasons for this are that the garbage smells and walkers/bikers can smell it in the corrals and that the cans are more secure from wind under/beside the house.

Concerns: 

• Trash does smell, which is why some owners want the containers in a corral away from their house.
• The containers in the corrals are more secure from storms than when unsecured under a house.  This is especially true for oceanfront homes.
• Many owners do not want the trash near their house because renters/guests occasionally dump hot ashes from grills or live cigarette butts in the trash.  They are concerned about the fire hazard with the containers under the house and feel it is safer away from the structure.
• Trash near the home can attract pests such as insects and wildlife.
• Some homes use all the space under the homes for parking, taking a spot for trash containers violates the parking plan submitted when the home was built.
• Some owners feel the racks or corrals work for them and their guests, they have used them for a long time and are happy with the arrangement.
• It is unclear that the Town can tell an owner where to keep their cans unless it in the right-of-way, it is unclear that the Town can insist you remove your trash corral because it is not a structure, no permit was required to build it.  Ironically, in the late 1990’s the Town encouraged owners to build corrals as a solution to the trash problems at that time.

Fines

Violators will be fined $50 per day and each day constitutes a separate offense.  Fines will be the responsibility of the property owner.  Fines will not start until May 1, 2019.

Concerns:  

• Owners with rental properties cannot control when cans are rolled out.
• Non-resident owners typically roll their trash to the curb before returning home to their primary residence. The suggestion that they take their garbage home with them is not sanitary or practical.
• Service providers and contractors often roll trash containers out if they have filled them while working.
• Owners have returned from being away and found that their trash containers were used by others and were rolled out.
• The ordinance was approved without a solution in place. The Commissioners are addressing roll-back, but not roll-out.  They are placing the burden on the property owners to find a way to comply with the ordinance, or be fined.  They believe strong enforcement and penalties will make the property owners come up with a solution.

Other Concerns

• Rolling back full trash containers: the Town is planning to change the roll-back service to roll back full trash containers that were not placed at the curb in time for pickup.  As a result, the full trash container might sit under the house for an extended period of time (i.e., until the next time someone occupies the house).
• Lack of notification and lack of communication:  the Town has not let people know about the ordinance change.  Property owners need time to address these changes.
• Expense to the Town and impact on taxes:  Besides covering the expense of roll-back, additional funds will need to be spent on enforcement prior to and after each trash pick-up.
• Lack of other attempts to correct:  A better method might have been education first instead of an ordinance that some cannot follow and will incur fines.

Last Tuesday, the Board of Commissioners passed the new solid waste ordinance by a vote of 4-1 (Freer: No; Kwiatkowski, Sullivan, Fletcher, Butler: Yes).  The revised ordinance no longer contains criminal penalties, but does still contain the following items that will affect all property owners:

• Trash containers must be street-side no earlier than 6:00 PM the evening before collection during the summer rental season, and no earlier than 48 hours before collection during the rest of the year
• All containers must be returned by 6:00 PM the day after collection
• The penalty is $50 per day
• For properties needing three or more containers (i.e., rental houses with five or more bedrooms) a recycling container can substitute for one of the trash containers
• The ordinance was effective the day after the meeting (i.e., last Wednesday)

Click here to view the new Solid Waste Ordinance 18-16.  Click here to view the HBPOA statement made at the beginning of the meeting prior to the vote.

The Town plans to make arrangements for island-wide rollback services, but nothing new is currently in place.  We assume that the rollback services are still in place for Ocean Blvd.

We will keep you informed of any new developments.  We recommend you contact the commissioners directly regarding any questions or concerns.

The Town of Holden Beach Board of Commissioners will meet Tuesday, December 18 for a Special Meeting at 10:00 AM and hold their regular monthly meeting at 7:00 PM.

The Special Meeting is about changes to how Solid Waste (trash and recyclables) are handled and how to charge for roll-outs and roll-backs. Click here for the Special Meeting Packet

HBPOA strongly encourages our members to read the proposed ordinance and Roll-back information included in the Special Meeting Packet and determine how these changes would apply to your situation.  Note that there would be fines for rolling your cans out early or not rolling back in a timely manner.  The current trash can roll-back along Ocean Boulevard is being eliminated and may be replaced with a new service, though that is still under discussion as is how to pay for the service.  Other changes are also proposed.

Highlights at the evening regular meeting include a possible vote on the changes to the Solid Waste ordinance and implementing new roll -out and -back fees for trash cans, as well as hiring a lobbyist, and discussing the Lockwood Folly dredging issues.   Click here for the meeting packet.

HBPOA will be at both meetings and an update of the changes will be included in the monthly Commissioners Meeting Summary.  If you have questions or comments about the ordinance you may contact HBPOA at [email protected] or the Commissioners by clicking here:  Commissioner Contact Information

Membership Appreciation Breakfast

The Town of Holden Beach Board of Commissioners will meet Tuesday, October 23 for their regular monthly meeting.  Highlights include possibly hiring a consultant for the Town, repaving West Brunswick Ave., building a second water tower, changing recycling and trash pick-up, modeling the Lockwood Folly Inlet, and the Sewer and Water Development Fee.  Click here for the agenda and meeting packet. 

Did you get the letter from the Town about the Public Hearing on adopting the Flood Maps?  Homeowners have been waiting for these new maps since they were first presented in 2014 because 92% of the properties on the island will have a better flood rating.  Many VE properties will even change to AE, resulting in lower flood insurance premiums when your policy renews after August 28!   The public hearing is required by law for the Town to adopt the maps.

Check Your Property’s Flood Map Changes

You can check to see what the new flood maps for your property will be by clicking here.  Zoom in to your property and you can determine what your current designation is.  Click on your home and get all the details on the right side of your screen.  Use the drop-down menu in the top right corner to change from Effective to Preliminary.  This is what your new flood rating will be.  Again, click your home to see the changes.  Many properties go from a VE designation to AE – which will significantly lower insurance premiums.  Most properties also have a lower Base Flood Elevation (BFE) which will also lower premiums.

Another factor for homeowners looking to do renovations is that the lower BFE will make this easier and less expensive.