HomeMy WebLinkAboutCity Council Ordinance 1982-19CITY OF PLYMOUTH
ORDINANCE NO. 82-19
AN ORDINANCE AMENDING PORTIONS OF ORDINANCE NO. 80-09, ADOPTED DUNE
16, 1980 AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF PIYMOUTH DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Amendment of Ordinance. SECTION 4, Subdivision
B is hereby amended by the addition of the following:
Hazardous Waste -- any refuse or discarded material or
combinations of refuse or discarded materials in solid, semi-solid,
liquid, or gaseous form which cannot be handled by routine waste
management techniques because they pose a substantial present or
potential hazard to human health or other living organisms because
of their chemical, biological, or physical properties. Categories
of hazardous waste materials include, but are not limited to:
explosives, flammables, oxidizers, poisons, irritants, and
corrosives.
i Hazardous Waste Facility -- ail property, real or personal,
including negative and positive easements and water and air rights,
which is or may be needed or useful fo- the processing, disposal,
I and/or transfer/storage of hazardous waste, except property used
primarily for the manufacture of scrap meal or paper. Hazardous
waste facility includes but is not limited to transfer/storage
j stations, processing facilities, and disposal sites and facilities.
I Section 2. SECTION 8, Subdivision D is hereby amended by the
addition of the following:
f. Hazardous Waste Facilities as regulated in Section 9.
Section 3. SECTION 9, is hereby amended by the addition of the
following:
Subdivision D - HAZARDOUS WASTE FACILITIES
1. Purpose.
The provisions of this Section of the Zoning Ordinance are
intended to provide the guidelines and requirements for the
development and operation of hazardous waste facilities
which the City Council by Resolution may authorize as
conditional uses when such facilities are allowed by this
Ordinance to protect the health, safety, and welfare of the
community and to assure harmony with the Comprehensive Plan
of the City.
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Ordinance No. 82- 19
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2. Application Requirements.
Applications for d Hazardous Waste Facility Conditional. Use
Permit shall be made by the owner or owners of the property
arid shall be filed with the Zoning Administrator. Owners
may designate, in writing, an agent, such as the
prospective developer or operator; the owner must, In all
cases, sign the application. All applications shall be
accompanied by an administrative fee as prescribed by City
Code arid shall Include the following:
a. A description of the proposed use and of its conformance
with the Conditional Use Permit standards as set forth in
Section 9, Subdivision A, arid with the standards as set
forth in this Subdivision.
b. A legal description of the site, including Hennepin County
Property Identification Number(s).
c. A map showing the site and all property within 1,000 feet
of the boundaries of the site.
d. The names and addresses on self-adhesive mailing labels of
the owners of record of all property within 1,000 feet of
the boundaries of the site as the same appear on the
records of the Hennepin County Auditor. The certified
list from the County shall he submitted.
e. A complete site plan, as described in Section 11; to
Include the following data:
(1.) Site and Environmental Characteristics for the pro-
perty and land within 1,000 ft. of the Site.
(a.) Existing Vegetation.
(b.) Hydrology/Hydraulics; seasonal high water
table; and proximity to aquifer(s).
(c.) Physiography arid Topography, and slopes (2 foot
Intervals).
(d.) Existing land uses.
(e.) Microclimate (a description of wind impact upon
terrain arid slopes) .
(2.) Transoortation
(a.) A route plan to and from site including hours
of use.
(b.) Road and rail (on and off-site) security, and
turnaround time.
(c.) Method of construction and financing of road or
other transportation facilities, If applicable.
(3.) City Utilities.
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Ordinance No. 82- 19
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(a.) Availability of City sanitary sewer arid water.
(b.) Method of utility construction and financing,
If applicable.
(4.) Building Design and Special Equipment.
(a.) Floor plan layout for all levels Identifying
use arid occupancy of .,11 defined areas arid
rooms.
(b.) Location and description of equipment utilized
in handling, processing and containment of
hazardous wastes.
(c.) Description of automatic shut -down system and
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controls, if applicable.
(d.) Description of standby power arid fuel sources
arid supplies.
(e.) Equipment inspection arid replacement plans.
(f.) Location arid description of any proposed
accessory equipment external to the building.
(5.) Development and Operation Schedule.
(a.) Schedule of sii.- development and building
construction.
(b.) Schedule of commencement of operation.
(c.) Schedule of compliance with the appli-
cable State and Federal requirements.
f. Description of Facility Management and Operations,
including, but riot limited to the following:
(1.) Operation of Facility.
(a.) A description of the process (incineration,
chemical processing, disposal, and/or transfer
and storage).
(b.) Plan for handling ruptures, spills, and the
like (on-site and enroute to and from site for
roadways arid railroads).
(c.) Hours of operation.
(d.) Number of employees (total and at maximum
shift).
(e.) Site maintenance plan.
(f.) Operations monitoring plan (standards,
procedures, personnel and the like).
(2.) Emergency Preparedness Plans.
(a.) List of available emergency equipment with
location identified.
(b.) Evacuation and emergency alert plan for the
facility and for the surrounding area.
(c.) Emergency training plan for facility employees
at time of initial hiring and during continued
employment; arid, for public safety personnel of
the City and area communities which provide
support services through Mutual Aid Agreements.
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Ordinance No. 82- 19
(d.) Coordination plans with applicable area public
safety and health care agencies.
(e.) Waste containment plan.
(3.) Pollution Control. Mitigative measures for odor,
noise, surface and ground water, and air pollution.
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(4.) Reclamation Pian.
(a.) A long-term site and building maintenance plan
for facility should operation cease.
(b.) Plan Identifying how site and facility could be
utilized by and converted to other allowable
land uses.
(5.) Operator Credentials.
(a.) Operator's management experience with
comparable hazardous waste facility.
(b.) Operator's net worth, and bonding capacity;
demonstrating compliance with Federal standards
as set forth in Code of Federal Regulations
(CFR) 40, Parts 123, 2649 and 265.
(c.) References from persons familiar with
operator's hazardous waste facility management
experience.
(d.) Evidence of permit application submittal to
applicable State and/or Federal agencies.
(6.) Environmental Assessment Worksheet - as defined by
and on forms provided by State Environmental Quality
Board.
3. Procedure
Before any hazardous waste facility may be approved, the
complete application shall be evaluated in the following manner:
a. The complete application shall be referred to qualified
consultants selected by the City for evaluation as to
compliance with applicable State and Federal regulations; i
and as to consistency with accepted standards of the
particular activity or industry represented and proposed.
All costs incurred for this review shall be paid by the
petitioner who shall execute a written agreement therefor,
and shall provide a cash escrow, to be determined by the
City, to pay all consultant review and analysis fees as set
forth in the agreement.
b. Upon receipt of the consultant's report, the findings of the
Environmental Assessment review process and upon preparation
of the City Staff Report, the application shall be referred
to the Planning Commission for:
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Ordinance No. 82- 19
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(1.) Evaluation as to compliance with the standards for
Conditional Use Permits aL defined In Subdivision A
of this Section;
(2.) Evaluation as to compliance with the standards set
forth In this SubdivIsion;
(3.) Consideration of public hearing testimony;
(4.) Development of a recommendation to the City Council,
which shall make the final determination as to
approval or denial.
4. Development Standards and Performance Criteria.
The Development and operation of a hazardous waste facility
shall be subject to the applicable following special standards
and criteria:
a. Pollution Control Agency (PCA) Permlt(s).
b. Federal EnvironmenLal Protection Agency (EPA) Permit(s).
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c. Department of Natural Resources (DNR) Permit(s).
d. Environmental Assessment Worksheet (LAW) and Environmental
Impact Statewent (E.I.S.), if required.
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e. Submittal and maintenance of performance agreements and
financial guarantee' as required by this Ordinance and City
Council policy and conditions. The performance agreements
and supporting financial guarantees shall, at a minimum,
cover the following: completion of required site improve-
ments; emergency clean-up and correction activities specs-
fying a minimum time for the commencement of such activities
by the operator, after which the City may Initiate and
complete appropriate clean-up and corrective activities;
and, closure and post -closure activities.
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f. Compliance with approved monitoring and reporting
procedures.
g. Conditional Use Permit renewal requirements.
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h. Utilization of principal arterial roadways for access
routes. I
I. Two independent emergency access/escape routes through other
than residential areas.
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j. Minimum 1,000 ft. setback to storm water holding areas,
natural drainage facilities, and wetlands. {
k. All storm water run-off shall be held In on-site ponding
prior to release Into natural drainageways, or the munici-
pal storm drainaye system.
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Ordinance No. 82- 19
1. No outside storage of materials, containers, or trash
disposal facilities.
m. All loading or unloading of hazardous waste materials within
buildings.
n. Compliance with applicable policies and regulations relating
to development, operation and closure/conversion.
o. Current inventory of hazardous waste materials, by ty-e and
location, posted at main entrance of site.
P. Maintend!.ce and continued implementation of approved
emergency trainiwg programs for all employees at the time of
Initial hiring, and during continued employment; the
training program shall be reviewed at least quarterly as
to whether they are current in terms of state-of-the-art
emergency procedures and techniques; training programs shall
also be maintalped and implemented for public safety
personnel of the City and of area communities who provide
supplemental services to the City by Mutual Aid Agreements.
q. Maintenance of approved emergency preparedness plans to
include provisions for alerting applicable agencies and area
property owners; and provisions for emergency evacuation of
the facility and of the surrounding area.
r. Required emergency clean-up and corrective operations shall
be promptly undertaken and completed; the City Council may
establish, as a condition of the permit, a specific
reasonable time frame for the commencement and completion of
such activities; irr the event of noncompliance, the City may
Initiate appropriate procedures as set forth in performance
agreements and financial guarantees to initiate and complete
the required work at the operator's expense.
5. General Regulations
a. Rules and Regulations:
The Planning Commission and City Council may from time to
time amend or vary the application and review procedures and
the quantity and type of documents to be presented.
b. Plan Changes:
The Zoning Administrator may authorize minor changes in the
location, placement and height of structures after the Final
Site Plan has been adopted; however, any change in use and
any major change shall be made only after public hearing by
the Planning Commission and approval by the City Council.
The Zoning Administrator shall determine what constitutes a
major change.
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Ordinance No. 82- 19
C. Certification of Plans:
All architectural and engineering plans shall be designed
and certified by a professional architect or engineer
registered in the State of Minnesota. The site plans may be
prepared by a professional site planner, but must be certi-
fied by a registered engineer or architect.
d. Review:
If the development is not progressing reasonably well,
according to schedule, the owner may be required to submit a
statement to the Zoning Administrator setting forth the
reasons for the lack of progress. If the Council finds
that the development has not occurred according to the
established development schedule or is not otherwise
reasonable in the view of the Council, the Council may
revoke the Conditional Use Permit and all development shall
cease until a revised schedule is approved.
e. Withdrawal:
The application far a Hazardous Waste Facility Conditional
Use Permit may be withdrawn by the applicant at any time
during the approval process.
f. Miscellaneous:
Signs, parking facilities and any other provisions not
specifically discussed in this Section shall be governed by
regulations contained elsewhere in this Ordinance or In
other applicable ordinances, laws, or regulations.
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6. Enforcement.
The Zoning Administrator shall be responsible for assuring that
Hazardous Waste Facilities authorized by the City Council are in
compliance with conditions assigned by the permit, this f
Ordinance and City Codes, and other applicable regulations.
Enforcement shall be as set forth in Subdivision A of this
Sect ion.
7. Review and Renewal.
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Hazardous Waste Facilities which have been authorized by the
City Council are subject to periodic review by the Zoning
Administrator. Those permits which specify periods of review i
and renewal as a condition of the permit shall be administered
In the manner set forth in Subdivision A of this Section.
8. Revocation.
The Planning Commission may recommend, and the City Council may
direct the revocation of any Hazardous Waste Facility
Conditional Use Permit for cause, upon determination that the `
authorized conditional use is riot in conformance with the
conditions of the permit or is in continued violation of this
Ordinance, City Codes, and other applicable regulations, as set
forth in Subdivision A of this Section.
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Ordinance No. 82- 19
9. Permit Amendment.
Persons to whom Conditional Use Permits for Hazardous Waste
Facilities have been issued may propose amendments to the
permit at any time subject to the requirements and procedures
for permit amendment as set forth In Subdivision A of this
Section.
10. Expiration.
a. Permits which have been issued under the provisions of this
Section shall expire without Further action by the Planning
Commission or the City Council, unless the applicant
commences the authorized use within one year of the date
the Cunditional Use Permit Is issued; or, unless before the
expiration of the one year period, the applicant shall
apply for an extension thereof by completing 6:id submitting
a request for extension, including the renewal fee as set
forth in the City Code.
b. In any Instance, where an existing and established
Hazardous Waste Facility Is abandoned or closed for a
period of six months, the Conditional Use Permit related
thereto shall expire six months following the date of
abandonment or closure as determined by the Zoning
Administrator.
c. In the case of abandonment or closure, the terms of
required agreements related to closure and postclosure,
Including related financial guarantees, shall be
Implemented and enforced in accordance with applicable
policies, codes, and regulations as directed by the City
Council.
Section 4. Effective Date. This Ordinance shall take effect upon
its adoption and publication.
Adopted by the City Council the
ATTEST
Laurie Houk, City Clerk
2nd day of August _ , 1982.
DDpAavenp t, Mayor
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