Loading...
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. Page 2 Ordinance No. 82- 19 i 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. 1W Page 3 Ordinance No. 82- 19 1W (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 i 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. Page four 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. ,I (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: Page 5 + Ordinance No. 82- 19 I (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). i c. Department of Natural Resources (DNR) Permit(s). d. Environmental Assessment Worksheet (LAW) and Environmental Impact Statewent (E.I.S.), if required. I 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. i f. Compliance with approved monitoring and reporting procedures. g. Conditional Use Permit renewal requirements. I h. Utilization of principal arterial roadways for access routes. I I. Two independent emergency access/escape routes through other than residential areas. I 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. I 1 I I I i 'i i I !I Page 6 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. Page 7 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. i 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. 4 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. Page 8 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 a