HomeMy Public PortalAbout129-1984 - ORDINANCE AMENDING ARTICLE 25 OF CHAP 154AMENDED GENERAL ORDINANCE NO. 129-1984
AN ORDINANCE AMENDING ARTICLE 25 OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING
ORDINANCE NO. 2325-1967, CO1,1MDNLY KNOWN AS THE ZONING ORDINANCE OF THE CITY
OF RICHMOND, INDIANA.
WHEREAS, it is the intent of this Ordinance to amend Article 25 of Chapter
154 of the Municipal Code; and,
WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan
Commission the 18th day of December, 1984, at which time remon-
strances were heard from all parties interested in or affected by
this Ordinance; and,
WHEREAS, the vote of the City Plan Commission was seven (7) to zero (0) in
favor of recommending the passage of Ordinance No. 129-1984.
NOW TFFJUKF'ORE BE IT ORDAINED by the Common Council of the City of Richmond,
Indiana as follows:
SECTION 1. That Article 13 shall be amended by adding Article 13.108 as
follows:
ti
13.108 Sanitary Landfill:
A method of disposing of non -hazardous waste refuse or
material into the land without creating a nuisance or
hazard to public health and safety. No sanitary land-
fill shall be established, operated or maintained with-
out first obtaining the appropriate permits from the
Indiana Environmental Management Board.
SECTION 2. That Article 25 shall be amended by adding Article 25.019 as a
Special Use as follows:
25.019 Sanitary Landfill
25.0191 Required Application: Any petition requesting Special Use
rezoning and authorization for a sanitary landfill shall be
accompanied by an application consisting of the following:
1. A site plan of the proposed site and adjacent areas
necessary to depict locations of all existing and pro-
posed on -site roads, water courses, surface water,
existing and proposed building, soil boring locations,
rock outcroppings, surface water runoff direction,
fencing, and present land surface contour at intervals
of no more than five (5) feet.
2. A second site plan to include land surface contours at
intervals of no more than five (5) feet; storm water
drainage during operation; portions of the site where
refuse wll be deposited, showing method of operation
and direction it will proceed; depth, length, and
width of trenches, if used; depth of lifts and size
of working face; portions of the site to be used only
for the acquisition of cover soil; location and type
of existing tree and plant growth along the property
line intended to serve as screening; location and type
of evergreen plantings to be planted and maintained to
serve as future screening; location and type of existing
and proposed utilities.
3. A third site plan to include final land surface con-
tours at intervals of two (2) feet, surface water runoff
direction, and storm water drainage after completion of
the operation.
AMENDED GENERAL ORDINANCE NO. 129-1984
Page 2
4. A narrative describing the proposed operation, including:
a. Population and areas expected to be served by the
proposed site.
b. Anticipated quantity, types and sources of material
to be deposited.
c. Name and address of party responsible for quality
of operation and maintenance of the proposed site.
d. Information as to soil and drainage conditions,
water tables and sub -surface characteristics as
determined by on -site testing or from earlier
reliable data.
e. A plan for the orderly development, operation and
completion of the sanitary landfill indicating
the phasing of the sanitary landfill operation
on the site.
f. Thickness of daily cover to be applied-
g. Thickness of final cover to be applied.
h. Source and type of cover material, for daily
and final cover.
i. Winter and inclement weather operating pro-
cedures.
j. The number of operating personnel on -site and
the operating records to be kept.
k. The supervision that is planned.
1. Procedures for handling of blowing paper.
m. Procedures for dust control.
n. Procedures to be used to avoid open burning.
o. Indicate 100-year frequency flood level in the
vicinity of this site. Construction in the 100-
year floodway must have approval of the Natural
Resources Commission in addition to approval by
the Board. Plans should be subcdtted simultaneously
to both agencies.
p. Equipment maintenance facilities.
q. Proposed methods of control for rodents, flies,
mosquitoes, and other vectors.
r. Distance from the site to the nearest dwelling and
a count of the number of dwellings surrounding the
sanitary landfill site within one-half (z) mile of
the site as measured in all directions from the
sanitary landfill property line.
s. Proposed leachate control measures.
t. Proposed erosion and sedimentation control measures.
u. Proposed groundwater and gas monitoring measures.
V. Proposed seeding and fertilization type and applica-
tion rate for the establishment of vegetation cover
on final cover areas.
AMENDED GENERAL ORDINANCE NO. 129-1984
Page 3
w. A plan and schedule for site restoration and com-
pletion indicating the proposed land use after
project completion.
x. A plan indicating the location of all plant zoreen—
ing areas indicating plant species and plant
spacing and elevation drawings showing at five (5)
year intervals for twenty (20) years after planting
the growth and dimension of the proposed trees and
shrubs.
25.0192 Site and Operational Plan: The site plans and operational
narrative required in Article 25.0191 and submitted as the
application requesting the Special Use Zoning District shall
be approved by the Commission as the Site and Operational Plan
for the sanitary landfill. The sanitary landfill shall be
established, operated and maintained pursuant to said Site
and Operational Plan. There shall be no deviation from said
Site and Operational Plan except in those instances required
by the State Board of Health or the Indiana Environmental
Management Board.
25.0193 General Requirements: No sanitary landfill shall be established,
operated or maintained without first obtaining the appropriate
permits from the Indiana Environmental Management Board. The
continued operation and maintenance of a sanitary landfill shall
be pursuant to said permits and shall be in conformance with
the Indiana Administrative Code Title 330, and all other rules,
regulations and requirements of the Indiana Environmental Manage-
ment Board and/or the Indiana State Board of Health.
25.0194 Minimum Area Requirements: The minimm site area for a sanitary
landfill shall be one -hundred (100) acres.
25.0195 Site Accessibility: The sanitary landfill site shall be accessible
frcu a street designated by the Public Development Plan as a pri-
mary or secondary thoroughfare. All access drives providing an
entrance or exit for the sanitary landfill shall be paved for a
distance of two -hundred (200) feet from any public right-of-way.
25.0196 Distance from Pro Lines: No landfill operation, including
but not limited to the disposal and covering of waste, the
stripping and storage of cover soil and top soil, the storage
of sludge, vehicle storage areas or general office or vehicle
maintenance buildings shall be permitted within two -hundred
(200)feet of the sanitary landfill property line. However,
this article shall not prohibit the construction within said
two -hundred (200) feet setback area of service or access drives
or of: the establishment of monitoring wells.
This Article shall not prohibit the construction within said
two -hundred (200) feet setback area of drainage ditches or
drainage swales or the installation of drainage pipe intended
to intercept and divert surface water from the area proposed
for filling when such drainage facilities are located at least
twenty (20) feet from the sanitary landfill property line,
said twenty (20) feet being measured from the property line
to the nearest top of bank of any ditch or swale.
25.0197 Screening: The two -hundred (200) feet setback area estab-
lished by Article 25.0196 shall serve as a buffer area and
provide the location for screening to protect adjoining prop-
erty.
A combination of pine tree, hardwood and shrub seedlings,
shall be planted along the entire sanitary landfill property
line. Such screen plantings shall be placed in such a
AMENDED GENERAL ORDINANCE NO. 129-1984
Page 4
fashion as to resemble naturally occurring vegetation and
to create dense year round screening. The required tree
and shrub seedlings shall be planted prior to the start
of any sanitary landfill operations. The trees and shrubs
shall be inspected on an annual basis for the first five
(5) years after planting and any stock that has died shall
be replaced. The Commission may also require the estab-
lishment of planting areas at certain locations within the
boundary of the sanitary landfill site when, in its judge-
ment, such planting areas are necessary to provide a buffer
or screen to adjoining property.
25.0198 Final Closure: As an area is filled and approaches the
final grade, the area shall be closed by applying a nini.mtmt
of two (2) feet of compacted clay soil. Upon completion of
the sanitary landfill operation of any phase thereof as
indicated on the approved Site and Operational Plan, the
land shall be graded, backfilled and finished to a surface
which will result in a level, sloping or gently rolling
topography in substantial conformity or desirable relation-
ship to the original site, and land area immediately
surrounding, and minimize erosion due to rainfall. Such
graded or backfilled area shall be sodded or surfaced with
soil of a quality at least equal to the topsoil of vegeta-
tion producing land areas imnedi_ately surrounding, and to a
depth of at least six (6) inches.
Areas that have received final cover shall be immediately
seeded, using seed and fertilization types and application
rates developed in consultation with the Wayne County Soil
and Water Conservation District. Seeding shall continue until
such time as the vegetative cover is established.
25.0199 Status Report: The owner/operator of a sanitary landfill shall
be required to submit a written status report to the Commission
regarding the operation of the sanitary landfill prior to re-
questing renewal of the operating permit for such sanitary land-
fill through the Indiana Environmental Management Board.
SECTION 3. This Ordinance shall be in full force and effect from and after its
passage and approval as by law required.
PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this
7 tt day of _�?r�x-i�.,.�u _ , 1985.
M � �
president of Common Council - —
PRESENTED by we to the Mayor of the City of Richmond, Indiana, this
day of �_ 1985.
APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this
day of 1985.
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ATTEST: �I AEI �G�l�r��.H_/���1J
City C16rk - - ---