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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. �^ yor ATTEST: �I AEI �G�l�r��.H_/���1J City C16rk - - ---