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HomeMy WebLinkAboutORD-2004-020 - Zoning Text Amendment for Land Clearing Waste Facilities211 ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD ~~~~~a~o~-~~~ PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: May 24, 2004 Action Agenda Item No. D~ 2 SUBJECT: Zoning Text Amendment for Land Clearing Waste Facilities DEPARTMENT: Planning & Inspections ATTACHMENT(S): Proposed Amendments to the Zoning Ordinance PUBLIC HEARING: (YIN) YES INFORMATION CONTACT: Craig Benedict, Director, Ext.2592 Robert P. Davis, Planner I II, Ext., 2580 David Fencl, Planner II/ZEO, Ext. 2607 TELEPHONE NUMBERS: .Hillsborough 732-8181. Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To hear staff report and public comments concerning a proposed ordinance amendment adding a new definition for Land Clearing Waste Facilities, adding Land Clearing Waste Facilities as a permitted use in the RB, AR, and AS zoning districts, and creating location and operational standards for Land Clearing Waste Facilities.. BACKGROUND: Following adoption of a prohibition on open burning of trees, limbs, stumps, and construction debris associated with development activity in 2003, the number of complaints concerning the disposal of land clearing waste throughout the county has risen steadily. Currently, the options available to individuals and companies .involved in clearing land for development are limited: 1) Land clearing waste may .be brought to an approved municipal landfill and pay the tipping fee, 2) Land clearing waste may be brought to a neighboring county landfill that accepts land clearing waste, or, 3) Land clearing waste maybe deposited on private property. The first two options are considered prohibitively expensive by local land clearing contractors. The third option is potentially viable if sites are operated properly and meet state requirements, but it also can cause significant problems such as igniting both underground and above ground fires, environmental contamination, filling of drainage ways, increased frock traffic on rural roads, and dumping of materials other than land clearing waste. Under the North Carolina Department of Natural Resources Division of Solid Waste rules land clearing waste must be buried and covered on a monthly basis with a minimum of one foot of dirt or immediately ground up for mulch. or composting. Land clearing waste is not permitted to decompose on the ground due to the potential fire hazard it creates. G:~Current Planning Division~Dave~Abstracts~I,CWF Public Hearing.doc 212 2 The zoning ordinance currently makes no distinction between various types of landfills. A site that only receives land clearing waste and is less than two (2) acres would follow the same process as a municipal solid waste landfill that is less than two (2) acres. Landfills that are less than two (2) acres are permitted as Class B Special Uses in the RB, AR, R1, 11, 12, 13, and AS zoning districts. The proposed amendment would allow land clearing waste facilities, which are defined as facilities less than two (2) .acres in area used for the disposal, processing, storage, and stockpiling of land clearing waste such as stumps, trees, limbs, brush, grass, natural rocks, soil, and other naturally occurring vegetative material that is generated solely. from land clearing activities, to be permitted by right in the AR, AS, and RB zoning districts provided they meet the following location and operational standards: • Property must be in the use value program. • Site must be less than two (2) acres in area • Property must be accessible from aState-maintained or a private road with a road maintenance agreement.. • .Road access to the facility must be adequately secured to prevent unauthorized access. • A 100-foot wide landscaped buffer is required if the facility is Less than 500 feet from adjacent properties or aState-maintained roadway. • Boundary limits of the facility must be clearly identified. • The .facility cannot be located within required stream buffers, floodways, floodplains, utility easements, or septic system repair areas. • The facility cannot be lighted. • The operator of the facility must submit an erosion control plan with their application for a land clearing waste facility. • The operator of the facility must also submit an operations plan. PROCESS: Public Hearing: May 24, 2004 Ordinance Review Committee recommendation: July 7, 2004 Planning Board recommendation: July 7, 2004 BOCC to make decision no sooner than August 17, 2004 FINANCIAL IMPACT: There are no public fiscal impacts associated with this decision RECOMMENDATION(S): The Planning Staff recommends APPROVAL of the proposed amendments. The Administration recommends that the proposed amendments be referred to the Planning Board for a recommendation to be returned to the BOCC no sooner than August 17, 2004.. G:\Current Planning Division\Dave\Abstracts\LCWF Public Hearing.doc 3 213 An Ordinance Amending the Zoning Ordinance of Orange County Be it ordained by fhe Board of Commissioners of the County of Orange, North Carolina, fhaf fhe Zoning Ordinance is hereby amended as follows: Bold =New Language c+..;~„+hr,,,,.,~ -Deleted Language Section 1. Amend the Definitions section (Article 22) to revise existing. definitions and to create new definitions as follows: Landfill - A site within which is deposited solid waste material, including trash, construction debris, stumps, branches and limbs, garbage and industrial waste, not including a Land Clearing Waste Facility (LCWF), which is elsewhere defined in this Ordinance. Land Clearing Waste Facility (LCWF1- A facility less than two (2) acres in area used for the disposal, processing, storage, and stockpiling of land clearing waste such as stumps, trees, limbs, brush, grass, natural rocks, soil, and other naturally occurring vegetative material that is generated solely from land clearing activities. Section 2. Amend Section 4:3 Permitted Use Table to add P27 -Land Clearing Waste Facility as a new use and to permit the use in the AR, AS, and RB zoning districts. Section 3. Add Section 6.32 Land Clearing Waste Facility (LCWF) The following restrictions shall be applied to the above use in all zoning districts in which it is permitted: a) The property shall be classified as farm use value by the Orange County Tax Office.. b) Demarcated area of the facility shall be less than two. acres gross. c) No more than one (1) facility shall be allowed per deeded parcel. d) The site on which the facility is located shall be accessible from a State-maintained roadway or a private road provided that a private road maintenance agreement is recorded in the Orange County Register of Deeds Office prior to initial zoning approval that includes the notarized signatures of all parties with legal access or rights to the road. G:\Current Planning Division\Dave\Ordinances\LCWF Ordinance.doc 214 4 e) The facility shall be accessed by a road or driveway adequate in width to accommodate the proposed traffic aid of all-weather construction. f) Road access to the facility shall be adequately secured by means of gates, berms, fences, etc. to prevent unauthorized access except when an operator is on duty. g) If the facility is located more than 500 feet from adjacent roadways or adjacent properties no buffer is required. A 100-foot wide Type A landscaped. buffer shall be provided between the Land Clearing Waste Facility and State-maintained roadways or adjacent properties if the facility is less than 500. feet from adjacent roadways or adjacent properties. The landscaped buffer may be located outside of the two (2) acre site. h) Boundary limits of the facility shall be clearly identified by monuments, fencing, iron pins, concrete markers, or-any combination thereof. i) The facility shall not be located within required stream buffers, floodways, floodplains, utility easements, or septic system repair areas. j) -The facility shall not be lighted. k) .The operator of the facility shall submit and receive approval of an erosion control. plan with each application for a land clearing waste facility. !n addition to the erosion control plan the following regulations shall be required: 1) Land Clearing Waste shall be_restricted to the smallest area feasible and compacted as densely as practical into cells. 2) One (1) foot of soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first. 3) 120 calendar days after completion of any phase of disposal operations, or upon revocation of a permit, the disposal area shall be covered with a minimum of one foot of suitable soil cover sloped to allow surface water runoff in a controlled manner. 4) ..County approved erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site. and to prevent: on-site erosion. G:\Current Planning Division\Dave\Ordinances\LCWF Ordinance.doc 5 215 5) Provisions for a ground cover sufficient to restrain erosion must be accomplished within 30 working days (15 working days for cut and fill slopes) or 120 calendar days upon completion of any phase of development. I) The Operator shall submit an Operations Plan that includes: 1) Date of commencement of operations and expected duration. 2) Hours and days of operation not to exceed daylight hours Monday thru_Saturday or 7 A.M. - 7 P.M., whichever is shorter. 3) A complete description of operation, including source of materials, method of compaction, type of sealing proposed, methods used to eliminate the tracking of mud and debris into public and private roadways, types and number of equipment to be used. m) The Facility shall be inspected by an Erosion Control Inspector and the Zoning Officer a minimum of once per calendar year. n) No LCWF may be operated except as permitted under this Ordinance and only after an Application for Site Plan Approval has been submitted with the materials and application fees required by this Ordinance and approved by-the Zoning Officer. o) Prior to constructing or operating a LCWF, the owner or operator of any LCWF must record with the Orange County Register of Deeds a notification as required by 15A NCAC 13B.0563(2)(a) and (b), and when the property on which the LCWF is sited is sold, leased, conveyed, or transferred in any manner, the deed or other instrument of transfer shall contain in the description the notification required by 15A NCAC 13B.0563(2)(c). Both the land owner and operator of an LCWF are jointly and severally tiab(e for improper operations and proper closure of an LCWF as provided by North Carolina General Statute Section 130A-309.27. p) The owner and operator shall comply with all applicable federal, State, or local laws and regulations, including but not limited to regulations of the North Carolina Department of Environment, Health, and Natural Resources, Division of Solid Waste Management .for the siting and operation of a Land Clearing and Inert Debris (LCID) Landfill. G:\Current Planning Division\Dave\Ordinances\LCWF Ordinance.doc 216 6 Section 4: That this ordinance. be placed in the file of published ordinances. Section 5: That this ordinance is effective upon adoption. NOW THEREFORE BE IT ORDAINED by fhe Board of Orange County Commissioners that this Ordinance entitled `An Ordinance Amending the Zoning Ordinance of Orange County" is adopted. Upon motion of Commissioner seconded by Commissioner the foregoing Ordinance was adopted this the day of , 2004. - I, Donna S. Baker, Clerk to the Board of Commissioners .for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on 2004 as relates. in any way to the adoption of .the foregoing and that said proceedings are .recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2004. Clerk to the Board of Commissioners SEAL 4.3 PERMITTED USE TABLE • =PERMITTED USE A = CLASS A SPECIAL USE (ARTICLE 8) 8 = CLASS B SPECIAL USE (ARTICLE 6) P17 ~ Elevated Water Storage Tanks P17A Tetecommunicetiori Towers (150 feet in height or shorter) P17C Telecommunication Towers (greater than 150 in height P17D Telecommunication Tower- Stealth (75 feet or shorter) P18 Research Lands & Installations, Non- profit P19 Schools: Elementary, Middle & Secondary (7) P20 Schools: Vocational P21 Schools: Dance, Art & Music P21A Non-Profit Educational Cooperative (1) P22 Transmission Lines P23 Universities, Colleges & Institutes P24 Governmental Facilities & Office Buildings P25 .Water & Sanitary Sewer Pumping P26 Camp/Retreat Center (3) P27 land Clearing Waste Facility RB AR R1 R2 R3 R4 R5 RS R13 LC1 NC2 CC3 GC4 EC5 OI EI 11 12 13 AS ED HED PID B B B B B B B B B B B B B B 8 B e B B B B B B e B 8 B B B B B 8 B B 8 B B B A A A A A A A A A A A A A A A A A A A A T A m -mn 2 ~ ~ ~ ~ O O n ~ A A A A A A A A A A c z T O * * x * * ~ m n n p O mtn Z * * * * * * ~ m r- O n v ~ A m z m ~ o 6 B B B B B e B B B B B B B B B B B B ~ v . z ~ "' c * * * it * k D - ~ r z t * * t t t r * * * * ,t * * * * * D , , , , , r B B B ,r RB AR R1 R2 R3 R4 R5 R8 R13 LC7 NC2 CC3 GC4 EC5 OI EI 11 12 13 AS ED HED PID Amendments: (1) 7-1-85 , (2) 1-5-87 (3) 2-19-91 (4) 3-1-94 (5) 12-10-02 (6) 115-03 (7) 2-3-04 (6) Within all zoning districts certain subdivisions of Land in "Urban Designated" grid "Rural Designated" areas (as defined in Article 22) must be approved as follows: "Major Subdivision of 21-40 Lots, Class A Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 21-79 Lots, Class A Special Use, Urban Designated" as defined in Article 22. "Major Subdivision of 41+ Lots, Planned Development Special Use, Runt Designated" as defined in Article 22. "Major Subdivision of 80+ Lots, Planned Development Special Use, Urban Designated" as defined in Article 22. lv u~ ~ _ ~~~ ~-c~~~ ~_~ 2. Land Clearing Waste Facility (LCWF) - Page 211 Amend the zoning ordinance to create a new definition in the ordinance entitled 'Land Clearing Waste Facility' to allow the creation of an LCWF of less than 2 acres in size. An LCWF will be able to accept only land clearing debris such as stumps, roots, topsoil, yard waste debris, limbs, etc. An LCWF will not be allowed to accept inert debris such as bricks, asphalt, and concrete products. The Table of Permitted Uses will be amended to allow a LCWF as a permitted use by right in the AR, AS and RB zoning districts. Section 6 will be amended to create a new section establishing the use conditions upon approval of a LCWF. Planning Supervisor Robert Davis said that this is a zoning text amendment for a new classification in the zoning ordinance for land clearing waste facilities. In the last few years, there has been the land filling category, but the State has reclassified certain types of landfills. The County's ordinance only classifies landfills one way. This amendment is to pull out certain things that are now classified in the landfill category that may be best suited in another area without the same approval process. Any type of landfill over two acres would be a class A special use permit. This amendment would remove the asphalt, concrete, and wood and limit it only to materials such as limbs, stumps, dirt, and natural rocks. This amendment would apply to landfills less than two acres. This would not apply in the economic development districts and the commercial districts. He read the standards on page 212. Robert Davis said that with the County's passage of the no burning ordinance and the high tipping fees, it has gotten very expensive and developers are looking for other options. PUBLIC COMMENT: Howard Carter said that North Carolina has a good solid waste program with oversight, staffing, and quality control. He said that the proposed two-acre sites would not have this and there would be increased truck traffic. It does not seem to him that there would be sufficient aesthetic care for the dump site. He said that a yearly check for drainage is not enough. He urged the County Commissioners not to break away from the existing solid waste program, which is very successful and not to put the County at risk for scattered dump sites. Alois Callemyn said that he was here to speak on behalf of other members of the audience. He spoke in support of the ordinance. He is a licensed land surveyor. He spoke about Orange County farms. He is a supporter of farm preservation and he said that this is one way that the County can do good by the people that have land. He said that the last cash crop that a farmer has is his land when he cannot make money raising products. He said that the landfills can be done right and there is staff to enforce the rules. He said that most farmers want to be good neighbors. He cautioned staff that the land needs a boundary survey and it needs to be put on record. Regarding the site size, he thinks that if it is done right, that the size could continue on with a much larger site. He asked who would review and approve the plans and what the turnaround would be. He also asked about the fees (one-time or annual). He said that there would be truck traffic, but there would be a lot less road miles, which would hold down pollution. Chair Jacobs said that he wanted to acknowledge Dianne Reid, Economic Development Director, who also worked on this. He understands that the Solid Waste staff would like to locate a large facility that would accommodate these kinds of materials in central and northern Orange County. This could also accommodate storm debris. In the interim, this amendment provides many advantages for landowners to realize some small income stream and to encourage people to do things the right way. Chair Jacobs made a clarification on page 212 where it says, "the property must be accessible from astate-maintained or a private road with a road maintenance agreement." He said that it does not have to be astate-maintained road and a farm road is fine. If it is a private road, there just needs to be some assurance that all parties to the private road maintenance agreement have agreed that it is ok. Commissioner Halkiotis asked why the property must be in the use value program. Robert Davis said that they decided they did not want these landfills in places where they would not be suitable. Commissioner Halkiotis asked if all large tracts of land in the County were in the use value classification and Robert Davis said no. Commissioner Halkiotis made reference to some developers from Cary that came in and dumped a lot of things, mostly poison ivy. He said that we are adding to the cost of housing in the County and hurting a lot of people because of some bad people who do not live here. He said that DOT is finally paving the last bit of Lawrence Road and they are hauling the good material to Alamance County because they cannot afford to dump it in Orange County. This is evidence that this stuff is being hauled out of the County with the diesel-powered trucks. This is sending dollars out of the County. He would like to see where all of these sites are in the County. He said that there are responsible citizens in the County and they deserve respect. He said that he and Chair Jacobs went out and visited some sites and they were very responsible. Robert Davis said that the State is coming around and trying to educate people on these facilities. The State has put together some brochures of steps to take to get the notification and come into compliance. Commissioner Gordon asked if a farmer wanted to clear some more land to farm, would that farmer be permitted to push the stumps and the rocks and other things someplace else on their land and bury it and Geof Gledhill said yes. Commissioner Gordon said that she does not understand how this proposed LCWF amendment is an additional help to farmers. Geof Gledhill said that the farmers can sell the availability of these sites. Commissioner Gordon read from the first page which stated the problems with an LCWF such as igniting underground and above ground fires, environmental contamination, filling of drainage ways, increased truck traffic on rural roads, and dumping of materials other than land clearing waste. She said that the Planning Department has had a lot of trouble getting one elderly gentleman to get rid of his junk. She is not sure how this would work successfully. She is especially concerned about the dumping of materials other than land clearing waste. She said that it may be that a larger lot size could be required and that these LCWF sites should not be allowed in the higher density residential areas, including the Rural Buffer. She said that this is a potential nightmare and she feels really uncomfortable about it. Barry Katz asked about the organic material and if it had to be ground up. Robert Davis said that it could not stay over ground for more than 30 days.