HomeMy WebLinkAboutAgenda - 05-24-2004-d2~_1l
ORANGE COUNTY
BOARD OF COMMISSIONERS
AND
PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: May 24, 2004
Action Agenda
Item No. C>, Z
SUBJECT
Zoning Text Amendment for Land Clearing Waste Facilities
DEPARTMENT: Planning & Inspections PUBLIC HEARING: (YIN) YES
ATTACHMENT(S): INFORMATION CONTACT:
Proposed Amendments to the Zoning Ordinance Craig Benedict, Director, Ext,2592
Robert P. Davis, Planner III, 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 far 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 far
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 may be 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 truck 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:\Cusent Planning Division\Dave\P,bstracts\L,CWFPublk Hearing.doc
212 2
The zoning ordinance currently makes nn distinction between various types of landfills. A site
that only receives land clearing waste and is less than two (2) acres would fallow 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 ('L) acres in area used for the disposal, processing, storage, and
stockpiling of land clearing waste such as stumps, trees, limbs, brush, grass, natural racks, soil,
and other naturally occurring vegetative material that is generated solely from land clearing
activities, to be perritted 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-font 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, nr 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 subrnit ari operations plan.
PROCESS:
Public Hearing: May 24, 2004
Ordinance Review Cnmrnittee recommendation: July 7, 2004
Planning Board recommendation: July 7, 2004
BOCC to make decision no sooner than August 17, 2004
FINANCIAL IMPACT: l~here are nn 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 nn sooner than
August 17, 2004.
G:\Cunent Planning Division\Dave\Abstracts\L CWPPublic Heazing.doc
213
An Ordinance Amending the Zoning Ordinance of Orange County
Be it ordained by the Board of Commissioners of the County of Orange, North
Carolina, that the Zoning Ordinance is hereby amended as follows:
Bold =New Language
.~traketl~sug# =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 Clearina Waste Facility (LCWF) •-- 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\L.CWF Ordinance.doc
214
e) The facility shall be accessed by a road or driveway adequate iri
width to accommodate the proposed traffic and 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. In 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:\CunentPlanning Division\Dave\OrdinancesU.CWF Ordinance.doc
s 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 136.0563(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 138.0563(2)(c). Both the land
owner and operator of an LCWF are jointly and severally liable 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:\Cusent Planning Division\Dave\Ordinances\LCWF Ordinance doc
216
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 the Board of Orange County
Commissioners that this Ordinance entitled `;4n Ordinance Amending the Zoning
Ordinance of Orange County"is adapted.
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 Caralina, DO HEREBY CERTIFY that the foregoing is a true copy
of so much of the proceedings of said Board at a meeting held nn
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 band and ttre seal of said County, this day of ~ ,
2004.
Clerk to the Board of Cnmrnissioners
SEAL
G:\Current Planning Division\Dave\Ordinances\LCWF Ordinance.doc
m' m
WW
UU
~~
Q Q
WW
N m
yUU
owm
~NN
a cgi cgi
Q {~
°
a m ¢ ~ + * * °
°~
REFER TO HILLSBOROUGH ECONOMIC DEVELOPMENT MANUAL s
~ REFER TO ECONOMIC DEVELOPMENT MANUAL w
w
Q m m ¢ ~ m « ~ m
Q
M m m Q • # m k # m
N m m Q k k m k K ~
_ m m a « m + + _
'w m ¢ : 'w
Q m Q R Q # k m Y k • Q
N
W
m
m
Q
M
K
m
'k N
W
U
m
m
Q
x
x
%
m
k
k
~ C1
~
(~
U
m
m
Q
~
•
k
m
t
•
+ n
U
U
U
m
Q
x
~
m
+
k N
Z
Z
U m m Q * * m * t J
.~
M
~
m
m
Q
~
Q
m
k
• ~
~
m
~
m
m
¢
x
¢
m
+
x ~
~
i° 0 m Q k Q m ~ ~ a'
~ m m Q ~ Q m ~ ~ ~
N
a.
m
m
Q
k
Q
m
'k
'k N
a'
~ m m Q • Q m k #
~ m m Q ~ Q m k ~ M m ~
~
a m m ¢ x ¢ a m « « « m x
m
a' m m 4 t Q m ~ ~ ~ m ~ ~
m w L ° i
°
E
=
Z
m
u m
c
s ~
n
~ m m ~ N U w ~ ~= E ~'
N @ Q ~ O a ° O U
F ° v d m a_ ~ U - `d a LL
o 0 0 ° ~ `~ m w V
m ro ~ a
Lo 1- F 1- c Z Y c d = m w N
o~ o o ~° c Q g w ~~ ~ ~
N ' f ~ ~ m ~ w ~ c ~ ~' U 'S
` r
~° ~°i ~o ti
a E
`~ u > ~ o
U t ~ m
v m m c c
O > > N J v W O N G N i~
~ >
Eo
E~
E W
Z ~ ~
=
m
m
m
m
v N
v
o t ~ : U
°
' Ern o'^ Em m oc o o d m a Em a a U
-
~1 N U V O Q E O> O N ry
N d O N
S °
C N Q
a U
m t~ m m Z F ~ U' m 'S U J
W F- E F F- n
~ ~
h A 0 °i N N N N
a a o. a 2 a a a N
a N
a N
a N
a N
a a a
NhQ1V 0'f?C
~ m ~ N
I~ ~ N (7 .- .- N
N
a
W
G
217
O
N
a
Q
6
n
m
a
>
E
N
N
u
t
Q
c
N
c
d ^1 N
a a N
v ~ V
U E
Qa
~ c c
(y 9
N N
G
N O ~ ~~
C ° V ry O
m= L a
~CCe~9
N C q N
K V d C p~
N O °) _
a a N d
N ry 0 0 ~
a`a ~mm
_w m ~ 5 2
m m c ¢ ~
~'m N N
N _
~ ~ ~ ~
c . ~ m m
° ° o n
~~~mm
c m m " c
o j ~ m v
m,m m n o
- u u o 0
° n n > >
mm°m
NNQ~^
~ N N
. ~ ~ C
anUVA~
,'~,; Naa
G O O N N
tpJJO°
C O W J J
°u'4 R++
J' N N < ~
V .~
c o 0 0 `o
m c c c c
N
a m m ~ u°+
C~ > ~ ~ >
p°n aan
~mmmrn
N
O O ° O O
.~__'`L~`L `L
~. ,
e
218