CITY OF CHESAPEAKE NOTICE OF MEETING TO DISCUSS AMENDMENTS TO CHAPTER 62 OF THE CHESAPEAKE CITY CODE ENTITLED SOLID WASTE

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1 CITY OF CHESAPEAKE NOTICE OF MEETING TO DISCUSS AMENDMENTS TO CHAPTER 62 OF THE CHESAPEAKE CITY CODE ENTITLED SOLID WASTE TAKE NOTICE that on August at am the City of Chesapeake will hold a meeting in the Human Resources Training Room located on the 4 Floor of Chesapeake City Hall building 306 Cedar Road Chesapeake Virginia During the meeting City staff will discuss the enclosed draft amendments to Chapter 62 of the Chesapeake City Code entitled Solid Waste The City of Chesapeake will attempt to make reasonable accommodations and services necessary for sensory impaired and disabled citizens Please give Timothy Winslow Facility Manager a call at at least three working days in advance of the community meeting if such accommodations or services are required City Attorney s Office City of Chesapeake Virginia

2 AN ORDINANCE AMENDING CHAPTER 62 OF THE CHESAPEAKE CITY CODE ENTITLED SOLID WASTE SECTIONS AND THEREOF TO AMEND THE DEFINITION OF HAZARDOUS WASTE TO PROVIDE FOR UNIFORM CRITERIA FOR THE REDUCTION OF SETBACKS FOR CERTAIN SOLID WASTE MANAGEMENT FACILITIES AND TO UPDATE CERTAIN REFERENCES RELATING TO SOLID WASTE BE IT ORDAINED by the Council of the City of Chesapeake Virginia that Chapter 62 of the Chesapeake City Code entitled Solid Waste Sections and 6292 be amended and reordained as follows CHAPTER 62 SOLID WASTE ARTICLE I IN GENERAL Section 62 2 Accumulation of weeds and debris and growth of grass or similar vegetation above a certain height Prohibited f The requirements of this section regarding the growth of grass and similar vegetation shall have no application in the following areas of the city 1 Areas zoned agricultural unless such areas are located within the boundaries of a A platted subdivision where one or more buildings have been constructed or b A parcel of property upon which a residential structure has been constructed 2 Areas used actively and primarily for agricultural gardening or productive forestry purposes regardless of the zoning classification of such area 3 Woodlands and wetlands regardless of the zoning classification of such area For purposes of this exemption the term woodlands shall include productive and nonproductive forest lands and other areas which are used primarily to

3 promote and preserve the growth of trees and seedlings The term wetlands shall have the definition assigned to it in section of this Code 4 Ditches located within a public drainage easement provided that the property owner obtains written certification from the department of public works stating that the growth of weeds grass and similar vegetation within or along the border of such ditch will facilitate drainage or erosion and sediment control ARTICLE III STORAGE COLLECTION AND REMOVAL Section 6258 Same Placement for collection removal a Placement of containers and bagged or bundled yard wasteall containers garbage and trash and bagged or bundled yard waste eligible for collection shall be placed at the curbline or edge of public street in front of the premises where said solid waste is generated unless otherwise specified in this section or at such location as may be prescribed by the director of public works Some residents serviced by automated collection equipment shall be required to place the automated refuse receptacles on the opposite side of the street from their homes All automated containers set out for collection shall be placed at a minimum of three 3 feet from any obstruction such as another automated container mailbox or vehicle Bundled yard waste shall be limited to a volume of four feet 4 wide by four feet 4 high by six feet 6 long per collection Bagged and bundled yard waste shall be placed in a location free of obstructions and shall not block the rightofway sidewalk or multiuse trail Any person with a disability as that term is defined in policies adopted by the Department of Public Works Virginia Codc who as a result of that disability is unable to 2

4 so place any such container in the prescribed location may request a variance of this requirement from the director of public works or designee ARTICLE IV SOLID WASTE MANAGEMENT FACILITIES Section Definitions Hazardous waste means any substance material solid waste or combination of type of solid waste which because of its quantity concentration or physical chemical or infectious characteristics may 1 cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness or 2 pose a present or potential hazard to human health or the environment when improperly treated stored transported disposed or otherwise managed For purposes of this chapter the term hazardous waste shall include but not be limited to materials such as poison acids caustics chemicals infectious materials offal fecal matter biological materials petroleum petroleum products flammable materials compressed gases radioactive materials and explosives Section Same Setback design and operational restrictions Unless otherwise stated herein all solid waste management facilities shall comply with the following 1 Setbacks from existing homes collection treatment disposal and storage areas of a solid waste facilities debris landfills sanitary landfills rcsourcc recovery systems 1500 feet from any existing rcipidence not owned by the owner of the 3

5 site upon which thc facility is to be located cxccpt as provided for certain transfer stations in subparagraph b below A lesser setback of 1000 feet shall apply to resource recovery systems transfer stations and transportation terminals that engage only in the transfer temporary tin aluminum glass plastic construction debris and demolition of garbage refuse trash hazardous waste organic waste radioactive waste nuclear waste or industrial waste other than non hazardous industrial waste In thc case of a lawfully existing solid waste management facility these setbacks shall apply only to thc physical expansion of the facility 13 Reduction of setback from existing residence for resource recovery game parcel as and in connection with a lawful rcsourcc rccovcry conditional use permit is issued provided that All activities arc conducted within an enclosed structurc having concrete flooring unless a specific activity is cxprcssly thc sitc and 4

6 3 City council determines that the reduction of the sctback will not have an advcrsc impact on cxisting rcsidcnccs in thc arca e Limits on sctback rcductions Setback rcductions authorized under subsection 1b above shall bc subject to thc following limitations 4 No sctback from an existing residence shall bc reduced below located in thc Northwest River Watershed Protcction District except thosc operating solely for purposes of transporting all other applicable provisions of state fcdcral and local laws 3 No portion of a solid waste management facility shall bc located in wetlands as defined in section of thc City Codc unless and until all required permits and approvals arc obtained 21 Setbacks from adjacent properties and features a Setbacks from adjacent properties and features imposed Buildings 5

7 structures and waste collection treatment disposal and storage areas located within a solid waste management facility shall be set back at least 200 feet from any existing or proposed public street or rightof way Additionally the footprint of a solid waste management facility including all existing and proposed buildings structures and debris collection treatment disposal and storage areas shall be set back from the exterior lot line of abutting properties as provided in the tables below Setback distance shall be determined on the basis of the more intensive of the zoned or actual use of the abutting property with residential zonings and uses in all cases being considered more intense than nonresidential zonings and uses TABLE 1 Use or Zoning of Abutting Property Required Setback from Existing Residence feet Existing Residential not owned by the owner of the site 1500 upon which the facility is to be located 6

8 TABLE 2 Use or Zoning of Abutting Property Required Setback from Lot Line feet Vacant 250 Open space 250 Public property 250 Recreational Agricultural 250 Undeveloped Residential 1000 Institutional 250 Commercial 200 Industrial 150 Waterbody watercourse or watershed protection district 1000 Existing wells springs and other sources of potable water 1000 In the case of a lawfully existing solid waste management facility the setbacks prescribed above shall apply to physical expansions of the facility only In all cases setback areas prescribed above shall not be used for any purpose other than buffering during the operation of the solid waste management facility unless approved by the city council 7

9 through the issuance of a conditional use permit and shown on an approved plan of operation or site plan utility cascmcnts and railroad tracks The sctback arcs set out above may be rcduccd or waived by city council where proporty lines abut existing utility cascmcnts or railroad tracks provided that no residential structures exist within thc prescribed sctback arc except for certain transfer stations approved for a sctback reduction in accordance with paragraph 1b above areas set out in paragraph2a above may bc rcduccd or waived by city involvc the transfer tcmporary storage or processing of rccyclables only and a transfcr station proposcd to bc located on thc same parcel as and in conncction with a lawful resource recovery systcm provided that fitructurc having concrctc flooring unless an activity is 8

10 Wit or permanently stored outside for any purpose except that authorized by thc approval of a conditional use permit 3 No permanent storage or final disposal of solid waste occurs on the site and 4 wastc industrial wastc othcr than non hazardous industrial waste that is being recycled or reclaimed at a resource recovery approved for a transfcr station proposed to be located on the recyclablcs consisting of scrap metal only thc setbacks from a meeting the criteria in paragraphs 2cl and 2c2 above d protection districts Subject to the express limitations of this chapter 9

11 the setbacks set out in paragraph2a above for a water body River Watershed Protcction District may be rcduccd to 50 fcct provided that each of the following criteria arc met 2 No waste materials arc sorted procczscd tr ated or temporarily or permanently stored within thc rcduccd setback ar u 3 On site bcst management practices BMPs meet or cxcccd currcnt fcdcral state and city stormwatcr requirements 4 If the property is located in the Chcsapcake Bay Preservation Area District all necessary approvals and exceptions are obtained for encroachment into thc required buffcrs prior to the 5 if thc property is locatcd in thc Northwest River Watcrshcd Protcction District no setback reduction shall be permitted 6 waste that is being rccycicd or rcclaimcd at a rcsourcc recovery system garbage refuse or trash arc brought on the property 10

12 developed areas Notwithstanding anything to thc contrary in this chapter thc city council may rcducc or waivc thc sctback for a watcr water body watcr coursc or watcr protection arca located in an Intcnscly Developed Arca of the Chcsapcakc Bay Preservation Area providcd all performancc critcria and othcr rcquircmcnts of Chcsap akc Bay Preservation Arca arc mct Limitation of sctback reductions In order to rcducc or waive any sctback under this subscction 2 city council shall makefindings that such reduction or waivcr will not adversely affect neighboring properties With thc exception of thc reduction or waivcr of setbacks permittcd for water dependent facilities in subparagraph 2f above sctback 4 existing wells springs and othcr sources of potable water 2 No sctback shall bc reduced bclow 25 feet from thc exterior property line of adjacent properties 3 No portion of a solid waste managcmcnt facility shall bc located in the Northwest River Watcrshcd Protcction District except Sorting inert or organic waste and only upon first receiving all 11

13 and regulations 4 wetlands as defined in section of the City Code groundwater recharge arcas flood zones Chesapeake Bay unless and until all required permits approvals and exceptions Reduction of setbacks for solid waste management facilities The setback areas set out in the Tables above may be reduced by City Council at the time a conditional use permit is issued provided that a City Council makes the finding that the reduction will not adversely affect neighboring properties degrade water quality or otherwise endanger the public health safety and welfare and b No building structure or storage area of the solid waste management facility shall be located in the Northwest River Watershed Protection District except those operating solely for purposes of transporting or sorting inert waste and only upon first receiving a runoff control permit under Chapter 26 of the City Code all other permits and approvals required by this article and all other applicable provisions of state federal and local laws ordinances and regulations and 12

14 c No building structure or storage area of a solid waste management facility shall be located in wetlands as defined in Section of the City Code groundwater recharge areas flood zones Chesapeake Bay Preservation Areas or any other critical environmental area unless and until all required permits and approvals are obtained from appropriate state federal and local regulating authorities and d No permanent storage or final disposal of solid waste occurs on the site and e No hazardous waste or materials are collected hauled stored disposed of handled transported transferred recycled re used processed or treated on the site ADOPTED by the Council of the City of Chesapeake Virginia this day of 2015 APPROVED Mayor ATTEST Acting Clerk of the Council 13