A rubble fill may be authorized by conditional use, subject to the following requirements, conditions, and limitations;
(A) The use shall not be allowed unless authorized by valid permits issued by all governmental agencies which require a permit for any part of the activity or use performed;
(B) Unless a valid close out permit has been issued and maintained for the site, termination or revocation of any permit required by the preceding section terminates any authority granted hereunder and constitutes a violation of this chapter;
(C) This use shall be subject to site plan review under Chapter 155; and
(D) Prior to beginning to use any property for this use, the owner shall enter into an indenture with the County Commissioners which guarantees that all of the requirements of this chapter and any permit required to conduct the use are met and further guarantees that the cost of eliminating any nuisance created by the rubble landfill, including fires, shall be borne by the property owner, and the owner shall provide a bond or other suitable guaranty to the County Commissioners (in the discretion of the County Commissioners) to ensure the proper use of the property and performance of the covenants contained in the indenture. For purposes of this section, the County Commissioners may include any provisions in the indenture it deems necessary to protect the health, safety, and welfare of the people of the county, and the County Commissioners shall be the sole arbiters of what constitutes a nuisance.
(Ord. 2022-20, passed 11-3-2022)