(A) Package wastewater treatment plants, public or private, shall be a permitted use in the Heavy Industrial (I-4) zone, upon approval of a special use permit by the Board of Adjustment and in compliance with the standards set forth in this section.
(B) The establishment and operation of package wastewater treatment plants, public or private is regulated through this chapter to permit facilities which could cause negative impacts or otherwise have operational complexities requiring special consideration by the Board of Adjustment. Uses permitted under this chapter shall comply with the terms of this chapter and shall not generate appreciable amounts of noise, light, dust, odor, glare, vibration, or traffic and they shall be well integrated into the area through careful siting, buffering, and design, and shall meet the following requirements.
(1) Dimensional requirements.
(a) Lot size. Five acres (217,800 square feet) shall be the minimum lot area. Any part of the property located in a public or private street right-of-way or easement shall not be included in this minimum lot area.
(b) Setbacks. All principal buildings shall be set back a minimum of 50 feet from all property lines and zoning boundaries.
(c) Accessory buildings. Accessory buildings shall be limited to the rear yard of a lot containing the principal building(s) (excluded from front and side yards). These buildings shall not be located within 25 feet of any street right-of-way or within ten feet of any lot line not a street right-of-way line.
(2) Application. A completed application for a special use permit shall include the following:
(a) A site plan showing the siting and size of all existing and proposed topography at a contour interval of two feet and any officially designated floodways and floodplains;
(b) Plans, elevations, and perspectives for all proposed structures and descriptions of their operating characteristics including noise, odor, lighting, and dust;
(c) A landscape plan showing, at the same scale as the site plan, existing and proposed trees, shrubs, ground cover, and other landscaping materials; and
(d) A map showing land uses and zoning classifications withing 1,000 feet of the site.
(3) Permit requirements. The following requirements shall be met by all uses approved as part of the application for the special use permit.
(a) Covenants, conditions, and restrictions. All covenants, conditions, and restrictions related to the ownership, use, maintenance, or operation of the facility shall be submitted prior to any local, state, or federal permits.
(b) Effluent. All effluent discharged from an approved package treatment plant shall meet all local, state, and federal regulations at such date of approval or as subsequently amended. Streams or water bodies receiving effluent shall be monitored for compliance by the operator of the plant. Any violation of local, state, or federal water quality standards shall immediately be reported to the county.
(c) Expansion. No permitted facility shall be expanded, enlarged, or intensified without proper application and approval by the county. Expansion, enlargement, and intensification includes an increase in the number of wastewater customers, volume, capacity, or other measurable quantity.
(d) Landscaping. A well-landscaped buffer shall be planted along all property boundaries and zoning lot lines. Such buffer shall be a minimum of 15 feet in width at any point. Plantings shall consist of at least two rows of evergreen shrubs or trees, planted seven feet on center, with each row staggered such that no unobstructed openings of one foot or more shall exist within two years of planting. Planting shall occur prior to a certificate of occupancy or by the next planting season upon submittal of a landscaping bond or letter of credit to guarantee the installation of required landscaping. Plants shall be at least four feet in height and at least three feet in width measured two feet above grade at planting. In the event that any plants die or become diseased and have to be removed, a six-foot solid wood fence may be required to be installed in the affected buffer area by the Zoning Enforcement Officer after a finding that required landscaping is not being adequately maintained.
(e) Legal form. Any operator of a package treatment plant shall be licensed for such purpose in the state and shall submit proof of incorporation or license to conduct business in this state. Such form is subject to periodic review by the County Attorney as necessary to ensure compliance.
(f) Lighting. No outdoor lighting shall be installed other than normal residential dusk-to-dawn lighting. No lighting shall be directed onto adjacent property. Floodlights or other high-intensity lighting shall be prohibited except to provide security as required by any state or federal regulation.
(g) Noise. Equipment producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest property line or zoning lot line.
(h) Odor. All treatment units are to be covered and off-air treated for odor control prior to release to the atmosphere. Applicant must demonstrate that odor from the plant will not adversely affect any residential development, whether or not the development is served by the facility.
(i) Operation. All operation of an approved package treatment plant shall be in accordance with all local, state, and federal regulations related to such operation. The operator of the plant shall provide monthly reports to the county showing that all required inspections and routine maintenance has been performed, that all operators are properly licensed, and that sufficient security is being maintained at all times in the form of liability insurance or bond from a state-licensed surety company to cover any damage or violations of applicable regulations. Any liability insurance or surety shall be in an amount not less than $5,000,000, U.S.
(j) Outdoor storage. No outdoor storage of any kind shall be permitted. This shall include materials, equipment, parts, supplies, and similar items.
(k) Reclaimed water. Reclaimed water may be used for landscaping; in no case shall it be used for any food crops.
(l) Security fencing. Security fencing, a minimum of eight feet in height, shall be provided around the entire facility. All required security fencing shall be placed on the interior of any required landscape buffers.
(m) Signage. One identification sign, not to exceed four square feet in area, shall be placed on-site to identify the responsible party, operator, and emergency contact. A 24-hour emergency contact telephone number shall be placed on the sign.
(n) Unsightly or nuisance conditions. Any unsightly or nuisance condition related to the facility shall immediately be corrected upon notice by the county. Continued unsightly or nuisance conditions shall be subject to a fine not less than $5,000 per day, nonwaivable. Any fines assessed and uncollected shall be liened against the property and may be collected in the nature of a debt through foreclosure proceedings or other applicable remedy at law.
(o) Violations. Violation of any condition of the approved permit shall be subject to a fine not less than $5,000 per day, nonwaivable upon proper notice and subject to appeal to the Board of Adjustment. Any fines assessed and uncollected shall be liened against the property and may be collected in the nature of a debt through foreclosure proceedings or other applicable remedy at law.
(4) Required findings. The following findings shall be made by the Board of Adjustment prior to approving any application for a permit or approval of any certificate of occupancy for any package treatment plant permitted.
(a) There is not, on the date of application is filed, nor is there planned within five years, a public sewer system with sufficient capacity to serve the property or properties which will be served by the package plant located within a reasonable distance to permit connection to the public sewer.
(b) Connection to a public sewer is not required as a condition of any zoning approval relating to the property or properties which will be served by the package plant.
(c) The County Environmental Health Department and the State Department of Environment and Natural Resources have denied permission to install, repair, or replace one or more individual sewage disposal systems to serve the property or properties which will be served by the package plant.
(d) The applicant has been issued an NPDES discharge permit by the State Department of Environment and Natural Resources prior to the final approval of any local zoning and building permit for such facility.
(e) The applicant has provided sufficient security, as determined by the Board of Adjustment, to ensure the continued operation and maintenance of the package plant.
(f) The applicant has recorded and provided proof of recording to the County Attorney, a declaration of covenants, conditions, and restrictions, which is an equitable servitude running with the land to be served by the package plant, which provides that:
1. The property or properties served by the package plant will be assessed by the Board of Commissioners for its proportionate share of the costs of continued operation and maintenance of the package plant if there is a default by the applicant or operator and the security required by division (B)(4)(f) of this section has been exhausted, no longer exists, or is not available;
2. All users of the package plant will connect to the public sewer when a public sewer with sufficient capacity to serve all users is brought within the distance in which the property or properties served by the package plant could be reasonably connected to the public sewer if the property or properties were being developed then;
3. The property or properties served by the package plant will be assessed by the county for its proportionate share of reimbursement of the county’s cost of connecting the property or properties to the public sewer, including local government fees in effect at the time of connection;
4. Upon connection of the users to the public sewer, the package plant will be removed from the site and the land put to another use permitted by applicable regulation, or be restored to a vacant condition consistent with the natural or surrounding topography of the land;
5. The property or properties served by the package plant will be assessed by the county for its proportionate share of reimbursement for the county’s cost of removal of the package plant and restoration or change of use of the land;
6. The assessments for the costs of operation and maintenance, connection to the public sewer or removal of the package plant and restoration or change of use of the land, or any combination of such assessments shall constitute a lien upon the property or properties served by the package plant which will become effective upon recording of a notice of lien by the county; and
7. A written disclosure of all provisions of the permit will be made to the property owners and subsequent owners by the developer/seller. Acknowledgment of receipt of disclosure to all property owners shall be filed with the county prior to connection to the sewer system served by the package treatment plant.
(g) The applicant has complied with any special conditions required by the Board of Adjustment.
(1996 Code, § 155.036) (Ord. passed 9-5-2006) Penalty, see § 155.999