(a) Facilities handling, processing and loading of municipal solid waste and recyclable materials for transportation at transfer stations; storage, processing, bailing or reclamation of paper, glass, wood, metals, plastics, rags, junk, concrete, asphalt and other materials at materials recovery facilities and recycling centers; disposal, dumping or reducing of offal or dead animals; composting for yard and wood wastes, municipal solid waste and/or sludge at composting facilities; collection and storage of household hazardous wastes; and processing and storage of scrap tires at waste tire facilities, subject to the requirements set out below. Provided however, a conditional use permit is required when a recycling center with outdoor processing and stockpiling, household hazardous waste or waste tire facility is within 1,000 feet of a residential district or mixed use/form-based district that includes a residential use, a "CF" community facilities district, or a public or private park as measured property line to property line of the protected zoning district or park. If an application to create a planned development district to allow one of the uses described in this section is on file with the city prior to the adoption of this section, the city may approved the planned development district, and any use permitted by that planned development district shall be a legal conforming use. For purposes of this subsection (a), such facilities are further defined by Tex. Administrative Code Title 30, Chapter 330, Municipal Solid Waste, § 330.3, and Tex. Administrative Code Title 30, Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, § 335.1. The operator shall comply with the following requirements:
(1) Submit a site development plan for review that provides detailed information about the design and development of the facility and that addresses:
a. Zoning and land use within one-quarter mile of the site;
b. Proximity to residences, businesses and other uses;
c. Availability and characteristics of access roads including current traffic volumes and impact of proposed facility on roads and traffic;
d. Locations of all existing and proposed buildings, equipment and machinery;
e. Fire prevention and control;
f. Groundwater, drinking water and surface water protection including wash areas, stream or water course diversions, holding ponds and tanks;
g. Screening fences, berms, buffers and landscaping;
h. Provisions for all activities including loading, unloading, handling, processing of materials and maintenance and storage of containers, vehicles and other equipment and machinery to be done within the confines of the facility and behind required screening fences; and
i. Erection and maintenance of signage at the entrance to the facility that is clearly visible to the public and identifies the owner, operator, business address, telephone number and hours of operation of the facility.
(2) Obtain, maintain and have available on-site all required permits and comply with all federal, state and local regulations that relate to the collection, transportation, handling, processing and disposal of all materials for which the facility is approved.
(3) Submit and maintain on-site an operations plan that addresses:
a. Provisions for preventing unauthorized wastes and materials from being brought to the facility;
b. Procedures for identifying, handling, removing, transporting and disposing of unauthorized wastes and materials that may have been brought to the facility;
c. Procedures for controlling water runoff, erosion, dust, odors, vectors and rodents;
d. Procedures and employee training for fire prevention and control;
e. Litter control and cleanup; and
f. Procedures for reporting and handling fuel and chemical spills.
(b) City council may appoint an oversight committee of city staff, public representatives and others, as required, to provide assurance of compliance with all federal, state and local regulations, codes and ordinances. The operator and/or owner shall provide in writing for access to the property by said members subject to all safety and operational restrictions required by law to protect on-site public welfare and safety.
(c) The planning and development department may not issue a certificate of occupancy until the operator of such facility submits proof that the operation of the facility has been approved by all applicable federal and state regulatory agencies as required by law.
(Ord. 23609-03-2019, § 8, passed 3-19-2019)