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§ 50.36 GENERAL STANDARDS.
   (A)   The requirements of this subchapter shall be supplementary to and shall not contravene any requirements pertaining to refuse collection and disposal sites specified in the Health and Environment Articles of the Annotated Code of Maryland and by Maryland Regulations.
   (B)   Any refuse collection and disposal site lawfully existing prior to the adoption of this subchapter but which does not conform to the standards set forth in §§ 50.37 and 50.38 may continue to operate, provided that the refuse collection and disposal site complies with standards and conditions set forth in the refuse collection and disposal site’s initial license as approved by the Board. After the first day of August 1988, no refuse collection and disposal site shall be licensed nor any refuse collection and disposal site expanded except in full compliance with this subchapter.
   (C)   All applicants shall have the right to be represented by counsel in any case where an applicant is denied a license.
(1986 Code, § 260-18) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)
§ 50.37 SETBACKS.
   (A)   No portion of a refuse collection and disposal site property that is occupied for refuse collection and disposal site purposes may be located closer than the following distances:
      (1)   From the right-of-way line of a public road or highway: 500 feet;
      (2)   From side boundary lines not bordering a right-of-way of a public road or highway: 500 feet;
      (3)   From any land owned or leased by a government agency for recreation, open space, conservation or related purposes: 1,000 feet;
      (4)   From a residence, retail business, school, hospital, church or other institutional facilities: 1,000 feet, unless from the evidence submitted the Board concludes that the proposed method of screening the refuse collection and disposal site would effectively prevent the site from being detrimental to or detracting from the value of every such use.
   (B)   Upon a finding of unnecessary hardship pursuant to § 50.35(B)(7), the Board may, in the case of a nonconforming refuse collection and disposal site:
      (1)   Authorize a permanent setback variance from any permanent structure;
      (2)   Establish permanent setback lines less stringent than those specified in division (A) of this section, provided that the setbacks shall conform as nearly as is reasonably possible under the circumstances to the setbacks specified in division (A) of this section.
(1986 Code, § 260-19) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)
§ 50.38 SCREENING.
   (A)   Each licensed refuse collection and disposal site shall, within 9 months of the issuance of the license, be enclosed to screen the refuse collection and disposal site from view by the traveling public and from adjoining properties. The screening shall consist of vegetative or structural materials, or both, as specified by the Board. The Board may waive the requirement for installing additional screening where the Board concludes that the refuse collection and disposal site will not be visible from a public road or from every adjoining property, provided that the applicant agrees to maintain such screening as then exists.
   (B)   The screening shall be installed by the licensee in accordance with plans approved by the Board as part of the license and shall be maintained in good order and repair by the licensee. The screening shall be constructed according to setback requirements in § 50.37.
   (C)   Vegetative screening shall be preferred, to consist of trees, shrubs or other plant materials of such aggregate size, location and density as to comply with division (A) of this section. The screening shall, at the time of planting, be not less than 5 feet in height and shall be designed to grow to and shall be maintained at a height of not less than 7 feet. The screening shall ordinarily have a depth of not less than 10 feet measured perpendicularly from tree centers. The vegetative screening shall consist of 2 staggered rows of trees, with rows being 10 feet apart measured perpendicularly from tree centers. Trees within the respective rows shall be spaced not further than 12 feet apart (measured from centers). The proposed species of vegetation shall be indicated on the site plan submitted in accordance with § 50.35(B)(2). The Board shall, upon request, supply a list naming desirable vegetative species to fulfill this vegetative screening requirement.
   (D)   In lieu of vegetative screening, the Board may authorize and require screening constructed of mounded earth, wood, stone or brick or other appropriate material if the Board finds that the constructed screening would be more harmonious than vegetative screening with the present or intended future character of the neighborhood. If authorized by the Board, the screening shall be sightly and shall not be of a different quality, type or dimension and shall be maintained and/or painted so as not to detract from the surroundings. The screening shall be kept in good repair at all times and shall have no openings through which persons or animals may enter, except for doors or gates necessary for ingress or egress to the refuse collection and disposal site, which said doors or gates shall be kept closed except when actually needed for ingress or egress.
   (E)   Upon finding of unnecessary hardship pursuant to § 50.35(B)(7), the Board may, in the case of a nonconforming refuse collection and disposal site, authorize a permanent variance from the requirement in § 50.38(A) that the refuse collection and disposal site be completely screened. The variances shall be sparingly granted and only in the case where the Board finds, from an examination of the topographical character of the properties involved, that it would not reasonably be possible to achieve complete screening. The variances shall be granted only for as much of the perimeter of the refuse collection and disposal site as meets this criterion and shall not relieve the licensee of the responsibility to install and maintain as much screening as the Board shall judge reasonable under the circumstances.
(1986 Code, § 260-20) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)
§ 50.39 ACCESS.
   (A)   No driveway or other point of vehicular access to a refuse collection and disposal site shall intersect any public road within 100 feet of the point of intersection of 2 public roads, measured along the center lines thereof.
   (B)    Except in unusual circumstances, the Board shall not authorize more than 1 driveway or other point of vehicular access for every 300 feet of frontage of a refuse collection and disposal site along a public road. No such driveway shall be more than 30 feet in width.
   (C)   Upon a finding of unnecessary hardship pursuant to § 50.35(B)(7), the Board may, in the case of a nonconforming refuse collection and disposal site, authorize an access variance, either permanently or for a period not to exceed 9 months.
(1986 Code, § 260-21) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)
§ 50.40 OPERATING STANDARDS.
   (A)   No refuse may be stacked or stored to a height greater than the height of the screening enclosing the refuse collection and disposal site.
   (B)   Burning of waste materials within a refuse collection and disposal site shall be permitted only in strict compliance with applicable county, state and federal air quality regulations.
   (C)   The Board may, in the license of any refuse collection and disposal site, prescribe reasonable limits on the hours of operation at the refuse collection and disposal site, taking into account the type and proximity of development existing on nearby properties.
(1986 Code, § 260-22) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)
§ 50.41 SIGNS.
   (A)   Every refuse collection and disposal site shall be entitled to have not more than 1 identification sign on the premises. The sign shall not be larger than 200 square feet in size. No part of the sign shall extend more than 20 feet above the ground.
   (B)   No sign shall constitute a public safety or traffic hazard, such as by obstructing traffic signals, traffic signs, road warning signs, street name signs or the full view of the traffic in all directions at driveways, entranceways or any other intersections on a public road.
   (C)   Lighting devices shall be shielded so that they do not create a glare or a nuisance by shining directly into a public street or highway or into an adjoining property. No flashing or rotating flashing illumination of a sign shall be permitted.
(1986 Code, § 260-23) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)
§ 50.42 SECURITY.
   (A)   Security required. Before the Board issues a license for a refuse collection and disposal site to any person, the applicant for the license shall:
      (1)   File with the Board a bond on the form that the Board provides; or
      (2)   Deposit with the Board cash, negotiable bonds of the federal government or this state or any other security that the Board approves.
   (B)   Obligation of security.
      (1)   The obligation of a bond filed under this section shall be so conditioned as to be void on the closing of the refuse collection and disposal site in a manner that prevents erosion, health and safety hazards, nuisances and pollution.
      (2)   The Board shall hold the security in trust to assure the closing of the refuse collection and disposal site in a manner that prevents erosion, health and safety hazards, nuisances and pollution.
   (C)   Bond payable to Board. A bond filed under this section shall be payable to the Board.
   (D)   Amount of security.
      (1)   A bond filed under this section shall be in the amount of $5,000 for each acre of land to which the license applies, but not less than $25,000.
      (2)   Cash deposited under this section shall be not less than the amount specified in division (D)(1) of this section.
      (3)   The market value of other security deposited under this section shall be not less than the amount specified in division (D)(1) of this section.
   (E)   Execution of bond. Both the applicant for a license and a corporate surety licensed to do business in this state shall execute any bond filed under this section.
   (F)   Duration of liability.
      (1)   Except as provided in division (F)(2) of this section, the term of any bond filed under this section and the time during which cash or other security must remain on deposit under this section is:
         (a)   The duration of the operation of the refuse collection and disposal site; and
         (b)   An additional 5 years after the closing of the refuse collection and disposal site.
      (2)   If the Board has assurances that the refuse collection and disposal site has been closed in a manner that prevents erosion, health and safety hazards, nuisances and pollution, the Board may release the security filed or deposited under this section before the end of the 5-year period specified in division (F)(1) of this section.
   (G)   Conditions under which security is forfeited; use of bond proceeds or other security.
      (1)   The obligation of the licensee for a refuse collection and disposal site and of any corporate surety under the bond shall become due and payable and any cash, securities or bond proceeds shall be applied to payment of costs of properly closing a refuse collection and disposal site only if the Board:
         (a)   Notifies the licensee and any corporate surety on the bond that the refuse collection and disposal site has not been closed in a manner that prevents erosion, health and safety hazards, nuisances and pollution;
         (b)   Specifies in the notice the deficiencies in the closing that must be corrected;
         (c)   Gives the licensee and the corporate surety a reasonable opportunity to correct the deficiencies and to close the refuse collection and disposal site in accordance with the Board;
         (d)   Authorizes the Board to close the refuse collection and disposal site in accordance with the Board regulations.
      (2)   The Board shall use bond proceeds, cash or the proceeds of other security to pay the cost of properly closing the refuse collection and disposal site.
(1986 Code, § 260-24) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)
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