(a) Conditional Use Permit.
(1) The disposal of fly ash shall be permitted within the Village of North Perry only under a conditional use permit that may be granted only after due consideration has been given to the effects upon the subject land and the surrounding same. Such disposal shall not be permitted by right. Such conditional use may be permitted under specific conditions and stipulations and only in an I-1 Industrial Zoning District.
(2) Further, such conditional use may be permitted only after the Planning Commission has determined that there has been conformance with the procedures, standards and provisions set forth in this section as well as all pertinent provisions of the Ohio Administrative Code relating to the disposal of solid waste.
(b) Information and Plans. In addition to the submission requirements for conditional uses set forth in Chapter 1109, the applicant for a conditional use permit to dispose of fly ash shall file with the Village Zoning Inspector and Village Engineer, the following additional information, together with detailed plans and maps prepared by a registered engineer which clearly set forth the following:
(1) The total property of which the disposal area is a part.
(2) The location, name and address of the owners of record of all properties within 500 feet of the subject property.
(3) The names and locations of roads and natural features within 500 feet of the subject property.
(4) The proposed final topography of the land after excavation and disposal have been completed, indicating by contour lines of no greater interval than ten (10) feet, on a map with a scale of one (1) inch equals 200 feet, and the highest permissible elevation in the disposal area shall not be greater than five (5) feet above the surrounding terrain.
(5) The drainage plan on, above, below and away from the area of land to be affected, indicating the directional flow of water, constructed drainage ways, natural waterways used for drainage, and including provisions for the containment of the fly ash so leaching will not occur.
(6) A suitable, compacted cover material of not less than twelve (12) inches shall be placed over the fly ash within three (3) days of same being unloaded, or sooner if blowing of the material needs to be controlled.
(7) A plan for the reclamation showing the grass, both in amount and type, trees and shrubs and other ground cover to be planted in, over and around the subject disposal area.
(8) An appropriate plan for the monitoring of particulate matter that may be suspended in the atmosphere within 500 feet of the subject property during hours of operation as well as other appropriate times.
(9) Evidence that applicant has obtained from a qualified insurance carrier an appropriate policy of public liability insurance in an amount of not less than one million five hundred thousand dollars ($1,500,000) that shall be and remain in effect during the subject fly ash disposal operation.
(10) A work schedule setting forth the proposed time limits within which the operation will be commencing, completed showing the daily hours of operation, proposed haul roads if over-the-road vehicles are employed, methods of traffic control, methods of maintenance to insure the public rights-of-way are kept undisturbed, clean and safe along or in the vicinity of the proposed haul roads, from or to the land involved as well as final seeding, planting and landscaping dates.
(11) Evidence that applicant has obtained all permits required by the Ohio Environmental Protection Agency, Ohio Department of Transportation, the Public Utilities Commission of Ohio and any relevant provisions of the Ohio Administrative Code and/or any other applicable governmental agencies.
(c) Bond. The applicant for such permit shall also file with the Zoning Inspector a bond payable to the Village of North Perry with sureties approved by Council in an amount that shall be determined by the Board of Zoning Appeals to be fair and reasonable in light of the extent, nature and duration of the subject operation but, in no event shall the bond be an amount less than five thousand dollars ($5,000) per acre, or any portion of an acre, of the land to be used as a disposal site, and same shall be conditioned upon the applicant:
(1) Faithfully restoring the land to be used as a disposal site as the contour map submitted with the application indicates.
(2) Upon the applicant providing the drainage shown upon the map submitted with the application.
(3) Upon the applicant planting grass, trees and shrubs as shown on the plan submitted with the application.
(d) Annual Report. On each annual anniversary of the issuance of the conditional use permit and when the land has been restored in accordance with the application and plans, the permit holder shall file with the Zoning Inspector a report showing the amount of fly ash having been disposed of therein. Such reports shall further set forth the portion of land that has been restored in accordance with the approved plan submitted with the application for conditional use permit at such time as the Zoning Inspector finds the land has been restored in accordance with the approved plan, submitted with the application for a permit he shall recommend to Council the release of the bond for each acre or portion thereof so restored.
(e) Professional Review. If, during the review of the conditional use according to Chapter 1109, the Planning Commission deems it necessary, it shall have the submitted plan reviewed by a professional geologist, soil scientist, engineer or other qualified professional to determine if the water table will be “drawn down” to adversely affect water well capacity of neighboring properties, if water quality will be affected, and otherwise comment upon the plan. The fee(s) for such services shall be paid by the applicant.
(f) Bond Forfeiture. In the event that the land is not restored in accordance with the approved plans as determined by the Zoning Inspector at the time stated in the permit or any extension thereof fails to file the annual report required in Section 1131.05, or if the applicant deviated from the plan approved by or the conditions stipulated by the Planning Commission, Council shall declare the conditions of the bond forfeited and may terminate any further disposal operation or may proceed to cause the land to be restored in accordance with the approved plan submitted by the applicant charging such cost to the bond. In the event the cost of restoring the land under the conditions of this section exceeds the bond covering such restoration, the additional costs shall be charged as a lien against the property.
(g) Restrictions. No fly ash shall be disposed of nearer than fifty (50) feet of horizontal distance from:
(1) The edge of any street, roadway, alley or other thoroughfare.
(2) Any property line.
(3) A North Perry Village Municipal boundary line.
(h) Additional Conditions. The Planning Commission shall attach such further conditions to the granting of the subject permit for disposal of fly ash as it deems reasonable and necessary to:
(1) Secure conformity with the standards set forth herein.
(2) Insure that the disposal operation is harmonious and appropriate in appearance with the existing or intended character of the general vicinity.
(3) Insure that the proposed use will not change the essential character of the area.
(4) Insure the proposed use will not be hazardous or disturbing to existing or future neighboring uses.
(5) Insure that the proposed use will not be detrimental to the welfare of the community.
(Ord. 19-10. Passed 11-7-19.)