Ct1Speake City of Chesapeake · such materials and debris do not include elements ofgarbage refuse trash hazardous. City Attorneys. Office. waste industrialorganic radioactive er

Ct1Speake City of ChesapeakeIRGINIA w

Office of the City Attorney306 Cedar Road

Chesapeake Virginia 23322757 3826586

July 17 2014 Fax 757 3828749

TO Mayor Krasnoff ViceMayor de Triquet and Members of the City Council

RE AN ORDINANCE AMENDING CHAPTER 62 OF THE CITY CODE ARTICLES I AND IVSECTIONS 621 6286 AND 62921 2 THEREOF TO MODIFY THE DEFINITIONOF RECYCLABLES AND ADD A DEFINITION OF NONHAZARDOUS INDUSTRIAL

WASTE TO PROVIDE FOR A REDUCTION OF SETBACKS FROM WATERBODIESWATERCOURSES OR WATERSHED PROTECTION AREAS TO FIFTY FEET 50 UPONMEETING CERTAIN CRITERIA AND TO PROVIDE FOR THE REDUCTION OR WAIVEROF SUCH SETBACKS FOR QUALIFYING WATERDEPENDENT FACILITIES

Please find enclosed proposed amendments to Chapter 62 of the Chesapeake City Codefor your consideration These amendments were presented to City Council during the worksession held on June 24 2014 A copy of the power point presentation from the work session isenclosed

The proposed amendments have been revised to accommodate a request of a powercompany for additional time to study the changes relating to coal combustion byproducts Inorder to accommodate this request the amendments relating to coal combustion byproductshave been separated out of the enclosed amendment and will be placed on City Councilsagendafor August 19 2014 The remaining provisions of the amendments submitted for the CityCouncilsimmediate consideration pertain primarily to the reduction of setbacks for solid wastemanagement facilities as follows

Section 621 amended to include the term scrap metals in the definition ofrecyclables

Section 6286 amended to include definition of recyclables which includes scrapmetals and nonhazardous industrial waste for purposes of allowing qualifyingindustries to request setback reductions

Section 6292c amended to allow the City Council to approve a reduction of setbacksfor transfer stations transportation terminals resource recovery systems and other typesof solid waste management facilities that involve the transfer temporary storage or

The City of Chesapeake adheres to the principles of equal employment opportunityThis policy extends to all programs and services supported by the City

mwright

Text Box

DOCKET ITEM: CA-1

processing of recyclables and resource recovery facilities that reclaim and recycle nonhazardous industrial wastes

Section 6292d amended to allow City Council to approve the reduction of the 1000foot setback from a water body water course or watershed protection district to 50 feetsubject to stated criteria for transfer stations transportation terminals resource recoverysystems and other types of solid waste management facilities that involve the transfertemporary storage or processing of recyclables and resource recovery facilities thatreclaim and recycle non hazardous industrial wastes

Section 62 92e amended to allow City Council to reduce or waive the setback for awater dependent facility in Intensely Developed Areas IDAs in the CBPA provided allCBPA criteria are met

Section 6292f amended to impose limits on setback reductions such as a minimumsetback of 200 feet from existing wells springs and other sources of potable water

The proposed amendments were brought forward by Council Members Ritter and Kellyas the liaisons for Public Works in order to address industry needs without adversely impactingneighboring communities water quality or environmentally sensitive areas Affected industriesoperating solid waste management facilities involving recycling and reclamation of wastematerials have been notified of the proposed amendments While some of the operators hadquestions none have voiced objection

Please advise if you have questions or concerns regarding the proposed amendments

Very truly yours

9okOCATIJan L Proctor

City Attorney

JLPhvm

Enclosures

cc James E Baker City ManagerAmar Dwarkanath Deputy City ManagerAnna MDAntonio Assistant to the City ManagerEric J Martin Director Public Works DepartmentJay B Tate Director Development and Permits DepartmentJohn King Zoning AdministratorJaleh M Shea Director Planning DepartmentKaren E Shaffer Assistant Director Planning Department

AN ORDINANCE AMENDING CHAPTER 62 OF THE CITY CODE ARTICLES IAND IV SECTIONS 621 6286 AND 62921 2 THEREOF TO MODIFY THEDEFINITION OF RECYCLABLES AND ADD A DEFINITION OF NON

HAZARDOUS INDUSTRIAL WASTE TO PROVIDE FOR A REDUCTION OFSETBACKS FROM WATERBODIES WATERCOURSES OR WATERSHED

PROTECTION AREAS TO FIFTY FEET 50 UPON MEETING CERTAINCRITERIA AND TO PROVIDE FOR THE REDUCTION OR WAIVER OF SUCHSETBACKS FOR QUALIFYING WATERDEPENDENT FACILITIES

BE IT ORDAINED by the Council of the City of Chesapeake Virginia that Chapter

62 of the Chesapeake City Code Article I Sections 621 thereof and Article IV Sections

6286 and 62921 2 thereof be amended and reenacted as follows

CHAPTER 62 SOLID WASTE

ARTICLE I IN GENERAL

Sec 621 Definitions

The following words terms and phrases when used in this Chapter shall have the

meanings ascribed to them in this section except where the context clearly indicates a

different meaning

Recyclables means recyclable items including but not limited to newspaper

cardboard chipboard junk mail and catalog grade papers cicar grccn and brown glass

bettiesandjarsplastic containers It 1 or 2 scrap metals aluminum beverage cans aluminum

foil and pie pans and steeltin food cans wood products and brick

ARTICLE IV SOLID WASTE MANAGEMENT FACILITIES

Sec 6286 Definitions

For the purposes of this Article and Article II of this Chapter the words and phrases

below shall have the following meaning

City Attorneys OfficeCity of ChesapeakeMunicipal Center306 Cedar Road

Chesapeake Virginia23322

757 382 6586Fax 757 382 8749

Non hazardous industrial waste means industrial waste that does not consist of in

whole or in part hazardous waste radioactive waste nuclear waste or coal combustion by

product

Recvclables means recyclable items including but not limited to newspaper

cardboard chipboard junk mail catalog grade papers glass plastic scrap metals aluminum

beverage cans aluminum foil andpie pans and steeltin food cans wood products and brick

Sec 6292 Same Setback design and operational restrictions

Unless otherwise stated herein all solid waste management facilities shall comply

with the following

1 Setbacks from existing homes

a Setbacks from existing homes imposed

Buildings structures and waste collection treatment disposal and storage

areas of a solid waste management facility including without limitation composting

facilities debris landfills sanitary landfills resource recovery systems transfer

stations and transportation terminals shall be set back at least 1500 feet from any

existing residence not owned by the owner of the site upon which the facility is to be

located except as provided for certain transfer stations in subparagraph b below A

lesser setback of1000 feet shall apply to resource recovery systems transfer stations

and transportation terminals that engage only in the transfer temporary storage

sorting and processing of recyclables materials such as paper cardboard tin

aluminum glass plastic construction debris and demolition debris provided that

such materials and debris do not include elements of garbage refuse trash hazardous

City Attorneys Office waste industrialwaste organic waste radioactive waste er nuclear waste or industrialCity of ChesapeakeMunicipal Center306 Cedar Road

Chesapeake Virginia23322 2

757 3826586Fax 757 3828749

waste other than non hazardous industrial waste In the case of a lawfully existing

solid waste management facility these setbacks shall apply only to the physical

expansion of the facility

b Reduction of setback from existing residence for resource recovery system

Where a setback of1000 feet is required Of for a transfer station

a lawful

resource recovery system or for a transfer station proposed to be located on

the same parcel as and in connection with a lawful resource recovery system

the City Council may reduce such setback at the time a conditional use permit

is issued provided that

1 All activities are conducted within an enclosed structure having

concrete flooring unless a specific activity is expressly authorized by

the approval of a conditional use permit

2 No permanent storage or final disposal of solid waste occurs on the

site and

3 City Council determines that the reduction of the setback will not have

an adverse impact on existing residences in the area

c Limits on setback reductions

In no event shall City Council rcducc thc distance between thc nearest existing

Setback reductions authorized under subsection 1b above shall be subject to

City Attorneys Office the following limitationsCity of ChesapeakeMunicipal Center306 Cedar Road


757 3826586Fax 757 3828749

iI No setback from an existing residence shall be reduced below 500 feet

of the exterior property line of the property on which the qualifying

transfer station resource recovery system or transportation terminal is

located

ii No portion of the solid waste management facility shall be located in

the Northwest River Watershed Protection District except those

operating solely for purposes of transporting storing or sorting inert or

organic waste and only upon first receiving all permits and approvals

required by this article and all other applicable provisions of state

federal and local laws ordinances and regulations

iii No portion of a solid waste management facility shall be located in

wetlands as defined in Chapter 26 Section 26515 of the City Code

groundwater recharge areas flood zones Chesapeake Bay Preservation

Areas or any other critical environmental area unless and until all

required permits and approvals are obtained from appropriate state

federal and local regulating authorities

2 Setbacks from adjacent properties andfeatures

a Setbacks from adjacent properties and features imposed

Buildings structures and waste collection treatment disposal and storage

areas located within a solid waste management facility shall be set back at least

200 feet from any existing or proposed public street or rightofway

Additionally the footprint of a solid waste management facility including all

City Attorneys Office existing and proposed buildings structures and debris collection treatmentCity of ChesapeakeMunicipal Center306 Cedar Road


757 3826586Fax 757 3828749

disposal and storage areas shall be set back from the exterior lot line of

abutting properties as provided below Setback distance shall be determined on

the basis of the more intensive of the zoned or actual use of the abutting

property with residential zonings and uses in all cases being considered more

intense than nonresidential zonings and uses

REQUIRED SETBACK FROM FACILITY TOEXTERIOR LOT LINES

Use or Zoning Required Setbackof Abutting from Lot Line

Property feetVacant 250

Open space 250

Public property 250

Recreational 250

Agricultural 250

Residential 1000

Institutional 250

Commercial 200

Industrial 150

Waterbody watercourse or watershed protection district 1000

Existing wells springs and other sources of potable water 1000

In the case of a lawfully existing solid waste management facility the setbacks prescribedCity Attorneys OfficeCity of ChesapeakeMunicipal Center above shall apply to physical expansions of the facility only In all cases setback areas306 Cedar Road


757 3826586Fax 757 3828749

prescribed above shall not be used for any purpose other than buffering during the operation

of the solid waste management facility unless approved by the City Council through the

issuance of a conditional use permit and shown on an approved plan of operation or site plan

b Reduction of setbacks for solid waste management facilities bordering utility easements

and railroad tracks

The setback areas set out above may be reduced or waived by City Council where

property lines abut existing utility easements or railroad tracks provided that no residential

structures exist within the prescribed setback area except for certain transfer stations

approved for a setback reduction in accordance with paragraph 1b above

c Reduction of setbacks for certain solid waste management facilities handling recyclables

and inert organic demolition and construction waste

Subject to the express limitations of this chapter the setback areas set out

in paragraph 2a above may be reduced or waived by City Council for transfer stations

transportation terminals resource recovery systems and other types of solid waste

management facilities that involve the transfer temporary storage or processing of

recyclables inert waste organic waste demolition waste and construction waste only and a

transfer station proposed to be located on the same parcel as and in connection with a lawful

resource recovery system provided that

1 All activities other than loading and unloading materials to and from transportation

vehicles are conducted within an enclosed structure having concrete flooring unless

an activity is expressly authorized by the approval of a conditional use permit



757 3826586Fax 757 3828749

2 No waste materials are sorted processed treated or temporarily or permanently

stored outside for any purpose except that temporary outside storage may be

permitted if expressly authorized by the approval of a conditional use permit

3 No permanent storage or final disposal of solid waste occurs on the site and

4 No hazardous waste radioactive or nuclear waste household waste industrial

waste other than non hazardous industrial waste that is being recycled or reclaimed at

a resource recovery system garbage refuse or trash are brought on the site except that

household waste garbage refuse and trash may be approved for a transfer station

proposed to be located on the same parcel as and in connection with a lawful

resource recovery system

5 In cases of solid waste management facilities involving the transfer temporary

storage or processing of organic waste or recyclables consisting of scrap metal only

the setbacks from a non potable water body or watercourse may be reduced erwaived

without meeting the criteria in paragraphs 12c1 and 22c2 above

d Reduction of setbacks from water bodies watercourses and watershed protection

districts

Subject to the express limitations of this chapter the setbacks set out in paragraph

2a above for a water body watercourse or watershed protection district other than the

Northwest River Watershed Protection District may be reduced to 50 feet provided that each

of the following criteria are met

1 All activities other than loading and unloading materials to and from

transportation vehicles are conducted within an enclosed structure having



757 3826586Fax 757 3828749

concrete flooring unless an activity is expressly authorized by the approval of

a conditional use permit

2 No waste materials are sorted processed treated or temporarily or

permanently stored within the reduced setback area

3 Onsite best management practices BMPs meet or exceed current federal

state and City stormwater requirements

4 If the property is located in the Chesapeake Bay Preservation Area District all

necessary approvals and exceptions are obtained for encroachment into the

required buffers prior to the approval of the conditional use permit

5 If the property is located in the Northwest River Watershed Protection District

no setback reduction shall be permitted

6 No hazardous waste radioactive or nuclear waste household waste industrial

waste other than non hazardous industrial waste that is being recycled or

reclaimed at a resource recovery system garbage refuse or trash are brought

on the property

e Reduction of setbacks for water dependent facilities in Intensely Developed Areas

Notwithstanding anything to the contrary in this chapter the City Council may reduce

or waive the setback for a water dependent facility as defined in Section 26515 of the City

Code from a water body water course or water protection area located in an Intensely

Developed Area of the Chesapeake Bay Preservation Area provided all performance criteria

and other requirements of Chesapeake Bay Preservation Area are met

e f Limitation of setback reductions

City AttorneysOfficeCity of ChesapeakeMunicipal Center306 Cedar Road


757 3826586Fax 757 3828749

In order to reduce or waive any setback under this subsection 2 City Council shall

make findings that such reduction or waiver will not adversely affect neighboring properties

harm water quality or endanger the public health safety and welfare

et

With the exception of the reduction or waiver of

setbacks permitted for water dependent facilities in subparagraph 2f above setback

reductions under this paragraph 2 shall be subject to the following

No setback shall be reduced below a minimum of 200 feet from existing wells

springs and other sources of potable water

ii No setback shall be reduced below 25 feet from the exteriorproperty line of

adjacent properties

iii No portion of a solid waste management facility shall be located in the

Northwest River Watershed Protection District except those operating solely

for purposes of transporting storing or sorting inert or organic waste and only

upon first receiving all permits and approvals required by this article and all

other applicable provisions of state federal and local laws ordinances and

regulations

iv No portion a solid waste management facility shall be located in wetlands as

defined in Section 26515 of the City Code groundwater recharge areas flood

zones Chesapeake Bay Preservation Areas or any other critical environmental

area unless and until all required permits approvals and exceptions are



757 3826586Fax 757 3828749

obtained from appropriate state federal and local regulation authorities prior to

the issuance of the conditional use permit

ADOPTED by the Council of the City of Chesapeake Virginia this day of

2014

APPROVED

Mayor

ATTEST

Clerk of the Council



757 3826586Fax 757 3828749

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Documents

Ct1Speake City of Chesapeake · such materials and debris do not include elements ofgarbage refuse trash hazardous. City Attorneys. Office. waste industrialorganic radioactive er