[Ord. No. 3587, § 1, 11-23-1999]
The following definitions shall apply to this article:
The biological decomposition of organic constituents under
controlled conditions.
The Director of Public Works of the City of Crestwood.
Source separated leaves, grass clippings, yard and garden
vegetation and Christmas trees.
A non-residential premises which collects and/or accepts
recovered yard by-product generated off-site for the purpose of controlled
biological decomposition.
[Ord. No. 3587, § 1, 11-23-1999]
The Director of Public Works shall administer, and be responsible
for the enforcement of, the provisions of this article.
[Ord. No. 3587, § 1, 11-23-1999]
(a)
No person shall construct or operate a yard by-product compost facility
within the City of Crestwood without having obtained a license issued
by the Director. A written application shall be made to the Director
for the issuance of such a license, which shall include a facility
plan containing the following:
(1)
A description of the type of materials the yard by-product compost
facility will accept.
(2)
The maximum storage capacity of material which will allow for proper
management of the material.
(3)
The technology proposed to be utilized to process and store the materials.
(4)
Drawings detailing the operation of the yard by-product compost facility.
(5)
Location of the nearest available water source.
(6)
A description of windrow construction (or other approved methodology)
to achieve a marketable finished compost product.
(7)
A description of construction of processing and storage bases. Bases
shall be designed to shed stormwater and maintain integrity through
continued use of heavy equipment.
(8)
Closure plan for the facility.
(9)
A schedule for the construction and completion of the facility stated
with the respect to the time of the issuance of a license for construction
and operation of the facility.
(10)
Such other information as the Director may require to assess
the suitability of the proposed yard by-product compost facility.
(b)
The Director shall examine the premises and review the application
and may direct the applicant to prepare such studies as shall assist
the Director in determining whether the criteria set forth herein
have been satisfied.
(c)
The Director may require such modifications to the plan as the Director
deems necessary.
(d)
No license shall be issued hereunder unless the applicant has obtained
a conditional use permit pursuant to the applicable provisions of
the zoning code.
[Ord. No. 3587, § 1, 11-23-1999]
(a)
Yard by-product compost facilities shall adhere to the following
requirements:
(1)
A facility shall not accept material beyond that which can be properly
managed.
(2)
Materials for composting shall be stored in a manner that will minimize
the generation of odor and aesthetic problems, prevents spontaneous
combustion and the harborage of vectors and shall not create a public
health nuisance.
(3)
Vector control programs shall be implemented to prevent or rectify
vector problems.
(4)
Surface water courses and run-off shall be diverted to storm sewers,
detention ponds or other approved collection methods.
(5)
Materials easily moved by wind shall be stored in such a manner as
to prevent such material from becoming airborne and scattered.
(6)
Fire extinguishers shall be provided and accessible.
(7)
Compliance with handling, storage and disposal requirements for materials
regulated under federal, state and/or local jurisdictions shall be
met.
[Ord. No. 3587, § 1, 11-23-1999]
(a)
The operator of a yard by-product compost facility shall annually
file a report with the Director of the volume of yard by-product in
cubic yards received by the facility during the previous year and
of the volume of end-use product produced.
(b)
The Director shall notify the St. Louis County Department of Health
annually of each yard by-product compost facility regulated by the
City and, as to each such facility the volume of yard by-product in
cubic yards received by each facility during the previous year and
the volume of end-use product produced.
[Ord. No. 3587, § 1, 11-23-1999]
(a)
The Director shall inspect the yard by-product compost areas when
notified by a licensee that a yard by-product compost facility area
is being closed. The licensee shall comply with the following:
(1)
Remove or cause to be removed all yard by-product material from the
yard by-product compost facility site.
(2)
Restore the site by planting grass and trees, as deemed necessary
by the Director.
(3)
At least 30 days prior to the closure date, notify all regular suppliers
and haulers of organic material (yard by-products and bulking agents)
and regular recipients/customers of compost of its intent to close.
(4)
At least 30 days prior to the closure date, post a legible sign with
letters not less than three inches in height stating that the facility
is being closed. The sign shall also state the final date any yard
by-product or other organic materials used in the compost process
will be received by the facility and the final date compost may be
obtained from the facility. The sign shall be located at all facility
access gates and shall be visible to all customers entering the facility.
(5)
Initiate implementation of the closure plan within 90 days of the
closure date.
(6)
Not later than 30 days following the closure date, post a sign, easily
visible at all access gates leading into the facility, containing
the following, in letters not less than three inches in height:
"This facility is closed for all composting activities and receipt
of yard by-product. No dumping allowed. Violators shall be subject
to such penalties as are provided for violation of City ordinances."
Such sign shall be maintained in a legible condition until certification
of completion of closure is issued for the facility by the Director.
(7)
A yard by-product compost facility shall be considered finally closed
upon final inspection of the facility and certified as closed by the
Director. If the Director determines that closure has been in compliance
with the closure plan, the Director shall, within 30 days of the inspection
date, issue written certification of such to the operator of the facility.
[Ord. No. 4690, § 2, 9-13-2016]
This article shall be known and may be cited as the "Missouri
Clean Energy District PACE Ordinance of the City of Crestwood."
[Ord. No. 4690, § 2, 9-13-2016]
Except as specifically defined below, words and phrases used
in this article shall have their customary meanings. Words and phrases
defined in RSMo. § 67.2800.2, as amended, shall have their
defined meanings when used in this article. As used in this article,
the following words and phrases shall have the meanings indicated:
The Missouri Clean Energy District.
A special assessment made against qualifying property in
consideration of PACE funding.
Funds provided to the owner(s) of qualified property by the
district for an energy efficiency improvement.
Real property located in the City of Crestwood, Missouri.
[Ord. No. 4690, § 2, 9-13-2016]
(a)
The Missouri Clean Energy District shall administer the functions
of the PACE program within the City by:
(1)
Providing property owners with an application in order to apply
for PACE funds;
(2)
Developing standards for the approval of projects submitted
by property owners;
(3)
Reviewing applications and selecting qualified projects;
(4)
Entering into assessment contracts with qualifying property
owners;
(5)
Providing a copy of each executed notice of assessment to the
county assessor and causing a copy of each such notice of assessment
to be recorded in the real estate records of the recorder of deeds
for the county;
(6)
Authorizing and disbursing the PACE funds to the property owners;
(7)
Receiving the PACE assessment from the county collector;
(8)
Recording any lien, if needed, due to nonpayment of a PACE assessment;
and
(9)
Exercising all powers granted by RSMo. § 67.2810.2,
as amended, including, but not limited to, the power to levy and collect
special assessments under an assessment contract with a property owner.
[Ord. No. 4690, § 2, 9-13-2016]
Crestwood, Missouri shall not be a party to any PACE funding
agreement, loan, or other commitment, however denominated, executed
between the district and the owner(s) (or their representatives, together
with any successors and assigns) of any qualifying property. Notwithstanding
any other provision of law to the contrary, officers and other officials
of the City, the Missouri Clean Energy District, and St. Louis County
shall not be personally liable to any person for claims, of whatever
kind or nature, under or related to the City's participation
in the Missouri Clean Energy District PACE program, including, without
limitation, claims for or related to uncollected PACE assessments.
The City has no liability to a property owner for or related to energy
savings improvements funded under a PACE program. The Missouri Clean
Energy District shall for all purposes be considered an independent
entity and shall not be considered a political subdivision of the
City of Crestwood.
