In expansion of the declaration of legislative intent and statement of community development objectives found in §§ 500-101 and 500-102 of Article I of this chapter, it is the intent of this article to benefit the public health, safety and welfare by regulating the processing, treatment, storage, recycling and disposal of solid waste in the Township, in conformance with the goals and objectives of the Comprehensive Plan, Open Space and Environmental Resource Protection Plan, and the following objectives:
A.
Encourage resource recovery, cogeneration of energy
and recycling as a means of managing solid waste.
B.
Guard against harmful impacts of transporting, processing,
treating, storing, recycling and disposing of solid waste and recyclable
materials by establishing reasonable and adequate performance standards
for facilities permitted by this chapter.
C.
Provide standards and criteria governing the location
and operation of solid waste processing, transfer, disposal and/or
recycling facilities where they are specified as permitted uses in
zoning districts.
D.
Provide definitions for terms specific to solid waste
processing, transfer, disposal and recycling facilities and operations.
The following types of solid waste processing,
transfer, disposal and/or recycling facilities, as defined herein,
may be operated only in the zoning districts where they are specified
as conditional uses.
A.
Solid waste disposal facilities, including incinerators,
composting facilities, resource-recovery facilities, sludge processing,
salvage operations, and transfer facilities, provided that:
(1)
Prior to the onset of operation of these facilities
or expansion thereof, a permit or permits must be obtained by the
applicant from the Pennsylvania Department of Environmental Protection
or the U.S. Environmental Protection Agency for the operation, as
required by law.
(2)
The Board of Supervisors and/or its authorized
representatives shall, from time to time, be permitted to inspect
these facilities and operations to assure continued compliance with
this article, with the expenses of inspection to be borne by the facility
operator.
(3)
The Board of Supervisors reserves the right
for itself or other units of public agencies to own and operate any
and all solid waste processing, transfer, disposal and/or recycling
facilities in the Township, including the rights to:
(a)
Buy and/or lease land for these purposes.
(b)
Choose operators such as municipal employees
or authorities, or by contracting with private firms, or other legitimate
means.
(c)
Enter into agreements with adjoining communities
to handle their municipal waste.
(d)
Buy and/or lease equipment or contract with
private firms who will provide, operate and maintain equipment for
these purposes.
B.
Recycling facilities, including community dropoff
centers, intermediate processing centers, and material processing
centers.
C.
Junkyards or other outdoor storage uses listed in § 500-1902B(3) of this chapter.
These standards shall apply to solid waste processing,
transfer, disposal, composting and/or recycling facilities, as specified:
A.
Solid waste processing and/or disposal.
(1)
Minimum lot area: 10 acres.
(2)
Minimum lot width: 750 feet.
(3)
Minimum principal building setback from ultimate
right-of-way, any zoning district boundary, and any property boundary:
250 feet.
(4)
Minimum side or rear setback for an accessory
landfill or building not associated with the operation of the facility:
100 feet.
(5)
Maximum impervious coverage: 40% of the net
lot area.
(6)
Maximum building height: 35 feet.
B.
Composting or solid waste transfer.
(1)
Minimum lot area: five acres.
(2)
Minimum lot width: 300 feet.
(3)
Minimum building setback from ultimate right-of-way,
any zoning district boundary, and any property boundary: 150 feet.
(4)
Minimum side or rear setback for an accessory
building not associated with the operation of the solid waste facility:
50 feet.
(5)
Maximum building height: 35 feet.
(6)
Maximum impervious coverage: 40% of the net
lot area.
C.
Recycling. Recycling facilities shall comply with
the dimensional standards of the zoning district that permits the
use.
In addition to complying with the regulations
of the U.S. Environmental Protection Agency, the Pennsylvania Department
of Environmental Protection, and other applicable federal and state
regulations, the following performance standards shall apply to solid
waste processing, transfer, disposal, composting and/or recycling
facilities.
A.
The use shall not:
(1)
Constitute a nuisance or damage to health or
any property by reason of dissemination of noxious, toxic or corrosive
fumes, smoke, odor, debris or dust onto adjacent properties.
(2)
Result in noise or vibration clearly in excess of the levels specified in Article XXVIII, Noise Regulations, of this chapter.
(3)
Endanger surrounding areas by reason of radiation,
fire or explosion.
(4)
Discharge any untreated or incompletely treated
waste into any stream or otherwise cause or contribute to the pollution
of surface waters or underground waters.
(5)
Endanger the underground water level or supply
for other properties.
(6)
Create an objectionable traffic condition on
the highways or in an adjacent area or generate a nuisance to surrounding
property by reason of traffic.
(7)
Create any objectionable condition in an adjoining
area which will endanger public health and safety or be detrimental
to the environmental quality of the surrounding area.
(8)
Include a municipal waste landfill except as
an accessory to a solid waste disposal facility owned and operated
by Upper Hanover Township or other governmental unit and is used only
to dispose of ash, residues, reject material, and other bypassed solid
wastes as generated by a resource-recovery and/or incineration facility.
(9)
Handle any solid waste other than municipal
waste, as defined herein, and the ash, residue, reject material, and
other material generated from municipal waste, except that hazardous
and/or residual waste may be handled when approved as a separate conditional
use, in addition to the conditional use approval required for all
other solid waste facilities.
B.
Vehicular access.
(1)
Any public road used to provide direct access
to these facilities for routine, daily use shall be paved and maintained
in good condition, in compliance with the standards of the Pennsylvania
Department of Transportation for the types of trucking which are necessary
for operation.
(2)
The Board of Supervisors may designate safe
and adequate access routes and prohibit the use of other roads, except
for local trash pickup purposes.
(3)
The minimum paved cartway for access roads shall
be 26 feet, with four-foot-wide improved shoulders on both sides.
(4)
The access driveway into these facilities shall
be of sufficient length to provide stacking room on the facility property,
so that vehicles entering the facility shall not block the public
road outside the facility.
(5)
The costs of upgrading and maintaining major
access roads to these facilities shall be paid for by these facilities
in a means suitable to the Supervisors. Assessments and/or dumping
fees are examples of suitable methods.
C.
Security. These facilities sites shall be fenced and
served by lockable gates for security purposes. Scavenging shall not
be permitted. In addition, appropriate precautions shall be taken
to prevent trash from being scattered on the site by wind or other
means. Fencing, walls and other enclosures may be required for this
purpose. Any scattered litter shall be collected daily and be properly
disposed.
D.
Grading. These facilities sites shall be graded and
provided with appropriate drainage facilities to minimize runoff,
prevent erosion, and prevent collection of standing water, except
in basins designed for that purpose.
E.
Landscaped buffer and screening.
(1)
These facilities shall be separated from adjoining residential or institutional uses or districts by a buffer zone equal to the minimum setback for the solid waste building or facility, landscaped in compliance with the landscaping standards in § 425-500 of Chapter 425, Subdivision and Land Development.
(2)
Materials collected, stored or processed at
these facilities shall be screened from view from adjacent roads or
properties by complete enclosures in a building; opaque screening
by solid fencing, walls or dense vegetation; or by location on a site
such that the operation is not visible or is screened by existing
vegetation on the site.
F.
Elevation. The highest elevation of an accessory landfill
shall not exceed 35 feet above the highest point of natural elevation
within the landfill area of the site before the disposal operation
began. Final grading of the landfill area shall be done in a manner
which leaves the site potentially useful. New landscaping shall be
planted to protect against erosion and improve the appearance of the
land after final grading.
G.
Equipment housing. Equipment not in use shall be housed
in on-site buildings.
H.
Fire safety. All buildings shall be equipped with
fire and smoke detection and extinguishing facilities in compliance
with the regulations of the Pennsylvania Department of Labor and Industry,
the National Fire Protection Association, BOCA (Building Officials
and Code Administrators Code)[1] and/or other more stringent regulations, if determined
appropriate by the Board of Supervisors.
I.
Scales. An on-site scale shall be used to weigh all
solid waste delivered to a site, and accurate and complete records
shall be maintained by the operator, which records shall be available
for inspection by the Board of Supervisors.
J.
Availability of records. A certified copy of all reports,
data, plans and other material or information required to be submitted
to the Pennsylvania Department of Environmental Protection shall also
be submitted to the Board of Supervisors.
K.
Tire cleaning. A tire cleaning area shall be provided
on the access road for a solid waste disposal or transfer site. All
tires on all trucks leaving the disposal site shall be cleaned. Runoff
from the tire cleaning area shall be controlled in accordance with
the provisions of the Pennsylvania Stormwater Management Regulations
of the Pennsylvania Department of Environmental Protection.
L.
Equipment cleaning. An equipment cleaning area shall
be provided on the solid waste disposal or transfer site. All equipment
used in the disposal operation shall be cleaned daily to prevent odors
and other nuisances or health hazards. All drainage from equipment
cleaning areas shall be managed so as to prevent water pollution and
shall be discharged to a sanitary sewer system or other facilities
approved by the Board of Supervisors.
M.
Groundwater monitoring. At the site of a solid waste
disposal facility, groundwater monitoring wells shall be required
and shall be located both along the interior boundary lines of the
buffer zone and outside the boundary lines of the site as determined
by the Pennsylvania Department of Environmental Protection (PA DEP).
Copies of PA DEP monitoring reports shall be promptly provided to
the Board of Supervisors. Any unsafe conditions shall be reported
immediately to the Board of Supervisors.
N.
Emergency systems. All solid waste facilities, equipment
and personnel shall be equipped with both an internal communications
or alarm system capable of providing immediate emergency instruction
(voice or signal) to facility personnel and a device immediately available
at the scene of operations, such as a telephone or a handheld two-way
radio, capable of summoning emergency assistance from local police
and fire departments.
O.
Emergency access. All solid waste facilities shall
have at least one emergency access entrance, which shall be locked
except when used during an emergency situation. The operator shall
provide a key to this entrance to the Board of Supervisors.
P.
Rest rooms. Rest room facilities, as approved by the
Board of Supervisors, shall be constructed and made available for
use by persons on the site, including sanitary toilet facilities,
washbasins and showers, in accord with regulations of the Pennsylvania
Department of Environmental Protection.
Q.
Hours of operation. Solid waste facilities may operate
on a twenty-four-hour basis, provided that waste delivery hours for
all sites or facilities shall be limited to 7:00 a.m. to 6:00 p.m.
on weekdays and 7:30 a.m. to 12:00 noon on Saturdays. No waste deliveries
shall be permitted at any other time unless approved in advance by
the Township. Also, the site or facility shall be closed to waste
deliveries on Christmas, New Year's Day, Thanksgiving, Labor Day,
Memorial Day, and Fourth of July.
R.
Evidence of compliance. The applicant shall demonstrate
compliance with these regulations by providing to the Board of Supervisors
sufficient evidence of the following:
(1)
That adequate provisions shall be made to reduce
and minimize any objectionable elements to the degree necessary to
ensure that the proposed use(s) will not be noxious, hazardous or
offensive as defined herein.
(2)
That the proposed use will comply with the other
standards contained herein.
(3)
That all necessary information, impartial expert
judgments and written assurances have been provided in writing.
(4)
That the applicant has obtained the advice of
appropriate local, state and federal agencies and of appropriate expert
private consultants.
(5)
That the applicants proposed use(s) comply with
such tests or provide such safeguards in addition to those listed
herein as deemed necessary by the Supervisors, upon advice of the
Township Engineer or other appropriate expert advisors.
In addition to complying with the other standards of this article and § 500-818 of this chapter, applications for a conditional use for solid waste facilities shall provide the information, comply with the requirements, and be evaluated by the Board of Supervisors in accordance with the standards, criteria, requirements and regulations of this section.
A.
Plan conformance. The applicant shall provide a statement
identifying the relationship of the proposed use to the Upper Perkiomen
Valley Regional Comprehensive Plan, Montgomery County Municipal Waste
Management Plan, state and federal regulations, and other policies
and controls for the proposed use and the affected area, including
a statement as to how the proposed use may conform or conflict with
the objectives and specific terms of those documents, including a
statement of the following:
[Amended 12-9-2003 by Ord. No. 03-12]
B.
Separation. No land shall be actively used for solid
waste disposal within 300 feet of an existing residence or within
1/4 mile of an existing school or institutional zoning district. Inactive
buffer and/or landscaped areas of the waste disposal site may be counted
toward the total separation.
C.
Traffic.
(1)
The applicant shall demonstrate that the existing public road system will be able to accommodate the traffic generated by the use in a safe and efficient manner without infringing on existing residential areas. The Board of Supervisors may request this evidence as a traffic impact statement in accordance with § 500-825 of this chapter and an access road survey, including the following:
(2)
Based upon the findings of the study and survey,
the Board of Supervisors may require other improvements, both on site
and off site, to alleviate hazardous or congested situations directly
attributable to the proposed development, as a condition of approval.
Applications for a conditional use for solid waste facilities shall comply with the requirements of § 500-818 of this chapter and contain the date, information and drawings specified herein.
A.
Drawings prepared by a professional engineer, registered
in the State of Pennsylvania, to a scale no greater than one inch
equals 100 feet, showing:
(1)
Location of the site relative to public roads.
(2)
Owners of all abutting properties.
(3)
Proposed fencing and improvements.
(4)
Proposed screening and buffering.
(5)
Cross sections showing the existing grades and
the proposed grades upon completion and closure of the accessory landfill,
if any.
(6)
Accessory landfill area within the site, to
include staging of landfill development and the location of haul roads
and access roads.
(7)
Location of equipment cleaning and tire cleaning
areas.
(8)
Location of weighing scales, fire-fighting equipment
and all facilities, including buildings.
(9)
Location of public and private waterlines and
water supplies, wells, springs, streams, swamps, rivers, groundwater
aquifers and aquifer recharge zones and other bodies of water, and
public and private sewer lines and septic systems.
(10)
Location of utility company rights-of-way and
easements.
(11)
Geological formations.
B.
A soils, geologic and groundwater report of the characteristics
of the area where the proposed site or facility would be located.
C.
Wind data, including direction and percentage of time.
D.
Anticipated types, amounts and places of origin of
solid waste to be collected, processed and/or disposed of.
E.
Evidence that the application is consistent with the
Montgomery County Municipal Waste Management Plan.
F.
The names and current addresses of any and all persons
having any ownership interest in the operation or proposed operation,
maintenance and use of the equipment, or who own any interest, real
or equitable, in the real estate which is the subject of the application.
G.
The names and current address of any and all persons having any ownership interest in any corporations or other business entities identified for Subsection F above where such persons possess an ownership interest of 10% of more.
H.
The identities and qualifications of personnel designated
to manage and operate the proposed facility, together with their intended
responsibilities.
I.
Statements indicating expected useful life of the
accessory landfill site and the condition and proposed uses of said
site upon termination of operation, including, but not limited to,
any limitations on future uses due to decomposition gases.
J.
The applicant shall submit to the Board of Supervisors
documents certified to be true and correct copies of all original
plans, applications, data, materials, studies and information submitted
to the Pennsylvania Department of Environmental Protection (PA DEP)
pursuant to the Pennsylvania Solid Waste Management Act and regulations
and standards of PA DEP relating to solid waste processing and disposal
systems.
