Lunenburg County Public Hearing January 29, 2013 Conditional Use Permit Lunenburg County Landfill Tracy Gee, County Administrator Frank F. Rennie, IV, County Attorney
A. In response to RFP for operation of County landfill, RWG has submitted an application for a Conditional Use Permit to operate the Lunenburg County Landfill. B.This public hearing is to review the application for the Conditional Use Permit. The issue of granting the RFP and the possible sale of the landfill will be considered at a later Board of Supervisors meeting. C.This public hearing will review the conditions and restrictions that the County will impose in operating the landfill. I. Purpose of Public Hearing
A.Intent of conditional use procedure: (a) The conditional use permit procedure is intended as a means for the board of supervisors, after review and recommendation by the planning commission, to authorize certain uses which, although generally appropriate in the district in which they are permitted, have potentially greater impacts on neighboring properties or on the community in general than uses which are permitted by right. The conditional use permit procedure provides the opportunity for the board of supervisors to review each proposed conditional use and impose such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and will be consistent with the purposes of this ordinance. B. Application for conditional use permit: (a) Submission of application. Applications for conditional use permits shall be submitted to the zoning administrator and may be filed by the owner of the property or, with the written consent of the owner, the contract purchaser of the property or an agent of the owner. (b) Applicant’s report. Every application for a conditional use permit shall be accompanied by a report from the applicant describing the proposed conditional use and explaining the manner in which it complies with the requirements and standards of this article. II. Overview
C. Action by planning commission: The planning commission shall review each conditional use permit application for compliance with the provisions of this ordinance and shall provide a recommendation to the board of supervisors in accordance with the following. (a) Public hearing. The commission shall hold at least one public hearing on each conditional use permit application after notice as required by Code of Virginia, § A joint public hearing may be held with the board of supervisors. (b) Recommendation. After holding a public hearing, the commission may recommend approval or disapproval of the conditional use permit or that conditions be imposed to ensure compliance with requirements of this ordinance. In making its recommendation, the commission shall consider at least the criteria specified in section 8-5 of this article.
D. Action by board of supervisors. The board of supervisors shall take action on each conditional use permit application in accordance with the following. (a) Public hearing. The board of supervisors shall give public notice as required by Code of Virginia. § , and shall hold at least one public hearing on each conditional use application. A joint public hearing may be held with the planning commission. (b) Action. After receiving the recommendation or report from the planning commission and after holding a public hearing, the board of supervisors may approve or disapprove the conditional use permit application, may accept or modify the conditions recommended by the planning commission or may impose additional conditions that it deems reasonable and necessary to ensure the conditional use will comply with the requirements of this ordinance. The board of supervisors may also refer the matter back to the planning commission for further consideration or advice. The action of the board of supervisors shall be by resolution, which shall include the reasons for its action and shall be set forth in its records.
E. General requirement for approval of conditional use permits. A conditional use permit shall be approved by the board of supervisors only if it finds that the proposed conditional use and related plans: (a) Will not be contrary to the purposes of this ordinance. (b) Will not be in conflict with the objectives of the comprehensive plan for the county; (c) Conform with all applicable provisions of this article, all other applicable requirements of the district in which such use is located and any specific conditions applicable to the proposed conditional use specified elsewhere in this ordinance; and (d) Include satisfactory provision for or arrangement of the following, where applicable: (1) Ingress and egress, including access for fire and other emergency vehicles; (2) Off-street parking, loading and vehicle circulation, including adequate consideration of the safety of motorists and pedestrians; (3) Yards, open spaces, relationship among buildings and other elements of the site; (4) Retention of natural vegetation and topographic features; and (5) Landscaping, buffers, screening, fences and other features or means of separation to protect adjacent properties from potential adverse effects of the conditional use.
III. Conditions 1.Acceptable Waste – household waste, construction and demolition debris 2.Unacceptable Waste No HAZMAT NO Sludge 3.Accept County Waste as before, guaranteed for 25 years. 4.County Landfill Representative County employee overseeing landfill, waste disposal, testing and Company operations Paid to County by Company
5. Landfill Operations Hours: 12 hours per day, Monday – Friday, 8:00 a.m. – 4:00 p.m. Saturday, Closed Sunday and Holidays. Cleanup debris at landfill, along routes. Improve appearance. Hauling routes – avoid Kenbridge, Victoria. Traffic regulations – Can’t increase traffic by more than 50% daily along old Mansion Road. Road maintenance and improvement. Joint venture – Company, VDOT, and County. Birds – cover to prevent birds. Noise – controlled, no louder than 67 decibels at property line. Lighting – controlled – no increased lighting at property line. Odor management – controlled, Odor Management Plan. Buffers – better than there now, screening along Old Mansion Road. Complaints – addressed/resolved within 30 days. Maximum 1000 tons per day.
6.Closure – Company takes on responsibilities of closing the landfill and post closure care. 7.Groundwater monitoring Replacement wells – within 3000 feet of landfill. Residential water supply monitoring. 8.Financial assurance – Reviewed annually. 9.Bonding – Must post Performance Bond. 10.Insurance – sufficient pollution liability. 11.Waste – to come from Virginia, North Carolina(northern NC) and Washington DC suburbs. Mostly household trash.
12. Recycling implemented County wide. 13. Lunenburg Waste collections and hauling – collected free and delivered to landfill by Company. 14. Container sites/convenience sites. 15. Company assumes responsibility and provides indemnification to County. 16. Enforcement – pull the Conditional Use Permit if violation not cured. 17. Citizen Advisory Committee.