§ 124.0. SW (Solid Waste) Overlay District
A.
Purpose
The Solid Waste District is established to provide opportunity for solid waste processing facilities not allowed in other zoning districts and to encourage re-use and recycling of solid waste in lieu of disposal at a landfill. Because of changing technology, it is not possible to identify and adopt specific Zoning Regulations for all types of solid waste processing uses which may be proposed in Howard County. However, it is essential to provide opportunity for viable, constructive alternatives to disposal of solid waste in landfills. The Solid Waste District permits processing facilities for non-hazardous solid waste which are not covered elsewhere in the Zoning Regulations, while requiring detailed review of each proposal to evaluate its land use impacts and its potential contribution to the County's solid waste management system.
Because many solid waste processing facilities are of a heavy industrial nature, the SW District is an overlay district which may be applied only to land in the M-2 District. The Zoning Board may also apply the SW District to land in the M-1 District, provided there is a compelling reason and the use in the SW District shall be limited to a waste transfer station or material recovery facility.
The SW District is a floating district which may be applied if the Zoning Board finds, upon review of a specific proposal and Preliminary Development Plan, that application of the District at a proposed location will meet the requirements established in this Section.
B.
Uses Permitted as a Matter of Right if the Underlying District is M-2:
1.
Land clearing debris landfills.
2.
Rubble landfills.
3.
Solid waste processing facilities.
4.
Underground pipelines; electric transmission and distribution lines; telephone, telegraph and CATV lines; mobile transformer units; telephone equipment boxes; and other, similar public utility uses not requiring a Conditional Use.
C.
Uses Permitted as a Matter of Right if the Underlying District is M-1:
1.
Material recovery facilities.
2.
Waste transfer stations.
3.
Underground pipelines; electric transmission and distribution lines; telephone, telegraph and CATV lines; mobile transformer units; telephone equipment boxes; and other, similar public utility uses not requiring a Conditional Use.
D.
Accessory Uses
1.
Any use normally and customarily incidental to any use permitted as a matter of right in this district.
2.
Retail sale of items produced on the site.
3.
Recycling collection facilities.
4.
Accessory Solar Collectors.
E.
Bulk Regulations
(Also see Section 128.0.A, Supplementary Bulk Regulations.)
1.
The following maximum height requirements shall apply:
a.
Structure with minimum setback ..... 50 feet
b.
Structure with an additional 1 foot in height for every 2 feet of setback above the minimum ..... 100 feet
c.
Except stacks and chimneys, with an additional 1 foot in height for every 2 feet of setback above the minimum ..... no limit
2.
The following minimum structure and use setback requirements shall apply:
a.
From adjacent residentially-zoned lots ..... 300 feet
b.
From public street rights-of-way ..... 100 feet
c.
From existing streams and wetlands with respect to those uses only permitted in the underlying M-2 District ..... 100 feet
d.
From lot lines ..... 50 feet
e.
Where a petition proposes the expansion of an existing permitted use, the foregoing setback requirements shall apply only to the expansion proposed by the petition.
F.
Procedure for Creation of a SW District
1.
The owner of an interest in a tract of land in Howard County may petition the Zoning Board to designate the property as a SW District. The petition shall include the following items:
a.
A boundary survey of the property covered by the petition.
b.
An Operations Plan which includes:
(1)
A description of the specific proposed use or uses of the SW District, including the waste handling, processing and recycling methods to be used, approximate processing capacity, and material storage requirements.
(2)
A description of the types and capacities of equipment or machinery which will be used within the district.
(3)
The types and approximate quantities of waste which will be processed and products or materials which will be generated.
(4)
A description of the methods by which solid waste will be delivered to the facility, including an estimate of the size and frequency of solid waste delivery vehicles.
(5)
A description of storage and disposal methods for unacceptable materials delivered to the site and for nonmarketable residues and materials produced or separated from the processed solid waste.
(6)
A description of storage and delivery methods for marketable materials or products which are separated or produced from the processed solid waste.
(7)
Methods of controlling odors, smoke, dust, litter, noise, and insect or rodent infestation; methods of preventing, and, if necessary, controlling fire and explosions; methods of collecting and treating liquids generated by the use; methods of maintaining clean and sanitary conditions.
(8)
Approximate quantities of water usage and waste water generation.
(9)
Procedures for cleaning and maintaining the appearance of the facility and for collecting waste which falls from transport vehicles in the vicinity of the site.
(10)
A description of alternative solid waste processing or disposal arrangements in the event the proposed facility, or a portion of the facility, becomes inoperative due to unforeseen events such as equipment breakdown or power failure. Included shall be a description of stand-by equipment or anticipated solid waste diversions to other facilities.
c.
A Preliminary Development Plan which shows:
(1)
Existing topography, woodlands, 100-year floodplain areas and wetland areas.
(2)
If a rubble or land clearing debris landfill is proposed, the proposed fill area and the portion of the site to be excavated. Areas to be used for fill shall be identified either as non-buildable areas or as future building sites.
(3)
The general location of proposed points of access to the site.
(4)
The general location of proposed improvements and uses, including:
(a)
building and structure envelopes;
(b)
outdoor receiving, loading, treatment and storage areas;
(c)
indoor or outdoor areas to be used for major equipment, machinery or processing operations;
(d)
storm water management facilities;
(e)
parking areas and driveways; and
(f)
landscaped areas.
(5)
The location and type of landscaping or fencing which will be used to screen outdoor uses from public roads or residential zoning districts.
(6)
If applicable, the proposed sales area and customer parking area for retail sales of products or materials produced on the site.
(7)
Public water and public sewer facilities which will serve the facility.
d.
A description of available markets and intended users of the products and materials.
e.
If a rubble landfill or land clearing debris landfill is proposed, a rehabilitation plan which includes the following information:
(1)
A contour plan showing contour intervals of two feet, indicating the general grades and slopes to which excavated or filled areas are to be graded, and demonstrating that all disturbed land will be regraded so that no slope exceeds a 25% grade.
(2)
A plan for vegetatively stabilizing disturbed areas.
(3)
A schedule for removal of machinery or structures, closure of access roads, regrading, and planting after the landfill operation ceases.
f.
A summary of other local, State and Federal requirements that will apply to the proposed facility.
2.
The Zoning Board may grant a petition for a SW District based upon findings that:
a.
The SW District will overlay land in the M-1 or M-2 District.
b.
The proposed uses will accomplish the purposes of the SW District.
c.
Safe road access is available to the site.
d.
Setbacks and landscaped areas will provide adequate buffering of the proposed uses from existing land uses in the vicinity.
e.
Outdoor uses will be screened from roads and residential districts.
f.
The facility will not result in odors, noise, smoke, dust, litter, rodent or insect infestation, or other substance or condition which will adversely affect the surrounding area.
g.
The operation will be conducted in an environmentally sound and sanitary manner.
h.
If applicable, the area to be used for retail sales will provide safe ingress and egress for retail customers and will be clearly accessory to the principal use.
i.
The proposed facility is consistent with the Howard County Solid Waste Management Plan.
3.
If the petition is granted:
a.
The Zoning Board shall, by Decision and Order, approve the Preliminary Development Plan and the Operations Plan, and shall create a Solid Waste Overlay District covering the land in the petition.
b.
The Zoning Board may in its Decision and Order modify or attach conditions to the Preliminary Development Plan or Operations Plan, stating the reasons for its actions. The Board may, in its discretion, hold additional hearings on any modifications or conditions as it deems appropriate.
c.
A copy of the Preliminary Development Plan and Operations Plan shall be certified as approved by the Zoning Board and a verified copy of the same shall be forwarded to the Department of Planning and Zoning, the Department of Public Works, and the Petitioner.
d.
The provisions of the underlying M-1 or M-2 District shall no longer apply within the SW District.
4.
Conformance with Preliminary Development Plan and Operations Plan
a.
A Site Development Plan shall not be approved for a SW District unless the plan conforms substantially to the Preliminary Development Plan and Operations Plan.
b.
All uses within the SW District shall conform to the Preliminary Development Plan and Operations Plan.
c.
The Preliminary Development Plan and Operations Plan may only be amended by the Zoning Board, following the same procedures used for a petition to create a Solid Waste Overlay District.
G.
Reversion of SW District
Upon petition by the owner(s), and following the procedures for a zoning map amendment, the Zoning Board may remove the Solid Waste Overlay District from a property. The property shall revert to the underlying M-1 or M-2 District as appropriate.