§ 4.70. Sanitary landfills.
4.70.01. Because the location and operation of a sanitary landfill have characteristics which may impinge on neighboring activities, land uses, property values, public health and safety, and the transportation network, this activity will only be permitted when minimum conditions can be met.
A.
The following minimum conditions must be complied with for a site to be approved for a sanitary landfill:
1.
Meet all requirements of a permitted solid waste disposal facility as defined and regulated under the provisions of the Solid Waste Disposal Act of Tennessee and the Rules of the Tennessee Department of Health and Environment.
2.
The site shall be not less than five hundred (500) feet from all residences, unless the owner(s) of the residential property agrees in writing to a shorter distance.
3.
The site shall be not less than one thousand (1,000) feet from a residentially zoned area (RAE, Exclusive Residential, RA, Low Density Residential, PR, Planned Residential, RB, General Residential) at the time the application for use-on-review is filed at the MPC office.
4.
The site shall be not less than two thousand five hundred (2,500) feet from existing public schools, public recreational areas, or public swimming pools. Public recreational areas shall include public parks, recreation centers, athletic fields, or similar areas available to the general public for recreational uses.
5.
The site shall be not less than one thousand (1,000) feet upgradient from all wells or springs used as a source of drinking water by humans or livestock.
6.
The site shall be not less than two hundred (200) feet from the normal boundaries of springs, streams, lakes or other bodies of water other than those associated with the facility.
7.
The fill area shall be not less than one hundred (100) feet from all property lines, public roads, and the site boundary.
8.
The fill area shall be entirely enclosed, exclusive of driveways, at its external boundaries by a wall or fence and an evergreen hedge not less than seven (7) feet in height. The wall or hedge shall not be constructed or planted within the required setback.
9.
The use-on-review for landfills shall include a traffic impact statement concerning traffic flow and the structural reliability of the pavement of the existing transportation network most affected from the site to an arterial street along the primary access route to the site. The following additional requirements shall also be met:
a.
The traffic impact statement shall include a count of the existing traffic by vehicle type and size and a projection of traffic, for when the facility is in full operation, by vehicle type and size for that portion of transportation network most affected by this use.
b.
An assessment of the pavement's structural reliability must be made. This must be followed by an assessment of how the change in the vehicle mix will affect the pavement reliability including the collector street. The site shall have not less than an uninterrupted five hundred (500) feet access along a street constructed to the standards of a collector street as defined in the Knoxville-Knox County Minimum Subdivision Regulations.
c.
Access to and from the site shall be restricted to a driveway to the collector which shall be located at a point to provide adequate site distance, safe traffic flow and safe turning movements to and from the site considering the traffic impact from the site.
d.
Provision for traffic access to the site must be found to provide a safe access and without unreasonable adverse impact upon the transportation network based upon the information supplied and the requirements set forth herein.
10.
The landfill shall meet all requirements of section 4.10, "Supplementary regulations applying to a specific, to several, or to all zones," of the zoning ordinance for the county.
11.
The hours of operation of the landfill shall be limited. No landfilling shall be permitted before 6:00 a.m. or after 7:00 p.m., Monday—Saturday. *Sunday hours will be limited to 12:00 p.m. to 6:00 p.m. A convenience center shall be established for use while the landfill is closed.
12.
The applicant shall obtain a grading permit from the county hydrologist.
B.
The following materials and information shall be submitted with an application for use-on-review approval of a sanitary landfill:
1.
A development plan of the site showing the use or uses, dimensions, locations of various uses including the proposed fill area, structures, roads, fencing, landscaping, and areas which will remain undisturbed.
2.
A map showing existing zoning, residences, wells, streams, public schools and public recreational areas. This map shall be of sufficient size and scale to determine if the requirements of this section have been met.
3.
Any other special information as might reasonably be required by the MPC for use in making a thorough evaluation of the proposal.
C.
"Site" as used herein shall mean the area approved for use as a sanitary landfill and may be all or a portion of a lot or parcel of property and the area approved may not be identical to the property boundary line or tax parcel boundary.
D.
Measurements from the site to meet the required distances set forth shall be from the nearest point in a property line of a parcel containing a use, structure, or natural condition from which a minimum distance is required to the nearest point in the boundary of the site unless these regulations provide measurements to another point.
(Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)