§ 4.80. Demolition landfills.

4.80.01. Because demolition landfill activities may impinge on adjacent land use activities, property values, public health and safety and the transportation network, these activities are segregated into the following two (2) categories and required to comply with the following regulations.

A.

On-site generated waste disposal of acceptable waste material in a demolition landfill, as defined in article 2, "Definitions," with a cumulative fill area of less than one (1) acre shall be permitted in any county zone other than F, Floodway, subject to the following requirements:

1.

Fill areas shall be a minimum of fifty (50) feet from any development or subdivision boundary and ten (10) feet from any interior lot boundary.

2.

Fill areas shall not occur in any natural drainage ways unless drainage pipe is installed which shall prevent drainage from passing into or through fill areas.

3.

Fill areas shall not occur within one hundred (100) feet of the edge of any sinkhole, or cave system.

4.

Fill areas shall not occur within the one hundred (100) year floodplain of any stream as determined by the flood hazard boundary maps for the county. The small streams provision of the flood damage prevention resolution shall be used on any perennial stream which is not identified by the flood hazard boundary map.

5.

Statement of the type of demolition material to be landfilled shall be shown on site plan.

6.

Evidence of review and approval of the proposal by the county health department shall be filed with the county code administration department prior to issuance of permit.

7.

Plan for closing facility shall be included with the application.

8.

Upon final closure of any demolition landfill, a subdivision plat must be recorded which accurately shows all fill locations.

9.

Any commercial or industrial use not consistent with or related to a demolition landfill that is proposed to be operated simultaneously on the demolition landfill site shall be considered on use-on-review.

10.

Meeting all requirements of the state department of health and environment for the appropriate class of solid waste landfill.

11.

Final grades of borrow or fill areas shall not be greater than a three (3) to one (1) slope.

B.

Demolition landfill operations which propose to accept off-site generated waste materials may petition the Knoxville/Knox County metropolitan planning commission for use-on-review approval within the A, Agricultural, CB, Business and Manufacturing, LI, Light Industrial, and I, Industrial zones. MPC approval shall be based on compliance with the following standards:

1.

The site shall have direct access to a collector or arterial street or shall be situated in such proximity to a collector or arterial street that no significant additional hazard to the public safety is created nor harm to any adjacent residential area. The following guidelines, though not all inclusive, shall be considered in making this determination:

a.

The amount and type of traffic and use of the street necessary for access to the collector or arterial street from the site.

b.

The difference in the effect which the use of the site would have on the property owners adjacent to the street used to gain access to the collector or arterial street as opposed to the effect that would normally be anticipated from the location of the site directly on the collector or arterial street.

c.

The sufficiency of the road physically to bear the normal carriers of demolition landfill material.

2.

Submittal of a site plan prepared by a registered engineer showing:

a.

General location and zoning of site and surrounding property.

b.

Survey information of site showing property lines and street frontage prepared by a licensed land surveyor.

c.

Proposed fill area with internal access system capable of accommodating two-way traffic.

d.

Staging and discharge areas for inspection of loads, removal and storage of unacceptable items. This portion of the operation shall not occur within one hundred (100) feet of the property lines when adjoining an RA, Low Density Residential, RB, General Residential, or PR, Planned Residential, Zone. In no case shall this portion of the operation occur within fifty (50) feet of the property lines.

e.

Accessory structures located on site.

f.

Existing topography, vegetation and drainage network, including streams, sinkholes, and wetlands with plans for protection of streams, sinkholes and wetlands.

g.

Name, address and twenty-four (24) hour phone number of a responsible person and/or business to operate facility.

h.

Method of providing twenty-four (24) hour secured access control to site to prevent unauthorized dumping and access by unauthorized citizens.

3.

A plan for removal of unacceptable material. These materials shall be stored in containers. Each full container shall be removed on a daily basis. All materials which are defined as hazardous waste shall be removed from the site daily and disposed of at a facility properly permitted to accept such material.

4.

Statement of the type wastes to be landfilled and the hours of operation. Excessive hours and days of operation shall not be allowed.

5.

Method of ground water monitoring shall be shown where wells are located within five hundred (500) feet of the site.

6.

Fill areas shall be one hundred (100) feet from all property lines, edges of sinkholes or cave systems. Borrow areas, where fill material is obtained or cover material is stored, shall be fifty (50) feet from all property lines. This 50-foot yard and all other required yards along property lines shall be maintained with their natural, undisturbed vegetation. The planning commission may require the installation of additional vegetation depending on the proposed scope and projected longevity of the project to create a suitable visual screen.

7.

Evidence of review and approval of proposal by the county health department and the state division of solid waste management.

8.

Plan for cover and final closure of the facility. The site shall be covered at least once every fourteen (14) days.

9.

Upon final closure of any demolition landfill, a subdivision plat must be recorded which accurately shows all fill locations.

10.

Posting of a guarantee or bond with the state department of health and environment or with the county if not required by the state equal to five thousand dollars ($5,000.00) per acre involved in the demolition landfill site to ensure closure compliance.

11.

Any commercial or industrial use not consistent with or related to a demolition landfill that is proposed to be operated simultaneously on site with a demolition landfill shall be considered on use-on-review.

12.

A plan for buffering fill area from property lines by six (6) foot high evergreen vegetation placed ten (10) feet apart or seven (7) foot high opaque fencing or seven (7) foot high berm shall be provided if the existing vegetation is inadequate to provide a visual screen into the fill area.

13.

Meeting all requirements of the state department of health and environment for the appropriate class of solid waste landfill.

14.

Fill areas shall not occur within the one hundred (100) year floodplain of any stream as determined by the flood hazard boundary maps for the county. The small streams provision of the flood damage prevention resolution shall be used on any perennial stream which is not identified by the flood hazard boundary map.

15.

Submission of an environmental assessment which will sample soils and ground water for contaminants and provide baseline information for future assessments by an independent and qualified firm. No approval can be given for a site that requires remediation or removal of wastes until such time as same has been completed.

16.

Final grades of borrow or fill areas shall not be greater than a three (3) to one (1) slope.

(Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)