To provide zoning classification requirements for the siting of all wireless, cellular, television and radio telecommunications towers and antennas; to encourage the location of towers in non-residential areas; to minimize the total number of towers within the community necessary to provide adequate personal wireless services to residents of the City of Emerson; to encourage the joint use of new and existing tower sites among service providers; to locate telecommunications towers and antennas in areas where impacts on the community are minimized; to encourage the design and construction of towers and antennas to minimize adverse visual impacts; and to enhance the ability of the providers of telecommunications services to deliver such services to the community effectively and efficiently.

Words not defined herein shall be construed to have the meaning given by common and ordinary use, and shall be interpreted within the context of the sentence and section in which they occur. Words used in the singular include the plural and words used in the plural include the singular. Words used in the present tense include the future tense. The work "erected" includes the words "constructed," "located" or "relocated." The word "map" or "zoning map" means the zoning map of the City of Emerson, Georgia. The word "parcel" includes the word "plot" or "lot." The word "person" includes the words "individual," "firms," "partnerships," "corporations," "associations," "governmental bodies" and all other legal entities. The word "shall" is always mandatory and never discretionary. The words "used" or "occupied" include the words "intended, arranged or designed to be used or occupied."

For the purpose of this division, certain terms used herein shall be defined as follows:

Administrator means the city manager or his designee.

Alternative tower structure means clock towers, bell towers, church steeples, light/power poles, electric transmission towers, on premises signs, outdoor advertising signs, water storage tanks, and similar natural or man-made alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna means any exterior apparatus designed for wireless telecommunication, radio or television communications through the sending and/or receiving of electromagnetic waves.

Co-location means the placement of the antennas of two or more service providers upon a single tower or alternative tower structure.

Department means the City of Emerson planning, zoning and development department.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Geographic antenna placement area means the general vicinity within which the placement of an antenna is necessary to meet the engineering requirements of an applicant's cellular network or other broadcasting need.

Governing authority means the City of Emerson, Georgia.

Height when referring to a tower or other structure, means the distance measured from ground level to the highest point on the tower structure or appurtenance.

Pre-existing towers and antennas means structures as set forth in section 8.89.4 of this division.

Public officer means that definition specified in the City of Emerson unfit property ordinance.

Scenic views means those geographic areas containing visually significant or unique natural features, as identified in the City of Emerson comprehensive plan.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telecommunication towers, man-made trees (with accessory buildings/structures) and other similar structures.

Visual quality means the appropriate design, arrangement and location of tower structures in relation to the built or natural environment to avoid abrupt or severe differences.

8.105.1

Except as set forth in section 8.105.3 herein, the provisions, requirements and limitations of this division shall govern the location of all wireless telecommunication, cellular telecommunication, television, microwave or radio transmission tower or antenna installed within the jurisdiction of the governing authority. The provisions, requirements and limitations of this division shall only apply to wireless telecommunication, cellular telecommunication, television, microwave or radio transmission tower or antenna installed within the jurisdiction of the governing authority. In addition, any provisions, requirements or limitations contained in other articles of the zoning ordinance of City of Emerson, Georgia, which conflict in any way with the administration of this division or the provisions, requirements or limitations of this division shall be inapplicable.

8.105.2

Governmental exemption. Except as otherwise specifically provided for in this division, the provisions of this division shall not apply to the governing authority properties, facilities or structures. Private facilities and structures placed upon the governing authority's property shall be governed by a lease agreement between the governing authority and the provider.

8.105.3

Amateur radio; receive-only antennas. This division shall not govern any tower, or the installation of any antenna, that is 75 feet or less in height and is owned and operated by a federally-licensed amateur radio station operator from the operator's residence, or is used exclusively as a receive-only antenna; provided, however, only one such tower or antenna per residence shall be excluded from this division.

8.105.4

Pre-existing towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this ordinance shall not be required to meet the provisions of this division, other than sections 8.106.11, 8.106.12, section 8.11; and the requirements of section 8.106.5 (except 8.106.5 item 6), 8.106.7 and 8.106.8 within six months from the date of adoption of this ordinance. Any such towers or antennas shall be referred to in this division as "pre-existing towers" or "pre-existing antennas." Provided, however, that the placement of antennas on any nonconforming structure shall not create a vested right for the continued use of the structure should the nonconforming use cease.

8.106.1

Principal or accessory use. A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure, and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structure. An existing use or structure on the same lot or parcel shall not preclude the installation of an antenna or tower. For purposes of determining whether the installation of a tower or antenna complies with zoning district requirements, including, but not limited to, setback, buffer and other requirements, the dimension of the entire lot or parcel shall control, even though the antenna or tower may be located on a leased area within such lot or parcel. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this division shall not be deemed to constitute the expansion of a nonconforming use or structure.

8.106.2

Five-year plan and inventory of existing sites. To facilitate the co-location of antennas and future land use planning, each applicant seeking to locate a new tower, alternative tower structure or antenna, or modify any such existing structure, shall provide to the department an inventory of its existing towers or alternative tower structures, existing towers or alternative structures to be upgraded or replaced, and proposed towers or alternative structures. Applicants seeking to erect an amateur radio tower or antenna shall be exempt from this provision.

A.

The inventory shall include all such structures that are within the jurisdiction of the governing authority; within Bartow County; or, within a neighboring county which currently is capable of providing coverage or capacity within the City of Emerson, and shall include specific information about the location (latitude and longitude coordinates), height design, tower type and general suitability for antenna co-location of each tower or alternative structure, and other pertinent information as may be required by the department.

B.

If the applicant does not know specific future tower and antenna site locations but does know of areas where telecommunications facilities will be needed within the next five years to provide service, the applicant shall list the assessor's blocks contained within the geographic service area and identify each geographic service area with a number that will correspond to the future telecommunication facility site.

C.

The department may share the location of existing telecommunication facility sites with other applicants seeking to locate towers or antennas within the jurisdiction of the governing authority; provided, however that the department is not by sharing such information, in any way representing or warranting that such sites are available or suitable. The location of any proposed telecommunication facility sites will be protected as privileged information if the applicant so requests and it is considered as such under the applicable laws and legal authority.

8.106.3

Co-location; design requirements. In addition to all applicable building and safety codes, all towers, except amateur radio towers, shall be designed to accommodate the co-location of cellular telecommunication antennas according to the following:

A.

For towers up to 150 feet in height, the structure and fenced compound shall be designed to accommodate at least three providers or the maximum number of users as determined by the most current technology, whichever is greater;

B.

For towers greater than 150 feet in height, the structure and fenced compound shall be designed to accommodate at least four providers or the maximum number of users as determined by the most current technology, whichever is greater.

8.106.4

Co-location; availability of suitable existing structures. No new tower, except amateur radio towers, shall be permitted unless the applicant demonstrates to the satisfaction of the city that no existing tower or existing alternative tower structure can accommodate the applicant's proposed antenna. All evidence submitted shall be signed and sealed by appropriate licensed professionals or qualified industry experts. Evidence submitted to demonstrate that no existing tower or structure can accommodate the proposed antenna shall consist of one or more of the following:

A.

That no existing towers or suitable alternative tower structures are located within the geographic antenna placement area required to meet the applicant's engineering requirements;

B.

That the existing towers or structures are not of sufficient height to meet the applicant's engineering requirements;

C.

That existing towers or structures do not have sufficient structural strength to support the applicant's antenna and related equipment;

D.

That the applicant's proposed antenna would cause electromagnetic interference with the antenna(s) on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;

E.

That the cost or contractual provisions required by the tower owner to share an existing tower or structure or to adapt an existing tower or structure for sharing exceed the cost of new tower development;

F.

That the applicant adequately demonstrates that there are other limiting factors that render existing towers and structures unsuitable, other than economic reasons.

8.106.5

Aesthetics. The guidelines set forth in this section shall govern the design and construction of all towers, and the installation of all antennas, governed by this division and shall be approved by the city.

1.

Towers and/or antennas shall either maintain a galvanized steel or concrete finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

2.

At all tower sites, the design of all buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and building environment. Any equipment or cabinet that supports telecommunication facilities must be concealed from public view and made compatible with the architecture of the surrounding structures or placed underground. Equipment shelters or cabinets shall be screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained.

3.

For antennas installed on a structure other than a tower, the antenna and supporting electrical and mechanical ground equipment shall be of a neutral color so as to make the antenna and related equipment visually unobtrusive.

4.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. The lighting shall be dimmer or changed to red lights from sunset to sunrise.

5.

No signage or other identifying markings of a commercial nature shall be permitted upon any tower or alternative tower structure within the City of Emerson.

6.

To the extent practical, telecommunication facilities shall not be placed in a direct line of sight with historic or scenic view corridors as designated by the governing body or by any state or federal law or agency.

7.

Access to the tower site shall be restricted so as to minimize visibility of the access. Where possible, existing roads shall be used. Where no roads exist, access shall follow the existing contours of the land.

8.

Such other additional requirements as the administrator shall reasonably require to minimize the visual impact of the site on the surrounding area.

8.106.6

Setbacks and separation. The following setbacks and separation requirements shall apply to all towers.

1.

Towers shall be setback a distance equal to the height of the tower from its base to any public right-of-way, occupied structure, or property line of the lot or parcel containing the tower.

2.

Guy-wires and accessory buildings and facilities shall meet the minimum accessory use location and setback requirements.

3.

In zoning districts other than LI and HI towers shall not be located closer than 2,000 feet from any existing tower. This requirement shall not apply to amateur radio towers.

8.106.7

Security fencing/anti-climbing devices. All towers and supporting equipment shall be enclosed by fencing not less than six feet in height and shall also be equipped with appropriate anti-climbing devices. Fencing shall be of chain link, wood or other approved alternative.

8.106.8

Landscaping. The following requirements shall govern landscaping surrounding all towers.

1.

Where adequate vegetation is not present, tower facilities shall be landscaped with a landscaped strip of plant materials which effectively screens the view of the tower compound. Landscaped strips shall be a minimum of ten feet in width and located outside the fenced perimeter of the compound.

2.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. Where natural vegetation around the perimeter of the site would provide an adequate visual screen, an undisturbed buffer may be utilized. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost.

3.

Landscaping shall be maintained by the provider and shall be subject to periodic review by the administrator to assure proper maintenance. Failure to maintain landscaping shall be deemed a violation of this ordinance.

Amateur radio towers and antennas, or receive-only antennas shall not be subject to the provisions of this section unless required by the governing authority through the conditional use permit process.

8.106.9

Maintenance impacts. Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a collector or local street, access for maintenance vehicles shall be exclusively by means of the collector or local street, utilizing existing access to the property on which such facility is to be located, where possible.

8.106.10

Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the permittee or the lessee of the tower and antenna governed by this division shall bring such tower and/or antenna into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations unless a more or less stringent compliance schedule is mandated by the controlling federal agency. Failure to bring such tower and/or antenna into compliance with such revised standards and regulations shall be deemed to be a declaration of abandonment of the tower and constitute grounds for the removal of the tower or antenna at the owner's, permittee's, or lessee's expense. Any such removal by the governing authority shall be in the manner provided in City of Emerson unfit property ordinance then in effect.

8.106.11

Building codes; safety standards. To ensure the structural integrity of towers, the owner, permittee or subsequent lessee of a tower or alternative tower structure shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If upon inspection, the department concludes that a tower fails to comply with all applicable codes and standards, or constitutes a danger to persons or property, then upon receipt of written notice by the owner, permittee or lessee of the tower, said party shall have 15 days to bring the tower into compliance with such standards. Failure to bring such tower into compliance within 15 days shall be deemed a declaration of abandonment of the tower and constitute grounds for removal of the tower as provided in the City of Emerson unfit property ordinance. Prior to the removal of any tower, the department may consider detailed plans submitted by the owner, permittee or subsequent lessee for repair of substandard towers, and may grant a reasonable extension of the above referenced compliance period.

8.106.12

Change of ownership notification. Upon the transfer of ownership of an interest in any tower, alternative tower structure, or lot upon which such a structure has been erected, the tower permittee shall notify the city of the transaction in writing within 30 days.

8.107.1

General application requirements. Application for a permit for any telecommunications facility shall be made to the city by the person, company or organization that will own and operate the telecommunications facility. An application will not be considered until it is complete. The administrator is authorized to develop application forms to assist in providing the required information and facilitate the application process. Except for a co-location information submittal under section 8.107.2 of this division, the following information shall be submitted when applying for any permit required by this division and must be submitted for an application to be considered complete:

A.

Site plan or plans to scale specifying the location of telecommunications facilities, transmission building and/or other accessory uses, access, parking, fences, landscaped areas, and adjacent land uses.

B.

Landscape plan to scale indicating size, spacing, and type of plants required in section 8.106.8.

C.

A full description of the environment surrounding the proposed telecommunications facility, including any adjacent residential structures and districts, structures and sites of historic significance, streets capes or scenic view corridors.

D.

A description of anticipated maintenance needs for the telecommunications facility, including frequency of service, personnel needs, equipment needs, and traffic, noise or safety impacts of such maintenance.

E.

Reports from a professional qualified engineer licensed in the State of Georgia, or other appropriate qualified industry expert(s) documenting the following:

i.

Tower or antenna type, height, and design;

ii.

Engineering, economic, and other pertinent factors governing selection of the proposed design;

iii.

Total anticipated capacity of the telecommunications facility, including numbers and types of antennas, which can be accommodated;

iv.

Evidence of structural integrity of the tower or alternative tower structure;

v.

Structural failure characteristics of the telecommunications facility and demonstration that site and setbacks are of adequate size to contain debris; and

vi.

Certification that the antenna(s) and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations governing non-ionizing electromagnetic radiation (NIER), and that the radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety.

F.

Identification of the geographic service areas for the subject installations, including a map showing the site and the nearest or associated telecommunications facility sites within the network. Describe the distance between the telecommunications facility sites. Describe how this service area fits into and is necessary for the service network (i.e., whether such antenna or tower is needed for coverage or capacity.

G.

If the proposed site is zoned residential or commercial, applicants must describe why an alternate site zoned LI or HI was not proposed by identifying:

i.

What good faith efforts and measures were taken to secure such an alternate site;

ii.

Why such an alternate site was not technologically, legally or economically feasible and why such efforts were unsuccessful; and

iii.

How and why the proposed site is essential to meet service demands for the geographic service area.

The department will review special care justifications that appeal only to undue expense and/or to undue difficulties in entering into a lease agreement. The department shall carefully weight such claims and the evidence presented in favor of them, against a project's negative impacts at the proposed site.

H.

The applicant must provide a utilities inventory showing the locations of all water, sewage, drainage and power line easements impacting the proposed tower site.

I.

The applicant must provide any other information, which may be requested by the department to fully evaluate and review the application and the potential impact of a proposed telecommunications facility.

8.107.2

Tower co-location information submittals. Any person or entity co-locating an antenna or antennas which will add no more than ten feet to the height of the tower and related equipment or appurtenances on or around a tower for which a permit has already been issued shall submit the following information only:

1.

The name of the person or entity co-locating the antenna.

2.

The name of the owner of the tower.

3.

The tower's permit number.

4.

The location of the tower.

5.

The remaining structural capacity of the tower.

6.

Certification that the antenna(s) and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations governing non-ionizing electromagnetic radiation (NIER), and that the radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety.

8.108.1

General.

A.

The department may administratively approve the uses set forth in section 8.108.5 of this division. All such uses shall comply with requirements set forth in this division and all other applicable codes and ordinances.

B.

Except as provided in section 8.108.4, the department shall respond to each application within 45 days of its receipt by either approving or denying the application. One 45-day extension of this review period may be exercised by the department if such additional time is deemed necessary to adequately assess the request. If the department fails to respond to the applicant within a maximum of 90 days, the application shall be deemed to be approved.

C.

As part of any administrative approval, the department may administratively reduce setback requirements by up to ten percent to compensate for irregularly shaped lots or parcels.

D.

Any decision by the department that results in the denial of a request to place, construct, or modify wireless telecommunications facilities shall be in writing and supported by substantial evidence. In addition to the requirements set forth in section 8.108.5 for uses allowed by administrative approval, the department shall consider the applicable factors set forth in section 8.109.5 in acting upon an application for administrative approval.

8.108.2

Application, contents, fee. All applications for administrative approval of a permit shall be submitted to the City of Emerson planning and zoning commission. Each application shall contain as a part thereof detailed plans and specifications as set forth in section 8.107. An application for administrative approval of a permit shall not be accepted for processing without the information required in section 8.107 of this division. An application fee shall be charged by the department.

8.108.3

Co-location of antennas required. Applicants for the erection of a tower of a placement of an antenna shall be required to co-located upon an existing tower or alternative tower structure. An exception to co-location shall only be made if the applicant adequately demonstrates that an existing tower suitable for co-location does not exist in the geographic antenna placement area, and that no suitable alternative tower structure is available as set forth in section 8.106.4.

8.108.4

Independent expert review. If, in the opinion of the department, an independent expert review of an application is warranted, the department may engage a licensed professional engineer or other appropriate professional, as an independent expert to review any of the materials submitted by an applicant and render an opinion on any issue relevant to the application, the adequacy of the supporting data, structural integrity and the feasibility of alternative sites or co-location. Upon the review by an independent expert, the department shall convey its concerns to the applicant in writing and shall allow the applicant a reasonable opportunity to address those concerns. If the applicant is unable to satisfactorily address those concerns, the applicant shall be allowed a reasonable amount of time, not to exceed 30 days, in which to modify the application to alleviate the department's concerns or withdraw the application altogether. The expert's opinion shall be considered determinative, unless the applicant agrees to pay the expenses of submitting both opinions for a peer review, which review shall then be considered final. If the dependent third-party expert supports the applicant's expert, then the department shall pay the expenses of said third-party expert. If the independent third-party expert supports the position of the department, then the applicant shall pay the expenses of said third-party experts. The department shall respond within 30 days following the final review as herein provided. No permit shall be issued until the applicant has paid all expenses incurred under this section.

8.108.5

Uses allowed by administrative approval. The following uses may be approved by the department after conducting an administrative review:

A.

If it is adequately demonstrated that antenna co-locations, as required in section 8.108.3 above, is not possible for a given geographic antenna placement area, construction of a new tower up to a height of 150 feet, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, may be permitted in the following zoning districts:

a.

LI

b.

HI

Provided, however, that all structures shall meet the setback, screening and buffer requirements contained herein.

B.

So long as the addition of said antenna adds no more than ten feet to the height of the existing alternative tower structure:

i.

Installation of an antenna on an existing alternative tower structure in any non-residential district; or

ii.

Installation of an antenna on an existing county owned alternative tower structure in any non-residential district, provided a lease authorizing the antenna has been approved by the governing authority.

C.

So long as the addition of said antenna adds no more than ten feet to the height of the existing tower:

i.

Installation of an antenna on an existing tower of any height in any non-residential district, and further including the placement of additional buildings or other supporting equipment used in connection with said antenna; or

ii.

Installation of an antenna on an existing tower located on property owned, leased or otherwise controlled by the city in any non-residential district, and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, provided a lease authorizing the tower has been approved by the governing authority.

D.

Construction of a new tower up to a height of 150 feet, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, if placed upon property owned, leased or otherwise controlled by the city in any non-residential district, providing a lease authorizing the tower has been approved by the governing authority.

8.108.6

Reserved.

8.109.1

General.

A.

If the proposed location, height, setback or other aspect of a proposed tower or antenna cannot comply with the minimum requirements established in this division, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in any zoning district. All such uses shall comply with requirements set forth in this division and all other applicable codes and ordinances, unless the applicant can show that the denial of a permit is such a location will cause a significantly harmful and permanent degradation of service which cannot be overcome by any other means including planned or potential locations which would provide the same or similar coverage or capacity.

B.

In granting a conditional use permit, the governing authority may impose conditions to the extent that it concludes such conditions are necessary to minimize adverse effects from the proposed tower on adjoining or nearby properties as set out in section 8.109.5.

8.109.2

Application, contents, fee. All applications for conditional use permits shall be submitted to the City of Emerson zoning administrator. Each application shall contain as a part thereof detailed plans and specifications as set forth in this division. An application for a conditional use permit shall not be accepted for processing without the required information. An application fee shall be charged as set forth in the City of Emerson fee schedule.

8.109.3

Co-location of antennas required. Applicants for the erection of a tower or antenna, except amateur radio operators, shall be required to co-located upon an existing tower structure. An exception to co-location shall only be made if the applicant adequately demonstrates that an existing tower suitable for co-location does not exist in the geographic antenna placement area, and that no suitable alternative tower structure is available as set forth in section 8.106.3 contained herein.

8.109.4

Independent expert review. The governing authority may engage a licensed professional engineer as an independent expert to review any of the materials submitted by an applicant for a conditional use permit and render an opinion regarding any concerns about the proposal, including but not limited to, structural integrity and the feasibility of alternative sites or co-location. Following the review of an independent expert, the governing authority shall convey its concerns to the applicant in writing and shall allow the applicant a reasonable opportunity to address those concerns. If the applicant is unable to satisfactorily address those concerns, the applicant shall be allowed a reasonable amount of time, not to exceed 30 days, following the receipt of the letter, in which to modify the application to alleviate the governing authority's concerns or withdraw the application altogether. The expert's opinion shall be considered determinative, unless the applicant agrees to pay the expenses of submitting both opinions for a peer review, which review shall then be considered final. If the independent third-party expert supports the applicant's expert, then the department shall pay the expenses of said third-party expert. If the independent third-party expert supports the position of the department, then the applicant shall pay the expenses of said third-party expert. No permit shall issue until the applicant has paid all expenses incurred under this section.

8.109.5

Considerations in approval or denial of conditional use permits. Any denial of a request to place, construct or modify a telecommunications facility shall be in writing and supported by substantial evidence contained in a written record. The following factors may be taken into consideration in acting upon a conditional use permit application under the provisions of this division:

A.

The height and setbacks of the proposed tower or antenna(s);

B.

The proximity of the tower or antenna(s) to residential structures and residential district boundaries;

C.

The nature of uses on adjacent and nearby properties;

D.

The surrounding topography;

E.

The surrounding tree coverage and foliage;

F.

The design of the tower or antenna(s), with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

G.

The proposed ingress and egress;

H.

The availability of suitable existing towers or other structures for antenna co-location;

I.

The impact of the proposed tower or antenna(s) upon scenic views and visual quality of the surrounding area;

J.

The needs of the applicant as balanced against the detrimental effects on surrounding properties;

K.

The impact of the proposed tower or antenna(s) on adjacent and nearby properties.

8.109.6

Requirements for issuance of conditional use permit. The conditional use permit may be issued by the governing authority only upon satisfaction of the following requirements:

A.

A proper application filed in accordance with the requirements of section 8.107;

B.

The application is otherwise in compliance with the conditions for the proposed conditional use required by this section;

C.

The applicant complies with the conditions proposed by the governing authority for the purpose of reducing the harmful effects of the use on surrounding uses and ensuring compatibility with surrounding uses;

D.

The governing authority determines that the benefits and need for the proposed conditional use are greater than any possible depreciating effects or damages to neighboring or nearby properties; and

E.

All fees, including expert fees, have been paid in full.

8.109.7

Resubmitted of conditional use application. An application for a conditional use permit which has been denied shall not be resubmitted for a period of 12 months and then only if the applicant can document a substantial change in need for a tower or antenna at the same location.

8.110.1

Placement of towers and antenna. Notwithstanding any other provision of this ordinance, no tower or antenna shall be permitted in a residential neighborhood or within 2,000 feet of any residentially used property unless the applicant can show that the denial of a permit in such a location will cause a significantly harmful and permanent degradation of service which cannot be overcome by any other means including planned or potential locations which would provide the same or similar coverage or capacity. For the purposes of this section, the phrase "residentially used property" shall mean the property on which the residence is located and not more than one acre of land, determined as if the residence was situated in the center of said tract.

8.111.1

Notice of abandoned antenna and structures. The owner of lessee of a tower or antenna shall promptly notify the department of its intent to abandon or the abandonment of any tower or antenna.

8.111.2

Removal of abandoned antennas and towers. Any tower or antenna that is not operated for a continuous period exceeding 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the structure within 90 days of such abandonment. If said tower or antenna is not removed within said 90 days, the governing authority may, in the manner provided in the City of Emerson unfit property ordinance, take such action as may be deemed necessary to remove, or cause to be removed, such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease utilizing the tower.

As used in this division, the following words have the following meanings:

"Automobile graveyard" - Any location which is maintained or used for storing, buying, or selling wrecked, scrapped, ruined, or dismantled, motor vehicles or motor vehicle parts.

"Junk" - Old or scrap copper; brass; rope; rags; batteries; paper; trash; rubber; wood; lumber; debris; waste; junked, immobile, dismantled or wrecked vehicles or parts thereof; or iron, steel, and other old scrap ferrous or nonferrous material.

"Junkyard" - Any location which is maintained or used for storing, buying, or selling junk as defined above, or for an automobile graveyard as defined above; and the term shall include, but not be limited to, garbage dumps, sanitary fills, and scrap processor establishments.

"Scrap processor" - Any person engaged only in the business of buying iron and metal, including, but not limited to, old automobiles, for the specific purpose of processing into raw material for re-melting purposes only, and whose principal product is ferrous and nonferrous scrap for shipment to steel mills, foundries, smelters, and refineries, and who maintains an established place of business in this state and has facilities and machinery designed for such processing.

It shall be unlawful for any person to establish, operate, or maintain any junkyard, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any highway, street, avenue, or alley, located in the city, except the following:

A.

Those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of such highway systems, or otherwise removed from sight;

B.

Those located within areas which are zoned light industry (LI) and heavy industry (HI).

The mayor and city council may promulgate uniform and reasonable regulations governing the screening or fencing of junkyards, including the materials used in such screening or fencing, and the location, construction, and maintenance thereof.

Whenever the zoning administrator discovers any of the aforesaid violation conditions to exist, he shall prepare a formal notice to the owner or occupant, which said notice shall be delivered to the owner or occupant by the zoning administrator, or his designee. If said notice cannot be served upon the owner or occupant, then said notice shall be left at the premises in violation of this division.

Said notice shall advise the tenant or occupant of the violation of this division, or the suspected violation, and shall give to the tenant or occupant not less than five nor longer than 30 days either to remove all of said materials and waste from the premises, or to screen or fence the premises as prescribed in section 8.123(A) above, and on occupant's or tenant's failure to comply with said notice and this division, a charge of violation of this division shall be referred by the city, as for any other unlawful act.

Any junkyard, the establishment operation or maintenance of which is made unlawful and which is not screened and/or fenced after proper notice of such violation, is declared to be a public and private nuisance and may be forthwith removed, obliterated or abated at the order of the zoning administrator. Fees for removal or abatement of the property in violation of this division may be charges, as set and determined by the mayor and city council, following such abatement or removal. The zoning administrator may then submit by registered mail a statement of the expenses of such removal or abatement to the person owning or operating such junkyard, and if payment is not made to the department within 30 days of receipt thereof, the zoning administrator shall certify the same for collection by judgment and fi. fa.

To preserve the public health, safety and welfare of the citizens of the City of Emerson, Georgia and to preserve the character of the neighborhoods in the city, and to conserve the limited law enforcement resources of the City of Emerson, adult entertainment uses, as defined by City Code, shall only be permitted to operate in compliance with the city's adult entertainment ordinance.

(Ord. No. 2023-015, § 1D, 7-24-2023)

Editor's note— Ord. No. 2023-015, § 1D, adopted July 24, 2023, repealed the former § 8.138 and enacted a new § 8.138 as set out herein. The former § 8.138 pertained to purpose and derived from Code of 2017, App. A, § 8.138.

Editor's note— Ord. No. 2023-015, § 1E, adopted July 24, 2023, repealed § 8.139, which pertained to general provisions, definitions and derived from Code of 2017, App. A, § 8.139.

Editor's note— Ord. No. 2023-015, § 1F, adopted July 24, 2023, repealed § 8.140, which pertained to restrictions, violations and derived from Code of 2017, App. A, § 8.140.

To provide location and operating standards for construction and demolition waste management facilities in the City of Emerson. This division will act in conjunction with the joint solid waste management plan for Bartow County and the Cities of Adairsville, Cartersville, Emerson, Euharlee, Kingston, Taylorsville and White to protect the health, safety, and well-being of the residents of Emerson and the natural resources of Emerson and the surrounding area. This division applies to all new and expanded construction and demolition waste management facilities within the city limits.

As used in this division, the following words have the following meanings:

The term:

"Buffer" means a natural or enhanced vegetative area with no or limited land disturbances.

"Fill" means gravel, rock, soil, sand, uncontaminated concrete or fully cured asphalt.

"Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present.

"Construction and demolition waste" means waste building materials and rubble resulting from construction, remodeling, repair, or demolition operations on pavements, houses, commercial buildings, and other structures. Such waste includes, but is not limited to, waste containing asbestos, wood, bricks, metal, concrete, wallboard, paper, cardboard, and other nonputrescible wastes associated with construction and demolition activities which have low potential for groundwater contamination.

"Leachate" means a liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such wastes.

"Litter" means discarded materials of every kind as referenced in O.C.G.A. § 16-7-42(1).

"Putrescible waste" means solid wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, vectors, gases, or other offensive conditions and include such materials as, but not limited to, food wastes, offal and dead animals.

"Vector" means animals and insects capable of transmitting the causative agents of human disease.

Environmental protection.

1.

Waste may only be disposed of in a construction and demolition waste management facility if (1) it is construction and demolition waste and (2) it is not likely to produce leachate of environmental concern (either type of leachate or amount).

2.

Construction and demolition waste may not contain any putrescible or hazardous wastes.

Location standards.

1.

No construction and demolition waste management facility may be located within 500 feet of a residentially-used parcel or sub-division, school or college, or public park. No construction and demolition waste management facility may be located within 200 feet of any property line. No construction and demolition waste management facility may be located upon any site less than 100 acres.

2.

The construction and demolition waste management facility shall not be located on an unstable slope.

3.

No construction and demolition waste management facility shall be located over a Holocene fault, in subsidence areas, or on geologic features which could compromise the structural integrity of the facility.

4.

No solid waste management facility shall be constructed within a 200-foot buffer on both sides of a perennial stream. No impervious surface shall be constructed within 300 feet of either side of the stream.

5.

No construction and demolition waste management facility shall be located in a 500-foot buffer around water supply reservoirs.

6.

No construction and demolition waste landfill shall be located within 1,000 feet of any surface water intake point, down gradient drinking water supply well or within 200 feet of a stream, lake, pond, river, wetland or public land that is being used by a public water system for watershed control.

7.

All buffers shall remain in their natural vegetative state.

A.

Operating hours.

1.

All operations, other than maintenance of equipment in fully enclosed buildings, shall be conducted only between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. A sign clearly indicating the hours of operation and prohibiting dumping at all other times shall be placed in a conspicuous location at the entrance. Disposal facilities shall have qualified personnel on duty at all times to direct the dumping, spreading, compaction, and covering of materials. All such personnel shall reside in an area close enough to the landfill site to respond promptly in the event of a fire.

B.

Other signage.

1.

The owner or operator shall display the types of waste which may be disposed of at the facility and the types of waste prohibited.

C.

The owner or operator shall control access to the facility and shall prevent unauthorized vehicular traffic and illegal dumping of wastes.

D.

The owner or operator shall develop and implement procedures to identify and prevent non-construction and demolition wastes from being accepted or mixed with construction and demolition wastes, including procedures for ensuring that only construction and demolition wastes (as defined) are accepted and for handling unacceptable wastes.

E.

The owner or operator shall provide suitable and effective means to prevent and control fires.

F.

All construction and demolition wastes disposed of shall be handled in a manner that controls dust and prevents erosion and sedimentation. Procedures for routine filling and grading shall be developed and implemented.

G.

The operator shall inspect and maintain the facility and equipment to prevent malfunctions and deterioration.

H.

The operator shall maintain daily operating records of the quantities of construction and demolition waste disposed.

I.

The operator shall not permit litter to accumulate.

A.

A uniform compacted layer of final cover not less than two feet in depth and a vegetative cover shall be placed over the final layer not later than one month following final placement of construction and demolition waste within that layer.

B.

Notice of final closure shall be provided to the city council no later than 30 days of receiving the final load of construction and demolition waste.

C.

A facility shall be considered closed after six months of inactivity.

A.

Each person proposing to locate a construction and demolition waste management facility within the boundaries of the city shall submit an application for determination of plan consistency demonstrating compliance with the provisions contained in this division and consistency with the city's solid waste management plan.

B.

Upon enactment of this division, no new construction and demolition waste management facility shall be operated within the city's limits without a letter of assurance from the city council.

C.

Application procedures.

1.

An applicant shall prepare and file an application for determination of plan consistency with the city council. The application shall include all related documents submitted to any other governmental entity. The application shall contain the following information:

a.

The name and address of the corporation, its financial capability, and a brief history of all of its past activities in the field of solid waste management.

b.

Evidence of liability insurance coverage with minimum limits of $1,000,000.00 for sudden events and $2,000,000.00 for non-sudden events. Such insurance shall cover injury or damage occurring upon the facility site and upon properties in the vicinity of the construction and demolition waste management facility as a result of conditions or activities occurring in connection with the operation of the facility. An insurance carrier approved by the city council shall issue such policies and such policies shall be filed with the city council. The coverage obtained to fulfill the requirements of this section shall include the provision that the insurer notify the city council 30 days prior to the cancellation of the insurance for any reason. The insured shall provide evidence that $2,000,000.00 liability insurance is to run for two years subsequent to closure of the facility to cover post-closure claims.

c.

Justification for and anticipated benefits from the facility.

d.

A description of the scope of the proposed facility, including an estimated schedule of how much waste the facility will accept, sources of the waste, and how long the facility is expected to be in operation.

e.

Yearly site expenses and an estimate of the costs for the lifetime of the facility.

f.

The proposed method of financing the facility, including development, operating, and closure stages.

g.

Resumes of management personnel and the proposed number of employees and types of positions, including information about the training and experience required for each position and safety precautions undertaken for the protection of personnel.

h.

Anticipated dates to begin construction and to begin operation.

i.

A detailed estimate of the types and amounts of local government services, if any, required by the operator in each year of operation.

j.

A description of emergency procedures and safety and security precautions that will be used in the facility. This information shall include details on emergency assistance and emergency medical treatment that will be required from the area's medical facilities, Bartow County Rescue Squad and nearby fire departments.

k.

A description of the environmental protection measures to be taken by the applicant to prevent erosion and sedimentation in and around the facility site.

l.

A description of anticipated need for post-closure care.

2.

A map or other written material attached to the application shall include, but is not limited to, the following information.

a.

Name, address, and telephone number of the legal owner (and/or agent) of the property on which the facility is to be located.

b.

Name, address and telephone number of professional person(s) responsible for the plat of survey.

c.

Identification and description of any existing easements or rights-of-way affecting the property.

d.

Reference to any restrictive covenants on the property.

e.

Description of the property itself, including a location on a property tax map and the parcel number. The description should include reference to a deed book and page number or other evidence of title the current property owner may have.

f.

The map shall be drawn to scale and shall show the location of the subject property in relation to the immediately surrounding area. Also, the map shall show surrounding property and roads, the names and addresses of adjacent property owners, as indicated by Bartow County tax records, and existing uses of the surrounding property.

g.

The map shall contain the graphic scale, date of survey, North arrow and legend.

h.

The location of all boundary lines of the property, the total acreage of the land in the project and the location of existing and/or platted streets, easements, buildings, cemeteries, sewers, water mains, culverts, wells and gas and electric transmission lines.

i.

The location of water bodies, water courses, groundwater aquifers, springs, wetlands, and other related and similar features.

3.

A topographic map with contours at vertical intervals of not more than five feet at the same scale as to the project site map. The name of the preparer, date of preparation and the method of preparation shall be included.

4.

The applicant shall provide 15 copies of the application and all associated documents to the city council.

A.

The city council shall require an application fee in the amount of $3,500.00 to reimburse the city for the costs of any needed professional services or assistance that may be required to evaluate the permit application and amendments, their contents, and evaluate the impact of a permit on the community, public health and the environment. Funds not expended in the legitimate review of the permit application shall be returned to the applicant.

B.

Failure to provide these funds within 30 days of demand shall result in termination of the permit process or cancellation of the permit. The city council may take legal action against the applicant for any costs incurred by the city up to the point of termination.

C.

Upon payment of the fee herein, the city may employ its own consultant to review the application and compliance with this division.

A.

Upon identifying a potential site for project, the applicant shall notify the city council and participate in a public meeting.

1.

The city council or its designee shall give notice of the meeting to be published in a newspaper of general circulation at least twice a week for two weeks immediately preceding the date of the meeting. The applicant shall pay for the cost of publishing the notice.

2.

The notice shall state the date, time, place and purpose of the meeting, which purpose shall be to discuss the waste management needs of the city, to describe the sitting process to be followed, and to allow for public input.

3.

The meeting shall be conducted by the city council or its designee.

B.

Within 45 days of receiving a completed application and the processing fee, the city council shall set a time for a public hearing.

1.

The applicant shall arrange and pay for notice of such hearing to be published at least twice prior to the hearing in the newspaper which is the legal organ in Bartow County. Notice shall be published at least seven and no more than 30 days prior to said hearing and shall include the date, time, place, and purpose of the hearing. Copies of said notices or certification from the publisher shall be submitted to the city council prior to the hearing.

C.

Once a completed application is submitted to the city council, the applicant shall also be required to send a letter via first class mail to all adjoining property owners, as shown on the tax records of Bartow County as of the date of application and to all owners of property any portion of which is within 1,000 feet of the boundary of the facility. This letter shall state that the applicant is seeking a letter of assurance for a construction and demolition waste management facility. Certification of sending this letter shall be provided to the city council, along with a list of all owners, prior to the hearing for public comment on the completed application.

D.

The applicant shall give notice by regular mail of the time and place of the hearing to the owner and adjacent property owners. Said notice shall be mailed at least 14 days prior to the date of the meeting. Notice of said meeting shall also be posted by the applicant at the proposed facility site on each and every street of access at least 14 days prior said meeting. Posting of the notice shall be at intervals not greater than 1,500 feet. The applicant shall also place notice in a newspaper of general circulation in Bartow County no less than 14 days prior to the hearing.

E.

At the meeting, the general procedure will be:

1.

The applicant shall present its application and supplemental information which may have been requested by the city council.

2.

City councilmembers shall have the opportunity to ask questions of the applicant, the city council's experts and the applicant's experts, and of supporters and opponents of the facility.

3.

Supporters and opponents of the facility shall have the same amount of time to present information and air their concerns. Such time period shall be of at least 15 minutes' duration and may be longer if the application is complex or the number of experts and other witnesses warrants an extended period of time.

4.

If there are more than five opponents or supporters of the facility, the city council may require that a spokesperson be designated.

5.

Opponents and supporters of the facility may be represented by an attorney or attorneys. The applicant, supporters and opponents shall have the right to provide testimony, including expert testimony, in support of their position and supporters and opponents (or their spokesperson) shall have the right to ask questions in an orderly fashion as determined by city council or its designee.

6.

No later than 45 days after receipt of the final analysis, complete application, and final public meeting, the consultant(s) designated in Paragraph C of section 6 shall make a recommendation to the city council at a public meeting on whether to accept the application, deny it, or accept it with modifications.

A.

The city council shall issue a letter of assurance for any construction and demolition waste management facility in the City of Emerson, as required by state law and regulations, if such facility complies with the location standards contained in this division and is consistent with the city's solid waste management plan.

B.

Before deciding whether to accept the proposal or to accept it with modifications, the city council shall make the following determinations:

1.

That there is a bona fide need for the facility and there is no reasonable alternative facility which will impact the environment less adversely;

2.

That the construction and operation of the facility will not pose an unreasonable health or environmental risk to the surrounding area;

3.

That the applicant or the operator has the capability and the financial resources to construct, operate, and maintain the facility;

4.

That the applicant or operator has taken or consented in writing to take any and all reasonable measures to comply with the applicable federal, state and local laws, regulations, and divisions;

5.

That the applicant's plan represents the best available technology for handling the waste and the applicant has demonstrated that it will use the best management practices in handling the waste at the proposed facility;

6.

Whether the proposed use will have a negative impact on traffic on adjacent streets and/or on adjacent residential, commercial and industrial uses;

7.

Whether the proposed use is compatible with the surrounding properties, uses, and governmental facilities;

8.

Whether the proposed use will have a negative impact on health, safety, aesthetics, property values, or other elements of the community;

9.

If there are environmentally sensitive areas on the subject property, whether the proposed plans adequately protect those areas;

10.

That the facility is compatible with the City of Emerson's integrated long-range solid waste management plan, taking into account alternative methods of management such as recycling;

11.

Impact a facility will have on the disposal capability of the county;

12.

Facility's effect on the county's disposal reduction goal;

13.

Facility's impact on solid waste management rates;

14.

Facility's impact on nearby cultural and natural resources;

15.

Facility's impact on solid waste management infrastructure;

16.

Facility's consistency with local zoning ordinances.

C.

Subsequent to its consideration of the issues cited above, the city council shall, at its next scheduled meeting, make a decision to grant the permit, deny it, or grant it with specified conditions. Each councilmember may prepare a written decision to be voted on by the entire council. Each decision prepared and the final decision shall be based on evidence in the record and the criteria contained in this division. This final decision of the entire council shall be in writing.

D.

Approval of a proposal shall be specifically conditioned to the site plan, maps, elevation renderings and other detailed plans to ensure that the development is constructed in accordance with all the previously presented materials. Approval may also impose additional conditions, if the conditions are designed to minimize the impact of the use on adjacent property, streets and the like.

In the event the application is denied, the applicant shall have the right to appeal the decision to the superior court of Bartow County. Said appeal must be filed within 30 days of the day on which the decision was rendered. The applicant shall forward a copy of the appeal to the city clerk and the clerk shall forward a copy of the entire record (including all evidence submitted) to the superior court as soon as is practicable, along with the minutes of the hearings, copies of the tapes or transcriptions of the hearings, the written decision, a copy of this ordinance and all other relevant ordinances, maps and documents.

Failure to comply with the operating or other requirements of this division shall result in a fine not less than $250.00 nor more than $1,000.00 per day per violation.

This division shall not apply to any permitted construction and demolition waste management facility in operation on the effective date of this ordinance and any such facility shall be allowed to continue in operation. The division shall apply, however, to any new or expanded facility.

The purpose of this division is to provide location and operating standards for solid waste management facilities and transfer stations in the City of Emerson. This division will act in conjunction with the joint solid waste management plan for Bartow County and the Cities of Adairsville, Cartersville, Emerson, Euharlee, Kingston, Taylorsville and White to protect the health, safety, and well-being of the residents and the natural resources of the City of Emerson.

As used in this division, the following words have the following meanings:

The term:

"100-year floodplain" means the lowland and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands that are inundated by the 100-year flood. A 100-year flood is a flood with a one-percent or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in a 100 years on the average over a significantly long period of time.

"Buffer" means a natural or enhanced vegetated area with no or limited land disturbances.

"EPD" means the environmental protection division of the department of natural resources.

"Fault" means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side. Displacement is the relative movement of any two sides of a fault measured in any direction.

"Groundwater" means water below the land surface in a zone of saturation.

"Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present.

"Landfill" means any disposal facility where any amount of waste (of any variety) is disposed of.

"Lateral expansion" means a horizontal expansion of the waste boundaries of an existing landfill unit.

"Leachate" means a liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such wastes.

"Letter of assurance" means the letter from the mayor or the city manager, as authorized by the city council, acknowledging that the planned landfill complies with local zoning and land use regulations required by the EPD to be submitted along with a solid waste management facility site design and operational plan.

"Liner" means a continuous layer of natural or man-made materials, beneath or on the sides of a disposal site or disposal site cell which restricts the downward or lateral escape of solid waste, solid waste constituents, or leachate.

"Litter" means discarded materials of every kind as referenced in O.C.G.A. § 16-7-42(1).

"Operator" means the person(s) responsible for the overall operation of a solid waste facility or part of a solid waste facility.

"Owner" means the person(s) who own a solid waste facility or part of a solid waste facility.

"Person" means the State of Georgia or any other state or agency or institution thereof, and any municipality, county, political subdivision, public or private corporation, solid waste authority, special district empowered to engage in solid waste management activities, individual, partnership, association or other entity in Georgia or any other state. This term also includes any officer or governing or managing body of any municipality, county, political subdivision, solid waste authority, or special district empowered to engage in solid waste management activities, or public or private corporation, in Georgia or any other state. This term also includes employees, departments, and agencies of the federal government.

"Seismic impact zone" means an area with a ten percent or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull, will exceed 0.10 g in 250 years. Maximum horizontal acceleration in lithified earth material means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a 90 percent or greater probability that the acceleration will not be exceeded in 250 years or the maximum expected horizontal acceleration based on site-specific seismic risk assessment. Lithified earth material means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or induration of loose sediments. This term does not include man-made materials such as fill, concrete and asphalt or unconsolidated earth materials, soil, or regolith lying at or near the earth surface.

"Significant groundwater recharge area" means any area of the earth's surface where water infiltrates into the ground to replenish an aquifer that has been mapped by the Georgia Department of Natural Resources in Hydrologic Atlas 18 (1989 edition) within Bartow County. Hydrologic Atlas 18, prepared by the Georgia Department of Natural Resources and published by the Georgia Geologic Survey, identifies the most significant groundwater recharge areas of Georgia as spotted areas labeled as "areas of thick soils." Hydrologic Atlas 18 is adopted by and incorporated herein as part of this division as if fully included within the four corners of this division.

"Solid waste" means any garbage or refuse; sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility; and other discarded material including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining, and agricultural activities, but does not include recovered materials; solid or dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permitting under 33 U.S.C. section 1342; or source, special nuclear, or by-product material as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. 923).

"Solid waste management" means the systematic administration of activities which provides for the collection, source separation, storage, transportation, transfer, processing, treatment and disposal of solid waste.

"Solid waste management facility" includes any facility for the collection, source separation, storage, transportation, transfer, processing, treatment or disposal of solid wastes.

"Transfer station" is a facility where municipal solid waste is unloaded from collection vehicles and briefly held while it is reloaded onto larger long-distance transport vehicles for shipment to landfills or other treatment or disposal facilities.

"Unstable areas" mean areas susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill such as, but not limited to, poor foundation conditions, areas susceptible to mass movements and karst terrains.

"Waste disposal boundary" means the limit of all waste disposal areas, appurtenances, and ancillary activities (including, but not limited to, internal access road and drainage control devices.)

"Waters of the state" mean any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.

"Wetlands" mean those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal conditions do support a prevalence of vegetation typically adapted for life in saturated soil conditions and those areas defined as wetlands by the U. S. Army Corps of Engineers. Wetlands generally include swamps, marshes, bogs, and similar areas.

A.

All landfills shall comply with the liner and leachate collection requirements as provided by the Georgia Environmental Protection Division. At a minimum:

1.

Liners and leachate collection systems: new landfill units and lateral expansions shall be constructed with liners and leachate collection systems. The liner and leachate collection system must ensure that the concentration values listed in Table 1 below will not be exceeded in the uppermost aquifer at the relevant point of compliance. The liner and leachate collection system must be designed and installed under the supervision of a professional engineer registered to practice in Georgia who shall certify the installation.

TABLE 1

2.

The liner and leachate collection system, shall at a minimum, be designed with the following: a composite liner (which means a system consisting of two components: an upper component consisting of at least a 30-mil flexible membrane liner (FML) and a lower component consisting of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1 x 10 <-7> cm/sec. FML components consisting of high density polyethylene (HDPE) shall be at least 60-rail thick. The FML component must be installed in direct and uniform contact with the compacted soil component) and a leachate collection system that is designed and constructed to maintain less than a 30-centimeter depth of leachate over liner and at least a five-foot separation between the synthetic liner and the seasonal high groundwater elevation.

3.

Hazardous wastes, as defined in O.C.G.A. § 12-8-62(10) as may be amended from time to time, are prohibited.

B.

Location standards.

1.

In all discussions concerning compliance with the requirements of this division, the point at which determination of compliance is made (relevant point of compliance) shall be no more than 150 meters from the waste management unit boundary and shall be located on land owned by the owner of the solid waste management facility. In determining the relevant point of compliance, the following factors, at a minimum, shall be considered: hydrogeologic characteristics of the facility and surrounding land; the volume and physical and chemical characteristics of the leachate; the quantity, quality and direction of flow of groundwater; the proximity and withdrawal rate of the groundwater users; the availability of alternative drinking water supplies; the existing quality of the groundwater, including other sources of contamination and their cumulative impacts on the groundwater and whether groundwater is currently used or reasonably expected to be used for drinking water; the effects on public health, safety, and welfare; the capability of the owner and the operator.

2.

Minimum acreage for a new landfill shall be 1,000 acres.

3.

No new landfill or lateral expansion of an existing landfill shall be located within one mile of the outer boundary of a significant groundwater recharge area.

4.

No solid waste management facility shall be constructed within a 200-foot buffer on both sides of a perennial stream. No impervious surface shall be constructed within 300 feet of either side of the stream.

5.

No solid waste management facility shall be located in a 500-foot buffer around water supply reservoirs.

6.

No solid waste management facility shall be located within two miles of any surface water intake point.

7.

No new landfill or lateral expansion of an existing landfill shall be located in wetlands or within 250 feet of a wetland.

8.

No solid waste management facility may be located in any 100-year flood plain. No solid waste landfill may be located within 250 feet of a 100-year flood plain.

9.

No new landfill or lateral expansion of an existing landfill shall be located in a seismic impact zone.

10.

No new landfill or lateral expansion of an existing landfill shall be located in unstable areas.

11.

No new landfill or lateral expansion of an existing landfill shall be located within 200 feet of a fault that has had displacement during the Holocene era.

12.

No solid waste management facility may be located within 500 feet of a residentially-used parcel or subdivision, school or college, or public park. No solid waste management facility may be located within 200 feet of any property line.

13.

No disposal area shall interfere with the established natural flow of surface waters to the detriment or damage to adjoining public or private properties. The city council shall have the right to require the applicant to construct adequate sediment basins if it appears that substantial water or sediment may be carried into any nearby property or state waters.

14.

Prior to commencing any landfill operation within the municipal limits, the owner/operator of the proposed landfill shall obtain a water sample from all state waters and from all water supply wells located within two miles of the outmost boundaries of the site on which the landfill is located. Said water sample(s) shall be analyzed for the presence of all constituents listed in Appendices I and II to 40 CFR para. 258, subpart E, as amended; 56 Fed Reg 51032-51039 (October 9, 1991) by a properly accredited laboratory approved by the city council. The said sample(s) shall be identified by the exact locations from which the sample(s) came, the name and address of the owner(s) of the property from which the sample(s) was/were taken and the name and address of the principal user(s) of the water supply well, if different from the owner, if such a well is located on the property. The results of the analysis/analyses shall be certified by the laboratory and submitted to each property owner from whose property a sample was taken and also to the city council.

15.

All new landfills shall be located on a state highway or county primary road, as defined by the Bartow County commissioner, for ingress and egress and on a road which does not create traffic through an area developed primarily for residential purposes. Where necessary, the city council may require the owner/operator to construct or improve a road to accommodate truck traffic necessitated by the operation of the landfill, as a condition of operation and for the purpose of routing traffic around residential areas.

16.

Sufficient setback shall be provided from all property lines and public highways to assure adequate lateral support for the maintenance of adjacent properties. No disposal area shall be permitted closer than 1,000 feet from the interior boundary lines of the landfill site. Disposal areas shall at no time be permitted where adjoining lateral support for the maintenance of adjoining land is not maintained.

A.

Sight barriers and fencing.

1.

Sight barriers shall be provided between the property boundary and the 1000-foot setback for all sites lacking natural screening conditions. Sight barriers shall consist of berms and/or vegetation sufficiently thick as to be completely opaque in order to prevent viewing any landfill cell at all times of year.

2.

The landfill cells and operations areas shall be completely fenced with chain-link material eight feet in height as measured from the ground and topped with three strands of barbed wire angled at 45 degrees toward the outside of the site. Such fencing shall be located inside any berms or screening following the exterior boundaries of the site. All entrances to the sites shall have an eight-foot high gate which shall be closed and secured at all times the landfill is not open.

B.

Nuisance abatement.

1.

Air pollution, noise, and vibration and their effects upon adjacent property owners shall be minimized by the use of adequate sound-proofed equipment and buildings designed to accomplish such minimization and approved by the city council and by the proper use of berms, walls, and natural planting screens. Interior and adjoining roads used in operations shall have their surfaces treated to minimize air pollution, noise, and vibration.

2.

Rodent traps shall be placed 100 yards apart around the perimeter of the landfill, inside the fence, and shall be inspected and cleaned not less than once per day.

3.

Any security lighting deemed necessary by the owner/operator shall be of the sodium vapor type and shall be placed and aligned so that no part of the illumination field falls on adjacent property.

4.

Every landfill shall, at the expense of the owner/operator, connect to a public water supply and install at least one outlet per square acre in order to ensure adequate water supply and facilities for quick delivery of water to any part of the property for the purpose of extinguishing fires. Capacity shall be such that at least 50 gallons of water per minute can be applied to any fire, continuously, for at least ten hours. The source of the water supply and facilities to provide for the delivery of water shall be indicated on the plans submitted for approval to the city council.

5.

Every landfill shall, at the owner/operator's expense, connect to a public sewer system for the disposal of its leachate. If it is determined that the public sewer system is inadequate to handle all of the landfill's leachate, the owner/operator shall fund the necessary improvements to said sewer system.

6.

All litter shall be collected from the landfill site by the end of each working day and either placed in the fill and compacted and covered that same day or stored in a covered container.

7.

All wells to be included in the groundwater monitoring program required by the EPD shall be monitored quarterly for all constituents in Appendix I and annually for all constituents contained in Appendix II of 40 CFR Para. 258, subpart E, as amended, 56 Fed. Reg. 51032-51039 (October 9, 1991). Copies of all monitoring test well results shall be delivered to the city council promptly upon receipt by the owner/operator.

8.

Under no circumstances shall trucks transporting waste to the facility use private drives or private access routes within 300 feet of any residence.

C.

Operating hours.

1.

All operations, other than maintenance of equipment in fully enclosed buildings, shall be conducted only between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. A sign clearly indicating the hours of operation and prohibiting dumping at all other times shall be placed in a conspicuous location at the entrance. Disposal facilities shall have qualified personnel on duty at all times to direct the dumping, spreading, compaction, and covering of materials. All such personnel shall reside in an area close enough to the landfill site to respond promptly in the event of a fire.

D.

Access by residents of Emerson.

1.

Any landfill shall be open to use by the city's residents, property owners and businesses during established business hours, at a rate to be agreed upon by the city council. Special handling fees may be imposed for bulky or difficult-to-process items.

E.

Mitigation trust fund to address landfill problems.

1.

A trust fund shall be established at any reputable bank in Bartow County which bank has been selected by the city council. The owner/operator shall pay $1.00 per ton of waste disposed into this trust fund for the life of the landfill. Expenditures from this trust fund are to be approved by a committee consisting of one resident appointed by the city council, the mayor or city manager, and one representative of the owner/operator. Funds may be used, without limitation, for off-site litter control, groundwater and surface water monitoring, alternative water supplies, and making payment to adjacent property owners and others, at the discretion of the committee, for damages caused as a result of the landfill or its related operations. The trust fund shall exist and earn interest for 20 years following the closing of the landfill and, at the expiration of the 20 years, the remaining funds shall be paid to the owner/operator, or its/their successor(s) and assign(s).

2.

In the event there is a statistically significant increase over background values, as determined by the city council, of any constituent for which monitoring is required, further waste disposal shall cease until such time as the groundwater contamination has been remediated to background values. When any water supply well is located down-gradient and within one mile of a contaminant plume, as determined by the city council, an alternate water supply shall, at the discretion of the city council, be provided by the owner/operator, for the protection of public health and welfare. And the owner/operator shall supply bottled water as a temporary measure until a permanent alternate water supply can be provided by installing a new well in a location approved by the city council and the affected property owner by connecting the property owner to an existing city water supply, if acceptable to the property owner or, if requested by the city council, by building and donating to the city a public water supply system.

F.

Reclamation or redevelopment.

1.

A reclamation plan for closing a landfill shall be submitted to and approved by the city council along with the application required by this division. The plan shall propose reclamation or redevelopment that will best serve the needs and interests of the city's residents. Reclamation or redevelopment shall be accomplished as soon as practicable following closure of any areas of the landfill. Substantial completion of reclamation or redevelopment shall be effected within two years after closure of the waste disposal facility. Inactivity for six consecutive months shall constitute termination of disposal activities for the purpose of this division.

2.

Approval of a reclamation or redevelopment plan by the city council will be based upon consideration of the following factors: most advantageous use of the land, resources, and property; character of the area in question and its particular suitability, if any, for the particular use; conservation of property values as well as natural resources and the general (appropriate) trend and character of development in the area involved; the protection and preservation of the general health, safety, and welfare of the city and its residents.

A.

Each person proposing to locate a solid waste management facility within the boundaries of the City of Emerson shall submit an application for determination of plan consistency demonstrating compliance with the provisions contained in this division and consistency with the city's solid waste management plan.

B.

Upon enactment of this division, no new landfills shall be operated within the city's limits without a letter of assurance from the city council.

C.

Application procedures.

1.

An applicant shall prepare and file an application for determination of plan consistency with the city council. The application shall include all related documents submitted to the federal government and to the State of Georgia.

2.

The application shall contain the following information:

a.

A description of the corporation, its financial capability, and a detailed history of all of its past activities in the field of solid waste management, including a synopsis of every other facility it has operated and including a detailed account of all past and pending litigation, including the outcome of said litigation. Also to be included is information about the record of any subsidiary or parent corporation holding more than five percent of the outstanding shares of the applicant corporation. Also to be included is a list of all past and present litigation in which the subsidiary and/or the parent corporation has been involved.

b.

Evidence of liability insurance coverage with minimum limits of $1,000,000.00 for sudden events and $10,000,000.00 for non-sudden events. Such insurance shall cover injury or damage occurring upon the site of the operation and upon properties in the vicinity of the landfill as a result of conditions or activities occurring in connection with the operation of the landfill. An insurance carrier approved by the city council shall issue such policies and such policies shall be filed with the city council. The deductible written into the insurance policy shall not exceed five of the per-incident limit of the liability of the policy. The coverage obtained to fulfill the requirements of this section shall include the provision that the insurer notify the city council 30 days prior to the cancellation of the insurance for any reason. The insured shall provide evidence that $10,000,000.00 liability insurance is to run for five years subsequent to closure of the facility to cover post-closure claims. The insured shall also provide a history of claims against the corporation at any site, including claims against a subsidiary and/or parent corporation.

c.

Justification for and anticipated benefits from the facility.

d.

A description of the scope of the proposed facility, including an estimated schedule of how much and what kinds of waste the facility would accept, sources of the waste, what pretreatment would be required of wastes unacceptable to the facility without such pretreatment, and how long the facility is expected to be in operation.

e.

Yearly site expenses and an estimate of the costs for the lifetime of the facility.

f.

The proposed method of financing the facility, including development, operating, and closure stages. Also to be included is the name of the financial institution(s) which will be funding the project.

g.

Resumes of management personnel and the proposed number of employees and types of positions, including information about the training and experience required for each position and safety precautions undertaken for the protection of personnel.

h.

Anticipated dates to begin construction and to begin operation.

i.

A detailed estimate of the types and amounts of local government services required by the operator in each year of operation.

j.

A description of emergency procedures and safety and security precautions that will be used in the facility. This information shall include details of emergency assistance and emergency medical treatment that will be required from the area's medical facilities, the Bartow County Rescue Squad and nearby fire departments.

k.

A description of the environmental protection measures to be taken by the applicant to prevent contamination in and around the facility site and the description of planned monitoring systems, with an estimated annual budget for each of these items.

l.

A description of the environmental protection measures to be used during the transportation of materials to and from the facility, with an estimated annual budget for those arrangements and an estimate of the volume of material to be transported during each year of operation.

m.

A description of the site closure plan for the facility, the anticipated date of closure, and the estimated cost of closure, including post-closure costs, if any.

n.

A description of anticipated need for post-closure care.

3.

A map or other written material attached to the application shall include, but is not limited to the following information.

a.

Name, address, and telephone number of the legal owner (and/or agent) of the property on which the facility is to be located;

b.

Name, address and telephone number of professional person(s) responsible for the plat of survey.

c.

Identification and description of any existing easements or rights-of-way affecting the property.

d.

Reference to any restrictive covenants on the property.

e.

Description of the property itself, including a location on a property tax map and the parcel number. The description should include reference to a deed book and page number or other evidence of title the current property owner may have.

f.

The map shall be drawn to a scale of not more than 200 feet to the inch and shall show the location of the subject property in relation to the immediately surrounding area. Also, the map shall show surrounding property and roads, the names and addresses of adjacent property owners, as indicated by Bartow County tax records, and existing uses of the surrounding property.

g.

The map shall contain the graphic scale, date of survey, North arrow and legend.

h.

The location of all boundary lines of the property, the total acreage of the land in the project, the location of existing and/or platted streets, easements, buildings, railroads, cemeteries, bridges, sewers, water mains, culverts, wells and gas and electric transmission lines.

i.

The location of water bodies, water courses, groundwater aquifers, springs, wetlands, and other related and similar features.

j.

The location, dimensions and acreage of all property proposed to be set aside for various uses on the applicant's property.

k.

The location of all test wells and/or borings.

l.

The location of the 500- and 100-year flood plain and records of flood, including inundation due to dam break.

m.

The location of historic properties and grave sites, including any plans to relocate graves or to affect historic properties.

4.

A geological map shall also be included in the application. Said map shall show the location of faults, dikes, sills and other pertinent geologic features, including bedrock type and strike and dip of any mappable bedding; the depth and degree of weathering (saprolite); identification and location of clay as to thickness, type and permeability; and location of the water table as to approximate depth, gradient, and surface configuration.

5.

A topographic map with contours at vertical intervals of not more than five feet at the same scale as to the project site map. The name of the preparer, date of preparation and the method of preparation shall be included.

6.

A transportation route map showing the proposed transportation routes to and from the facility site, including the location of towns and emergency and safety facilities. Also included shall be an estimate of the volume of material to travel on each route.

7.

The application shall address the following factors with regard to, but not limited to, on-site storage and/or disposal.

a.

Contaminant flow to water table, including leachate monitoring, collecting and withdrawal systems, clay and synthetic liners (extra thickness, multiple liners); spill prevention and control measures.

b.

Contaminant movement to groundwater, including groundwater monitoring systems at the site and in potentially affected areas; subsurface "slurry wall" barrier controls and other groundwater withdrawals in the area.

c.

Predictability of contaminant movement, based on preconstruction borings and groundwater modeling.

d.

Potential effect on surface waters, planned collection systems for surface water runoff, and planned exclusion systems for surface water run-on.

e.

Potential effect on aquifers, planned provisions for alternate water supply systems and facilities for immediate pumping and treatment of contaminated water.

f.

Potential effect on public water supply, planned runoff collection and treatment and provisions for an alternate supply system.

g.

Possibility of site flooding; planned special facility design, special control dikes and buffer zone setback in the area of standard project flood area.

8.

In addition to all of the above, the application must show the ability to comply with all the provisions contained in section 2, provision 3B, location standards.

9.

The applicant shall provide 15 copies of the application and associated documents to the city council.

A.

The city council shall require an application fee in the amount of $25,000.00 to reimburse the city for the costs of any needed professional services or assistance that may be required to evaluate the permit application and amendments, verify its contents, and evaluate the impact of a permit in the community, public health and the environment. The professional services or assistance required may include, but not be limited to, lawyers, hydrologists, biologists, geologists, engineers, chemists, emergency response, transportation and public health experts, land appraisers and professional testing laboratories. Funds not so expended in the legitimate review of the permit application shall be returned to the applicant.

B.

Failure to provide these funds within 30 days of demand shall result in termination of the permit process or cancellation of the permit. The city council may take legal action against the applicant for any costs incurred by the city up to the point of termination.

C.

Upon payment of the fee herein, the city may employ its own consultant to review the application and compliance with this division.

A.

Upon identifying a potential site for project, the applicant shall notify the city council and participate in a public meeting.

1.

The city council or its designee shall give notice of the meeting to be published in a newspaper of general circulation at least twice preceding the date of the meeting. The applicant shall pay for the cost of publishing the notice.

2.

The notice shall state the date, time, place and purpose of the meeting, which purpose shall be to discuss the waste management needs of the city, to describe the siting process to be followed, and to allow for public input.

3.

The meeting shall be conducted by the city council or its designee.

B.

Within 45 days of receiving a completed application and the processing fee, the city council shall set a time for a public hearing.

1.

The applicant shall arrange and pay for notice of such hearing to be published at least twice prior to the hearing in the newspaper which is the legal organ in Bartow County. The first notice shall be published at least 30 and no more than 45 days prior to said hearing and shall include the date, time, place, and purpose of the hearing. Copies of said notices or certification from the publisher shall be submitted to the city council prior to the hearing.

C.

Once a completed application is submitted to the city council, the applicant shall also be required to send a letter via first class mail to all adjoining property owners, as shown on the tax records of Bartow County as of the date of application and to all owners of property any portion of which is within 1,000 feet of the boundary of the facility. This letter shall state that the applicant is seeking a letter of assurance for a solid waste disposal facility. Certification of sending this letter shall be provided to the city council, along with a list of all owners, prior to the hearing for public comment on the completed application.

D.

The applicant shall give notice by regular mail of the time and place of the hearing to the owner and adjacent property owners. Said notice shall be mailed at least 14 days prior to the date of the meeting. Notice of said meeting shall also be posted by the applicant at the proposed facility site on each and every street of access at least 14 days prior said meeting. Posting of the notice shall be at intervals not greater than 1,500 feet.

E.

At the meeting, the general procedure will be:

1.

The applicant shall present its application and supplemental information which may have been requested by the city council.

2.

City councilmembers shall have the opportunity to ask questions of the applicant, the city council's experts and the applicant's experts, and of supporters and opponents of the facility.

3.

Supporters and opponents of the facility shall have the same amount of time to present information and air their concerns. Such time period shall be of at least 15 minutes' duration and may be longer if the application is complex or the number of experts and other witnesses warrants an extended period of time.

4.

If there are more than five opponents or supporters of the facility, the city council may require that a spokesperson be designated.

5.

Opponents and supporters of the facility may be represented by an attorney or attorneys. The applicant, supporters and opponents shall have the right to provide testimony, including expert testimony, in support of their position and supporters and opponents (or their spokesperson) shall have the right to ask questions in an orderly fashion as determined by city council or its designee.

6.

No later than 90 days after receipt of the final analysis, complete application, and final public meeting, the consultant(s) designated in paragraph C of section 5 shall make a recommendation to the city council at a public meeting on whether to accept the application, deny it, or accept it with modifications.

(Ord. No. 2023-015, § 1G, 7-24-2023)

A.

The city council shall issue a letter of assurance for any solid waste management facility in the City of Emerson, as required by state law and regulations, if such facility complies with the location standards contained in this division and is consistent with the city's solid waste management plan.

B.

Before deciding whether to accept the proposal or to accept it with modifications, the city council shall make the following determinations:

1.

That there is a bona fide need for the facility and there is no reasonable alternative facility which will impact the environment less adversely;

2.

That the construction and operation of the facility will not pose an unreasonable health or environmental risk to the surrounding area;

3.

That the applicant or the operator has the capability and the financial resources to construct, operate, and maintain the facility;

4.

That the applicant or operator has taken or consented in writing to take any and all reasonable measures to comply with the applicable federal, state and local laws, regulations, and ordinances;

5.

That the applicant's plan represents the best available technology for handling the waste and the applicant has demonstrated that it will use the best management practices in handling the waste at the proposed facility;

6.

Whether the proposed use will have a negative impact on traffic on adjacent streets and/or on adjacent residential, commercial and industrial uses;

7.

Whether the proposed use is compatible with the surrounding properties, uses, and governmental facilities;

8.

Whether the proposed use will have a negative impact on health, safety, aesthetics, property values, or other elements of the community;

9.

If there are environmentally sensitive areas on the subject property, whether the proposed plans adequately protect those areas;

10.

That the facility is compatible with the City of Emerson's integrated long-range solid waste management plan, taking into account alternative methods of management such as recycling;

11.

Impact a facility will have on the disposal capability of the county;

12.

Facility's effect on the county's disposal reduction goal;

13.

Facility's impact on solid waste management rates;

14.

Facility's impact on nearby cultural and natural resources;

15.

Facility's impact on solid waste management infrastructure;

16.

Facility's consistency with local zoning ordinances.

C.

Upon receipt of its consultant(s) final reports and subsequent to its consideration of the issues cited above, the city council shall, at its next scheduled meeting, make a decision to grant the permit, deny it, or grant it with specified conditions. Each councilmember may prepare a written decision to be voted on by the entire council. Each decision prepared and the final decision shall be based on evidence in the record and the criteria contained in this division. This final decision of the entire council shall be in writing.

D.

Approval of a proposal shall be specifically conditioned to the site plan, maps, elevation renderings and other detailed plans to ensure that the development is constructed in accordance with all the previously presented materials. Approval may also impose additional conditions, if the conditions are designed to minimize the impact of the use on adjacent property, streets and the like.

In the event the application is denied, the applicant shall have the right to appeal the decision to the superior court of Bartow County. Said appeal must be filed within 30 days of the date on which the decision was rendered. The applicant shall forward a copy of the appeal to the city clerk and the clerk shall forward a copy of the entire record (including all evidence submitted) to the superior court as soon as is practicable, along with the minutes of the hearings, copies of the tapes or transcriptions of the meetings/hearings, the written decision, a copy of this division and all other relevant ordinances, maps and documents.

Failure to comply with the operating or other requirements of this division shall result in a fine not less than $250.00 nor more than $1,000.00 per day per violation.

This division shall not apply to any permitted landfill operation existing on the effective date of this ordinance and any such landfill shall be allowed to continue in operation. The division shall apply, however, to any new facility, an expansion of an existing facility or a lateral expansion of an existing facility on or after the effective date of this ordinance.

The purpose of this division is to provide location and operating standards for inert waste management facilities in the City of Emerson. This division will act in conjunction with the joint solid waste management plan for Bartow County and the Cities of Adairsville, Cartersville, Emerson, Euharlee, Kingston, Taylorsville and White to protect the health, safety, and well-being of the residents of Emerson and the natural resources of Emerson and the surrounding area. This division applies to all new and expanded inert waste management facilities within the city limits.

As used in this division, the following words have the following meanings:

The term:

"Active area" designates that part of an inert waste management facility onto which inert wastes are currently being placed or spread.

"Buffer" means a natural or enhanced vegetative area with no or limited land disturbances.

"Fill" means gravel, rock, soil, sand, uncontaminated concrete or fully cured asphalt.

"Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present.

"Inert waste" means solid waste that does not contain hazardous waste or soluble pollutants at concentrations in excess of applicable water quality standards. Such wastes are likely to retain their physical and chemical structure under expected conditions of disposal including resistance to biological and chemical attack from acidic rainwater.

"Litter" means discarded materials of every kind as referenced in O.C.G.A. § 16-7-42(1).

"Putrescible waste" means solid wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, vectors, gases, or other offensive conditions and include such materials as, but not limited to, food wastes, offal and dead animals.

"Vector" means animals and insects capable of transmitting the causative agents of human disease.

A.

Environmental protection.

1.

Waste may only be disposed of in an inert waste management facility if (1) it is inert waste and (2) it is not likely to produce leachate of environmental concern (either type of leachate or amount). This includes earth and earth-like products, concrete, cured asphalt, rocks, bricks, masonry, ceramic materials produced from fired clay or porcelain, glass, yard waste, and land-clearing debris such as stumps, limbs and leaves.

2.

Inert waste may not contain any putrescible or hazardous wastes.

B.

Location standards.

1.

No inert waste management facility may be located within 500 feet of a residentially-used parcel or subdivision, school or college, or public park. No inert waste management facility may be located within 200 feet of any property line. No inert waste management facility may be located upon any site less than 100 acres.

2.

The inert waste management facility shall not be located on an unstable slope.

3.

No inert waste management facility shall be located over a Holocene fault, in subsidence areas, or on geologic features which could compromise the structural integrity of the facility.

4.

No inert waste management facility shall be constructed within a 200-foot buffer on both sides of a perennial stream. No impervious surface shall be constructed within 300 feet of either side of the stream.

5.

No inert waste management facility shall be located in a 500-foot buffer around water supply reservoirs.

6.

No inert waste landfill shall be located within 1,000 feet of any surface water intake point, down gradient drinking water supply well or within 200 feet of a stream, lake, pond, river, wetland, or public land that is being used by a public water system for water shed control.

7.

All buffers shall remain in their natural vegetative state.

A.

Operating hours.

All operations, other than maintenance of equipment in fully enclosed buildings, shall be conducted only between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. A sign clearly indicating the hours of operation and prohibiting dumping at all other times shall be placed in a conspicuous location at the entrance. Disposal facilities shall have qualified personnel on duty at all times to direct the dumping, spreading, compaction, and covering of materials. All such personnel shall reside in an area close enough to the landfill site to respond promptly in the event of a fire.

B.

Other signage.

1.

The owner or operator shall display the types of waste which may be disposed of at the facility and the types of waste prohibited.

C.

The owner or operator shall control access to the facility and shall prevent unauthorized vehicular traffic and illegal dumping of wastes.

D.

The owner or operator shall develop and implement procedures to identify and prevent non-inert wastes from being accepted or mixed with inert wastes, including procedures for ensuring that only inert wastes (as defined) are accepted and for handling unacceptable wastes.

E.

Inert wastes shall be spread in layers and compacted to the least practical volume. A uniform compacted layer of clean earth cover no less than one foot in depth shall be placed over all exposed inert waste material at least once a month.

F.

The owner or operator shall provide suitable and effective means to prevent and control fires.

G.

All inert wastes disposed of shall be handled in a manner that controls dust and prevents erosion and sedimentation. Procedures for routine filling and grading shall be developed and implemented.

H.

The owner or operator shall develop and implement procedures for transporting inert wastes.

I.

The operator shall inspect and maintain the facility and equipment to prevent malfunctions and deterioration.

J.

The operator shall maintain daily operating records of the quantities of inert waste disposed.

K.

The operator shall not permit litter to accumulate.

A.

A uniform compacted layer of final cover not less than two feet in depth and a vegetative cover shall be placed over the final layer not later than one month following final placement of inert waste within that layer.

B.

Notice of final closure shall be provided to the city council no later than 30 days of receiving the final load of inert waste.

C.

A facility shall be considered closed after six months of inactivity.

A.

Each person proposing to locate an inert waste management facility within the boundaries of the city shall submit an application for determination of plan consistency demonstrating compliance with the provisions contained in this division and consistency with the city's solid waste management plan.

B.

Upon enactment of this ordinance, no new inert waste management facility shall be operated within the city's limits without a letter of assurance from the city council.

C.

Application procedures.

1.

An applicant shall prepare and file an application for determination of plan consistency with the city council. The application shall include all related documents submitted to any other governmental entity. The application shall contain the following information:

a.

The name and address of the corporation, its financial capability, and a brief history of all of its past activities in the field of solid waste management.

b.

Evidence of liability insurance coverage with minimum limits of $1,000,000.00 for sudden events and $2,000,000.00 for non-sudden events. Such insurance shall cover injury or damage occurring upon the facility site and upon properties in the vicinity of the inert waste management facility as a result of conditions or activities occurring in connection with the operation of the facility. An insurance carrier approved by the city council shall issue such policies and such policies shall be filed with the city council. The coverage obtained to fulfill the requirements of this section shall include the provision that the insurer notify the city council 30 days prior to the cancellation of the insurance for any reason. The insured shall provide evidence that $2,000,000.00 liability insurance is to run for two years subsequent to closure of the facility to cover post-closure claims.

c.

Justification for and anticipated benefits from the facility.

d.

A description of the scope of the proposed facility, including an estimated schedule of how much waste the facility would accept, sources of the waste, and how long the facility is expected to be in operation.

e.

Yearly site expenses and an estimate of the costs for the lifetime of the facility.

f.

The proposed method of financing the facility, including development, operating, and closure stages.

g.

Resumes of management personnel and the proposed number of employees and types of positions, including information about the training and experience required for each position and safety precautions undertaken for the protection of personnel.

h.

Anticipated dates to begin construction and to begin operation.

i.

A detailed estimate of the types and amounts of local government services, if any, required by the operator in each year of operation.

j.

A description of emergency procedures and safety and security precautions that will be used in the facility. This information shall include details on emergency assistance and emergency medical treatment that will be required from the area's medical facilities, Bartow County Rescue Squad and nearby fire departments.

k.

A description of the environmental protection measures to be taken by the applicant to prevent erosion and sedimentation in and around the facility site.

l.

A description of anticipated need for post-closure care.

2.

A map or other written material attached to the application shall include, but is not limited to, the following information.

a.

Name, address, and telephone number of the legal owner (and/or agent) of the property on which the facility is to be located.

b.

Name, address and telephone number of professional person(s) responsible for the plat of survey.

c.

Identification and description of any existing easements or rights-of-way affecting the property.

d.

Reference to any restrictive covenants on the property.

e.

Description of the property itself, including a location on a property tax map and the parcel number. The description should include reference to a deed book and page number or other evidence of title the current property owner may have.

f.

The map shall be drawn to scale and shall show the location of the subject property in relation to the immediately surrounding area. Also, the map shall show surrounding property and roads, the names and addresses of adjacent property owners, as indicated by Bartow County tax records, and existing uses of the surrounding property.

g.

The map shall contain the graphic scale, date of survey, North arrow and legend.

h.

The location of all boundary lines of the property, the total acreage of the land in the project and the location of existing and/or platted streets, easements, buildings, cemeteries, sewers, water mains, culverts, wells and gas and electric transmission lines.

i.

The location of water bodies, water courses, groundwater aquifers, springs, wetlands, and other related and similar features.

3.

A topographic map with contours at vertical intervals of not more than five feet at the same scale as to the project site map. The name of the preparer, date of preparation and the method of preparation shall be included.

4.

The applicant shall provide one copy of the application and associated documents to the city council.

A.

The city council shall require an application fee in the amount of $2,500.00 to reimburse the city for the costs of any needed professional services or assistance that may be required to evaluate the permit application and amendments, its contents, and evaluate the impact of a permit on the community, public health and the environment. Funds not expended in the legitimate review of the permit application shall be returned to the applicant.

B.

Failure to provide these funds within 30 days of demand shall result in termination of the permit process or cancellation of the permit. The city council may take legal action against the applicant for any costs incurred by the city up to the point of termination.

C.

Upon payment of the fee herein, the city may employ its own consultant to review the application and compliance with this division.

A.

Upon identifying a potential site for project, the applicant shall notify the city council and participate in a public meeting.

1.

The city council or its designee shall give notice of the meeting to be published in a newspaper of general circulation at least twice preceding the date of the meeting. The applicant shall pay for the cost of publishing the notice.

2.

The notice shall state the date, time, place and purpose of the meeting, which purpose shall be to discuss the waste management needs of the city, to describe the sitting process to be followed, and to allow for public input.

3.

The meeting shall be conducted by the city council or its designee.

B.

Within 45 days of receiving a completed application and the processing fee, the city council shall set a time for a public hearing.

1.

The applicant shall arrange and pay for notice of such hearing to be published at least twice prior to the hearing in the newspaper which is the legal organ in Bartow County. The first notice shall be published at least 30 and no more than 45 days prior to said hearing and shall include the date, time, place, and purpose of the hearing. Copies of said notices or certification from the publisher shall be submitted to the city council prior to the hearing.

C.

Once a completed application is submitted to the city council, the applicant shall also be required to send a letter via first class mail to all adjoining property owners, as shown on the tax records of Bartow County as of the date of application and to all owners of property any portion of which is within 1,000 feet of the boundary of the facility. This letter shall state that the applicant is seeking a letter of assurance for an inert waste management facility. Certification of sending this letter shall be provided to the city council, along with a list of all owners, prior to the hearing for public comment on the completed application.

D.

The applicant shall give notice by regular mail of the time and place of the hearing to the owner and adjacent property owners. Said notice shall be mailed at least 14 days prior to the date of the meeting. Notice of said meeting shall also be posted by the applicant at the proposed facility site on each and every street of access at least 14 days prior said meeting. Posting of the notice shall be at intervals not greater than 1,500 feet.

E.

At the meeting, the general procedure will be:

1.

The applicant shall present its application and supplemental information which may have been requested by the city council.

2.

City councilmembers shall have the opportunity to ask questions of the applicant, the city council's experts and the applicant's experts, and of supporters and opponents of the facility.

3.

Supporters and opponents of the facility shall have the same amount of time to present information and air their concerns. Such time period shall be of at least 15 minutes' duration and may be longer if the application is complex or the number of experts and other witnesses warrants an extended period of time.

4.

If there are more than five opponents or supporters of the facility, the city council may require that a spokesperson be designated.

5.

Opponents and supporters of the facility may be represented by an attorney or attorneys. The applicant, supporters and opponents shall have the right to provide testimony, including expert testimony, in support of their position and supporters and opponents (or their spokesperson) shall have the right to ask questions in an orderly fashion as determined by city council or its designee.

6.

No later than 45 days after receipt of the final analysis, complete application, and final public meeting, the consultant(s) designated in paragraph C of section 6 shall make a recommendation to the city council at a public meeting on whether to accept the application, deny it, or accept it with modifications.

(Ord. No. 2023-015, § 1H, 7-24-2023)

A.

The city council shall issue a letter of assurance for any inert waste management facility in the City of Emerson, as required by state law and regulations, if such facility complies with the location standards contained in this division and is consistent with the city's solid waste management plan.

B.

Before deciding whether to accept the proposal or to accept it with modifications, the city council shall make the following determinations:

1.

That there is a bona fide need for the facility and there is no reasonable alternative facility which will impact the environment less adversely;

2.

That the construction and operation of the facility will not pose an unreasonable health or environmental risk to the surrounding area;

3.

That the applicant or the operator has the capability and the financial resources to construct, operate, and maintain the facility;

4.

That the applicant or operator has taken or consented in writing to take any and all reasonable measures to comply with the applicable federal, state and local laws, regulations, and ordinances;

5.

That the applicant's plan represents the best available technology for handling the waste and the applicant has demonstrated that it will use the best management practices in handling the waste at the proposed facility;

6.

Whether the proposed use will have a negative impact on traffic on adjacent streets and/or on adjacent residential, commercial and industrial uses;

7.

Whether the proposed use is compatible with the surrounding properties, uses, and governmental facilities;

8.

Whether the proposed use will have a negative impact on health, safety, aesthetics, property values, or other elements of the community;

9.

If there are environmentally sensitive areas on the subject property, whether the proposed plans adequately protect those areas;

10.

That the facility is compatible with the City of Emerson's integrated long-range solid waste management plan, taking into account alternative methods of management such as recycling;

11.

Impact a facility will have on the disposal capability of the county;

12.

Facility's effect on the county's disposal reduction goal;

13.

Facility's impact on solid waste management rates;

14.

Facility's impact on nearby cultural and natural resources;

15.

Facility's impact on solid waste management infrastructure;

16.

Facility's consistency with local zoning ordinances.

C.

Subsequent to its consideration of the issues cited above, the city council shall, at its next scheduled meeting, make a decision to grant the permit, deny it, or grant it with specified conditions. Each councilmember may prepare a written decision to be voted on by the entire council. Each decision prepared and the final decision shall be based on evidence in the record and the criteria contained in this division. This final decision of the entire council shall be in writing.

D.

Approval of a proposal shall be specifically conditioned to the site plan, maps, elevation renderings and other detailed plans to ensure that the development is constructed in accordance with all the previously presented materials. Approval may also impose additional conditions, if the conditions are designed to minimize the impact of the use on adjacent property, streets and the like.

In the event the application is denied, the applicant shall have the right to appeal the decision to the superior court of Bartow County. Said appeal must be filed within 30 days of the day on which the decision was rendered. The applicant shall forward a copy of the appeal to the city clerk and the clerk shall forward a copy of the entire record (including all evidence submitted) to the superior court as soon as is practicable, along with the minutes of the hearings, copies of the tapes or transcriptions of the hearings, the written decision, a copy of this division and all other relevant ordinances, maps and documents.

Failure to comply with the operating or other requirements of this division shall result in a fine not less than $250.00 nor more than $1,000.00 per day per violation.

This division shall not apply to any permitted inert waste management facility in operation on the effective date of this ordinance and any such facility shall be allowed to continue in operation. The division shall apply, however, to any new or expanded facility.

The purpose of this division is to establish standards and requirements for the location, construction, operation, management and closure of biomedical waste incinerator facilities, including autoclaves; the storage, transfer, treatment and disposal of biomedical waste; and other related topics in order to protect the health, safety, and well-being of the residents of Emerson and the natural resources of Emerson and the surrounding area.

As used in this division, the following words have the following meanings:

"Autoclave" means any equipment or facility, which treats and/or decontaminates biomedical waste by heating with steam and/or pressure, but does not include hospitals, physicians' offices or other medical service providers who may use autoclaves to decontaminate their own equipment.

"Biomedical waste" means and includes the following;

"Pathological waste" - all recognizable human tissues and body parts, except teeth, which are removed during surgery, obstetrical procedures, autopsy, and laboratory procedures;

"Biological waste" - blood and blood products, exudates secretion, suctionings, and other body fluids, which contain free liquids and cannot be or are not directly discarded into a municipal sewer system;

"Cultures and stocks" of infectious agents and associated biologicals - including cultures from medical and pathology laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures;

"Contaminated animal carcasses, body parts, their bedding," and other wastes from such animals which are infected with or which have been exposed to infectious agents and are capable of causing disease in humans.

"Sharps" - any discarded article, which may cause punctures or cuts, including, but not limited to, needles, intravenous tubing, syringes with needles attached, and scalpel blades.

"Chemotherapy waste" - any disposable material which has come into contact with cytotoxic/antineoplastic agents (agents toxic to cells) and/or antineoplastic agents (agents that inhibit or prevent the growth and spread of tumors or malignant cells) during the preparation, handling, and administration of such agents. Such wastes include, but are not limited to, masks, gloves, gowns, empty intravenous tubing bags and empty vials, and other contaminated materials. The above-mentioned waste must first be classified as empty (such a minute quantity that it is not subject to federal or state waste management regulations) prior to being handled as biomedical waste.

"Discarded medical equipment and parts," excluding expendable supplies and materials mentioned in the paragraphs above, which have not been decontaminated and have been in contact with infectious agents.

"Biomedical waste" does not include low-level radioactive waste and laboratory hazardous waste, the incineration and/or disposal of which is expressly prohibited, except as provided by federal and state law.

"Biomedical waste disposal facility" - is any facility to which biomedical waste is transported for transfer, storage, treatment, decontamination, or disposal. Such facilities include, but are not limited to, biomedical waste incinerators, facilities which decontaminate by heating with steam under pressure (autoclave), and transfer stations where biomedical waste is held, stored, accumulated, or otherwise handled before being transported to another location.

"Biomedical waste incinerator facility" - is an incinerator which accepts biomedical waste for the purpose of incineration.

"City council" - means the city council of Emerson, Georgia.

"Incineration" - is a controlled process by which solid, liquid, and gaseous combustible wastes are burned and transformed into gases and a residue, which is relatively free of combustible materials.

"Incinerator" - is a device intended or used for the reduction or destruction of biomedical waste by incineration.

"Operator ash" - is the residue remaining after the incineration of biomedical waste.

"Person" - means the State of Georgia or any other state or agency or institution thereof, any municipality, political subdivision, public or private corporation, special district, partnership, association, or other entity in Georgia or any other state. The term also includes any officer or governing or managing body of any municipality, political subdivision, or special district empowered to engage in solid waste management and disposal activities, or public or private corporation in Georgia or any other state. This term also includes employees, departments and agencies of the federal government.

A.

Owners/operators of biomedical waste incinerator facilities, autoclaves, or biomedical waste disposal facilities applying for a letter of assurance from the city council under this division shall first obtain permits as required by the rules and regulations of the Environmental Protection Division of the Georgia Department of Natural Resources (EPD) and the United States Environmental Protection Agency (EPA). Any violation of the regulations of the EPD, the EPA, the Georgia Department of Transportation, and the United States Department of Transportation, and any violation of the rules and regulations promulgated under the Occupational Safety and Health Act shall also be a violation of this division.

B.

No person shall engage in the construction or operation of a biomedical waste incinerator facility, autoclave, or biomedical waste disposal facility without first obtaining a letter of assurance authorizing such activity from the city council.

C.

Any person who began construction or operation of a biomedical waste incinerator facility, autoclave, or biomedical waste disposal facility prior to enactment of this ordinance shall be allowed to continue the construction or operation of such facility. However, such person shall be strictly prohibited from transferring ownership of or operating responsibility for the facility or expanding its operations in any manner, unless the person applies to the city council for a letter of assurance in accordance with the provisions of this division.

As used in this section, "construction" shall mean the active commencement of building a biomedical waste incinerator, autoclave, or biomedical waste disposal facility. "Construction" does not include preliminary activities such as identifying and purchasing appropriate property, preparing plans, or clearing, grading, or fencing property.

As used in this section, "expanding its operations," means any action to increase an existing state-permitted volume of waste incineration, disposal, or handling at the existing facility.

A.

The application shall contain the following information:

1.

A description of the corporation, its financial capability, and a detailed history of all of its past activities in the field of biomedical incineration or biomedical waste disposal, including a synopsis of every other facility it has operated and including a detailed account of all past and pending litigation, including the outcome of said litigation. Also to be included is information about the record of any subsidiary or parent corporation holding more than five percent of the outstanding shares of the applicant corporation. Also to be included is a list of all past and present litigation in which the subsidiary and/or the parent corporation has been involved.

2.

The identity of the entity from whom the applicant purchased the incinerator, autoclave, or other equipment, the manufacturer of the equipment, and the contractor(s) responsible for the construction, installation and/or modification of the incinerator, autoclave, or other equipment and air pollution control devices, if any.

3.

The applicant shall provide a history of any claims, charges and/or assessments against the applicant involving or arising out of the violation of any local, state, or federal rule or regulation which relates in any way to any biomedical waste incinerator, autoclave, or biomedical waste disposal facility now or formerly owned or operated by the applicant, including biomedical waste incinerator, autoclave, or biomedical waste disposal facility now or formerly owned or operated by any subsidiary or parent corporation of the applicant.

4.

Justification for and anticipated benefits from the project.

5.

A description of the scope of the proposed project, including an estimated schedule of how much and what kinds of waste the facility will accept, the source(s) of the waste material, how the waste will be handled/stored, what pretreatment will be required of wastes unacceptable to the facility without such pretreatment, and how long the facility is expected to operate.

6.

Yearly site expenses and an estimate of the costs for the lifetime of the facility.

7.

The proposed method of financing the facility, including development, operating, and closure stages. Also to be included is the name of the financial institution(s) which will be funding the project.

8.

Resumes of management personnel and the proposed number of employees and types of positions, including information about the training and experience required for each position and safety precautions undertaken for the protection of personnel.

9.

Anticipated dates to begin construction and to begin operation.

10.

A detailed estimate of the types and amounts of local government services required by the operator in each year of operation.

11.

A description of emergency procedures and safety and security precautions that will be used in the facility. This information shall include details of emergency assistance and emergency medical treatment that will be required from the area's medical facilities, the Bartow County rescue squad and nearby fire departments.

12.

A description of the environmental protection measures to be taken by the applicant to prevent contamination in and around the facility site and the description of planned monitoring systems, with an estimated annual budget for each of these items.

13.

A description of the environmental protection measures to be used during the transportation of materials to and from the facility, with an estimated annual budget for those arrangements and an estimate of the volume of material to be transported during each year of operation.

14.

A description of the site closure plan for the facility, the anticipated date of closure, and the estimated cost of closure, including post-closure costs, if any.

15.

A description of anticipated need for post-closure care.

16.

A description of the means or method by which to capture any liquid waste, leachate, or runoff from waste feed and ash storage areas as well as areas in which trucks, equipment, containers, and tools that have come into contact with the waste are decontaminated and processed.

17.

A detailed emergency plan to address the following issues. Include in the plans, as appropriate and necessary, safety procedures, protective garments, training for employees, back-up and redundant systems, effluent monitoring, automatic shutdown systems.

a.

Site flooding;

b.

Potential human exposure to biomedical waste, incinerator ash, wastewater.

18.

The planned stack height of the incinerator, provisions for continuous stack monitoring and recording until emission levels are predictable. Also include data on the nature and predictability of pollution movement.

19.

How incompatible wastes will be separated and segregated.

B.

A map, plat, or similar document shall be attached to the application and shall contain the following information.

1.

The name, address, and telephone number of the legal owner (and/or agent) of the property on which the facility will be located.

2.

Name, address, and telephone number of the professional person responsible for the plat of survey.

3.

Description/location of any existing easements or rights-of-way crossing the property.

4.

Reference to any existing restrictive covenants on the property.

5.

Property tax map parcel number and deed book and page number of recorded deed or other evidence of title the current owner has.

6.

The map or plat shall be drawn to a scale of not less than 100 feet to an inch.

7.

Location sketch map, showing the relationship of the project to the surrounding area.

8.

Graphic scale, date, North arrow, and legend.

9.

Surrounding property and roads and the names and addresses of adjacent property owners according to county tax records.

10.

Zoning classification of the project and properties adjacent to the project.

11.

Boundary lines of the property which shall be not less than 100 acres.

12.

Total acreage of land in the project and the location, dimensions, and acreage of all property proposed to be set aside for various uses on the property.

13.

The location of existing and/or platted streets, easements, buildings, railroads, cemeteries, bridges, sewers, water mains, culverts, wells and gas and electric transmission lines.

14.

The location of water bodies, watercourses, groundwater aquifers, springs, and any other pertinent features.

15.

The location of all test wells and/or borings.

16.

The location of the 500-year and the 100-year floodplains and records of flood, including inundation due to dam break.

17.

No facility shall be located within 1,000 feet of any exterior boundary line. Such 1,000-foot buffer shall remain in its natural vegetative state. Any facility shall be completely fenced with chain link material eight feet in height as measured from the ground and topped with three strands of barbed wire angled at 45 degrees toward the outside of the site. All entrances to the sites shall have an eight-foot high gate which shall be closed at all times the facility is not open.

C.

A topographic map (topo) shall be attached to the application. The topo shall show contours at vertical intervals of not more than ten feet; the scale of the topo shall be the same as that used for the project site map. The date and method of preparation shall be shown on the topo as well as the preparer of the topo.

D.

A transportation route map shall also be attached to the application. Such map shall show the proposed transportation routes to and from the facility, including the location of towns and emergency and safety facilities. For each transportation route, an estimate of volume of material to be transported to the facility.

E.

The owner/operator shall provide 15 copies of the application and all associated documents to the city council.

The city council shall require a permit application fee of $50,000.00 to reimburse the city for the costs of any professional assistance needed to evaluate the permit application and amendments, verify the contents and evaluate the impact of the permit on the community, public health, and the environment. This assistance may include, but shall not be limited to, city staff, lawyers, biologists consultants, geologists, engineers, chemists, hydrologists, emergency response personnel, transportation and public health experts, land appraisers and professional testing laboratories. Funds not expended in the legitimate review of the permit application shall be returned to the applicant.

A.

In addition to the information required by this division, the permit applicant shall submit to the city council 15 copies of all information required by federal and state agencies for the project. The city council's review of the application shall not begin until all required documents and data have been submitted and the appropriate fees paid or suitable arrangements have been made and approved by the city council.

B.

Once the application is submitted, the city council shall have 60 days in which to determine if the application is complete and shall mail notice of its determination to the applicant. If the application is found to be incomplete, the applicant will have six additional months in which to complete the application. At the end of the six-month period and upon a showing of good cause to the city council, the applicant may be granted an additional period of up to three months.

C.

City staff selected by the city council shall analyze the application. The analysis shall be completed within 90 days after the application is deemed to be complete. Where the complexity of the application requires more than 90 days, the staff may request from the city council an additional 60 days. If the staff has questions or wants additional data, the applicant may request from the city council an additional 60 days in which to respond to the questions or provide the data.

D.

A designee of the city council shall compile copies of all reports, the application and attachments and all other relevant documents and place all these in one location accessible to the public. The public may, at cost, make copies of all or some of these documents.

A.

Upon identifying a potential site for project, the applicant shall notify the city council and participate in a public meeting.

1.

The city council or its designee shall give notice of the meeting to be published in a newspaper of general circulation at least twice preceding the date of the meeting. The applicant shall pay for the cost of publishing the notice.

2.

The notice shall state the date, time, place and purpose of the meeting, which purpose shall be to discuss the waste management needs of the city, to describe the sitting process to be followed, and to allow for public input.

3.

The meeting shall be conducted by the city council or its designee.

B.

Within 45 days of receiving a completed application and the processing fee, the city council shall set a time for a public hearing.

1.

The applicant shall arrange and pay for notice of such hearing to be published at least twice prior to the hearing in the newspaper which is the legal organ in Bartow County. The first notice shall be published at least 30 and no more than 45 days prior to said hearing and shall include the date, time, place, and purpose of the hearing. Copies of said notices or certification from the publisher shall be submitted to the city council prior to the hearing.

C.

Once a completed application is submitted to the city council, the applicant shall also be required to send a letter via first class mail to all adjoining property owners, as shown on the tax records of Bartow County as of the date of application and to all owners of property any portion of which is within 1,000 feet of the boundary of the facility. This letter shall state that the applicant is seeking a letter of assurance for an inert waste management facility. Certification of sending this letter shall be provided to the city council, along with a list of all owners, prior to the hearing for public comment on the completed application.

D.

The applicant shall give notice by regular mail of the time and place of the hearing to the owner and adjacent property owners. Said notice shall be mailed at least 14 days prior to the date of the meeting. Notice of said meeting shall also be posted by the applicant at the proposed facility site on each and every street of access at least 14 days prior said meeting. Posting of the notice shall be at intervals not greater than 1,500 feet.

E.

At the meeting, the general procedure will be:

1.

The applicant shall present its application and supplemental information which may have been requested by the city council.

2.

City councilmembers shall have the opportunity to ask questions of the applicant, the city council's experts and the applicant's experts, and of supporters and opponents of the facility.

3.

Supporters and opponents of the facility shall have the same amount of time to present information and air their concerns. Such time period shall be of at least 15 minutes' duration and may be longer if the application is complex or the number of experts and other witnesses warrants an extended period of time.

4.

If there are more than five opponents or supporters of the facility, the city council may require that a spokesperson be designated.

5.

Opponents and supporters of the facility may be represented by an attorney or attorneys. The applicant, supporters and opponents shall have the right to provide testimony, including expert testimony, in support of their position and supporters and opponents (or their spokesperson) shall have the right to ask questions in an orderly fashion as determined by city council or its designee.

6.

No later than 45 days after receipt of the final analysis, complete application, and final public meeting, the consultant(s) designated in paragraph C of section 6 shall make a recommendation to the city council at a public meeting on whether to accept the application, deny it, or accept it with modifications.

(Ord. No. 2023-015, § 1I, 7-24-2023)

A.

The city council shall issue a letter of assurance for any biomedical waste incinerator facility, autoclave, or biomedical waste disposal facility in the city, as required by state law and regulations, if such facility complies with the standards and requirements contained in this division and is consistent with the city's solid waste management plan.

B.

Before deciding whether to accept the proposal or to accept it with modifications, the city shall make the following determinations:

1.

That there is a bona fide need for the facility and there is no reasonable alternative facility which will impact the environment less adversely;

2.

That the construction and operation of the facility will not pose an unreasonable health or environmental risk to the surrounding area;

3.

That the applicant or the operator has the capability and the financial resources to construct, operate, and maintain the facility;

4.

That the applicant or operator has taken or consented in writing to take any and all reasonable measures to comply with the applicable federal, state and local laws, regulations, and ordinances;

5.

That the applicant's plan represents the best available technology for handling the waste and the applicant has demonstrated that it will use the best management practices in handling the waste at the proposed facility;

6.

Whether the proposed use will have a negative impact on traffic on adjacent streets and/or on adjacent residential, commercial and industrial uses;

7.

Whether the proposed use is compatible with the surrounding properties, uses, and governmental facilities;

8.

Whether the proposed use will have a negative impact on health, safety, aesthetics, property values, or other elements of the community;

9.

If there are environmentally sensitive areas on the subject property, whether the proposed plans adequately protect those areas;

10.

That the facility is compatible with the city's integrated long-range solid waste management plan.

C.

Upon receipt of its consultant(s) (as designated in section 4) final reports and subsequent to its consideration of the issues cited above, the city council shall, at its next scheduled meeting, make a decision to grant the permit, deny it, or grant it with specified conditions. Each councilmember may prepare a written decision to be voted on by the entire council. Each decision prepared and the final decision shall be based on evidence in the record and the criteria contained in this division. This final decision of the entire council shall be in writing.

D.

Approval of a proposal shall be specifically conditioned to the site plan, application, maps, elevation renderings and other detailed plans to ensure that the development is constructed in accordance with all the previously presented materials. Approval may also impose additional conditions, if the conditions are designed to minimize the impact of the use on adjacent property, streets and the like.

A.

The holder of a city-issued permit shall be required to apply to the city council for a modification of its existing city permit in the event that any of the following changes or modifications occur subsequent to the date the city permit was originally issued:

1.

Any modification of equipment used in the operation of a biomedical waste incinerator facility, autoclave, or biomedical waste disposal facility.

2.

Any change of owner or operator of a biomedical waste incinerator facility, autoclave, or biomedical waste disposal facility.

3.

Any change in the hours of operation of a biomedical waste incinerator facility, autoclave, or biomedical waste disposal facility.

4.

Any increase in waste throughput at a biomedical waste incinerator facility, autoclave, or biomedical waste disposal facility.

5.

Any change in the types of biomedical waste treated or handled at a biomedical waste incinerator facility, autoclave, or biomedical waste disposal facility.

6.

Any change in biomedical waste or biomedical waste liquid disposal practices at a biomedical waste incinerator facility, autoclave, or biomedical waste disposal facility.

7.

Any change in the biomedical waste incinerator facility's ash management plan.

B.

The city council or its designee shall establish a short form application for the purpose of facilitating the review of permit modification requests under this section.

In the event the application is denied, the applicant shall have the right to appeal the decision to the superior court of Bartow County. Said appeal must be filed within 30 days of the date on which the decision was rendered. The applicant shall forward a copy of the appeal to the city clerk and the clerk shall forward a copy of the entire record (including all evidence submitted) to the superior court as soon as is practicable, along with the minutes of the hearings, copies of the tapes or transcriptions of the meetings/hearing, the written decision, a copy of this division and all other relevant ordinances, maps and documents.

A.

The holder of a city permit issued pursuant to this division shall be required to perform such monitoring and recording of process and operational parameters as deemed necessary and appropriate by the city council or its designee. Monitored parameters and required measuring and recording frequencies may include, but are not limited to, one or more of the following:

As to incinerators.

Frequency and mass of waste charging (continuous).

Ash generation (weekly).

Primary and secondary chamber temperatures (continuous).

Flue gas opacity (weekly).

Auxiliary fuel usage (weekly).

Primary and secondary combustion air flow rates (weekly).

Fan motor current (weekly).

Wet scrubbers (weekly) including scrubber liquid header pressure; scrubber liquid flow rate; scrubber liquid pH (daily); scrubber static pressure drop; demister static pressure drop.

Dry scrubbers and spray dry absorbers, including reagent flow rate (daily); Slaker slurry outlet temperature (weekly); solids recycle rate (weekly); nozzle air and slurry pressures (weekly); wet and dry bulb temperature (weekly).

Fabric filters, including bag failure records (continuous); static pressure drop (weekly); baghouse inlet and outlet temperatures (weekly).

Flue gas concentrations of: acid gases, CO, O2, CO2, opacity.

As to autoclaves.

A recording thermometer shall be used each complete cycle to ensure the attainment of a temperature of 121 degrees Celsius (250 degrees Fahrenheit) for at least one-half hour in order to achieve decontamination of the entire load.

The steam sterilization process shall be monitored. Monitoring may be through the use of biological indicators or other methods as approved by the city council. Indicators used to ensure the attainment of the proper temperature during steam sterilization shall be placed at the point of the load where the rate of thermal penetration is at a minimum.

B.

The permit holder shall perform Toxicity Characteristic Leaching Procedures, Method 1311, EPA Publication SW.846 (TCLP) analysis of the ash based upon a schedule and with such frequency as determined by the city council or its designee. This analysis may include grab samples and the analysis of composite grab.

C.

The city council or its designee may require the permit holder to engage in performance testing of the medical waste incinerator, autoclave, or biomedical waste disposal facility at one or more of the following times: initial startup of a new facility, startup of an existing facility after significant modification or operational changes, prior to the issuance of an initial city permit and/or the renewal of an existing city permit. Said testing may include, but shall not be limited to, TCLP testing of ash, combustibility testing of ash, putrescibility testing of ash, stack testing for acid gases, metal, CO, VOCs dioxins/furans, PM, biologic tracer testing, temperature testing, and thermal penetration testing.

D.

The permit holder shall be required to provide the city council or its designee and any applicable Bartow County agencies copies of all semi-annual reports the permit holder submitted to the EPD, all notices of violation issued by the EPD and the permit holder's responses thereto, EPD reports of no-notice site inspections, and all other correspondence with and submissions to the EPD. The permit holder shall also notify the city promptly of any serious occurrence likely to cause public concern such as fire, explosion or extensive uncontrolled emission.

E.

Annually, the permit holder shall provide the city council or its designee the resumes of supervisory and management personnel responsible for operation of the biomedical waste incinerator facility, autoclave, or biomedical waste disposal facility and all records of training and certification of employees working at the biomedical waste incinerator facility, autoclave, or biomedical waste disposal facility.

F.

The permit holder shall present to the city council or its designee an ash management plan or a decontaminated waste disposal plan in the case of autoclaves when initially applying for a permit and annually thereafter. Such plan shall include a description of the estimated quantity of ash or decontaminated biomedical waste to be disposed of during the upcoming year and the names, addresses, and telephone number of all landfills at which such ash or decontaminated biomedical waste will be disposed.

G.

The city council or its designee shall have the right to inspect the biomedical waste incinerator or biomedical waste disposal facility during normal operating hours without prior notice to the owner/operator of the facility. The right to inspect shall include the authority to perform independent testing on any aspect of the biomedical waste incinerator facility or the biomedical waste disposal facility for the purpose of ascertaining the owner/operator's compliance with the requirements of this division. The city council or its designee shall have the authority to require the facility's owner/operator to install auxiliary sampling ports as a condition of its permit for the purpose of supporting inspections and independent testing.

A.

The permit holder shall obtain and maintain environmental impairment liability insurance and general public liability insurance, naming the City of Emerson as loss payee, in such amounts as determined by the city council or its designee. Determination of the amount required shall be made on an objective basis, considering such factors as the permitted capacity of the facility, the performance history of the equipment to be installed at the facility, the permit holder's environmental safety record, estimated costs of closure and post-closure.

B.

At a minimum, the permit holder shall show evidence of liability insurance coverage with minimum limits of $1,000,000.00 for sudden events and $2,000,000.00 for non-sudden events. Such insurance shall cover injury or damage occurring upon the site of the operation and upon properties in the vicinity of the biomedical waste incinerator facility, autoclave or biomedical waste disposal facility as a result of conditions or activities occurring in connection with the operation of the facility. An insurance carrier approved by the city council and licensed to conduct business in Georgia shall issue such policies, and such policies shall be filed with the city council. The deductible written into the insurance policy shall not exceed five percent of the per-incident limit of the liability of the policy. The coverage obtained to fulfill the requirements of this section shall include the provision that the insurer notify the city council three days prior to the cancellation of the insurance for any reason. The insured shall also provide evidence that $2,000,000.00 liability insurance is to run for five years subsequent to closure of the facility to cover post-closure claims. The insured shall also provide a history of claims against the corporation at any site, including claims against a subsidiary and/or parent corporation.

C.

Annually thereafter, the permit holder shall submit evidence satisfactory to the city council that the insurance remains in full force and effect.

A.

All biomedical waste transported to the biomedical waste incinerator facility or biomedical waste disposal facility and accepted for incineration or disposal at such facility shall be packaged in containers meeting or exceeding the requirements of 49 CFR 173.196-197 or future federal and/or state regulations setting forth the minimum packaging requirements for biomedical wastes.

B.

Current minimum requirements shall include:

1.

Packaging of biomedical waste so as to protect waste from animals, rain and wind, to prevent waste from becoming a food source or breeding ground for insects and rodents, and to minimize public exposure.

2.

Biomedical waste shall be separated from other waste at the point of origin. Biomedical waste, except sharps, shall be placed in containers impervious to moisture having sufficient strength to preclude ripping, tearing, or bursting under normal conditions of use. The containers shall be securely closed so as to prevent leakage or expulsion of solid or liquid wastes during storage and transport.

3.

For storage, transport, treatment and disposal, sharps shall be packaged in leak-proof, rigid, puncture-resistant containers which are taped closed or tightly lidded.

4.

All disposable containers used to store and transport biomedical waste shall be red or orange or otherwise clearly identified with the universal biohazard symbol or the word "Biohazard."

5.

Disposable containers of biomedical waste shall be placed for storage, handling or transport in a containment system of disposable or re-usable pails, cartons, boxes, drums, dumpsters, or portable bins. The containment system shall have a tight-fitting cover and be kept clean and intact. The containment system shall be conspicuously labeled with the universal biohazard symbol and the word "Biohazard" on the side so as to be visible from any lateral direction when the container is upright.

6.

Reusable containers shall be thoroughly washed and decontaminated every time they are emptied.

7.

Reusable containers shall not be used for any other purpose until they have been decontaminated and the universal biohazard symbol and the word "Biohazard" have been removed.

C.

When transferring biomedical waste to an off-site treatment or disposal facility:

1.

Generators of biomedical waste shall transfer custody of the waste only to a collector permitted and authorized under the requirements of this division.

2.

Biomedical waste shall not be transported in the same vehicle with other solid waste unless the biomedical waste is contained in a separate, fully enclosed leak-proof container within the vehicle compartment, unless all of the waste is to be treated as biomedical waste.

3.

Biomedical waste shall be delivered for storage, including intermediate transfer, and treatment only at a permitted facility.

4.

The surface of transport vehicles which have come into contact with biomedical waste shall be decontaminated.

5.

Equipment used to transport biomedical waste from the generator to an off-site treatment or disposal facility shall not destroy the integrity of the container.

6.

Vehicles used to transport biomedical waste shall not be used to transport food or food products.

7.

The owner/operator shall provide refrigerated transport and storage of biomedical waste that has been or is expected to be held for longer than 72 hours after being discarded at its origination point.

Emissions from all biomedical waste incinerators, autoclaves, and biomedical waste disposal facilities shall not cause ambient pollution concentrations to exceed levels established by the EPD and the EPA or levels established by the city council, if such levels are more stringent than those established by the EPD and the EPA. The city council or its designee may require as [a] condition of the initial or renewed permit that ambient pollution concentrations not exceed specific levels as established pursuant to this division.

No person shall operate a biomedical waste incinerator facility, autoclave, or biomedical waste disposal facility unless such person obtains a certificate of training in medical waste incinerators issued by the American Society of Mechanical Engineers. Copies of the training certification for the operators and maintenance engineers shall be submitted to the city council or its designee and shall be available for inspection at the facility.

All operations, other than maintenance of equipment in fully enclosed buildings, shall be conducted only between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. A sign clearly indicating the hours of operation shall be placed in a conspicuous location at the entrance to the facility.

A.

Each biomedical waste incinerator facility, autoclave, or biomedical waste disposal facility operating in the city shall pay a yearly license fee of $25,000.00 which is due on the first business day in January.

B.

Each privately owned biomedical waste incinerator facility, autoclave, or biomedical waste disposal facility operating in the city shall additionally pay a per ton surcharge or volume equivalent on waste received at the facility. The fee shall be $5.00 per ton for owners/operators of biomedical waste incineration and biomedical waste disposal facilities and $5.00 per ton of equipment/materials processed through an autoclave.

A.

The tonnage or volume equivalent of waste incinerated, disposed of or autoclaved shall be determined by the EPD or other state agency and the EPD, other state agency, or the city council will inform the owner/operator of the tonnage or equivalency. The owner/operator shall pay to the city the amount of the surcharge within ten days of receiving that information. In the event the EPD fails to make a determination of tonnage or equivalency, the city council or its designee shall do so.

B.

Upon receipt of the surcharge funds, the city council or its designee shall deposit the funds into a separate account. The funds so collected shall be used to offset the impact of the biomedical waste incineration facility, autoclave, or biomedical waste disposal facility, to further public education about waste management and waste minimization, to offset the costs of biomedical waste management and the administrative costs of local and regional solid/biomedical waste management plans, as determined by the city council from time to time.

A.

Upon being found guilty of violating any provision of this division, the responsible owner/operator shall be liable for the following:

1.

For the first offense, payment of a fine no less than $100.00 and not more than $1,000.00 and incarceration for up to 30 days. Each day's violation constitutes a separate violation. Notwithstanding the foregoing, the city council may also seek civil redress in a court of competent jurisdiction.

2.

For the second and subsequent offenses, payment of a fine not less than $750.00 and not more than $1,000.00 and incarceration for up to 60 days. Each day's violation constitutes a separate violation.

B.

Upon adjudication, the court of competent jurisdiction may order the responsible owner/operator to repair or restore property damaged, or pay damages or perform public service related to the repair or restoration of property damaged by the violation of this division, or all three options.

C.

All expenses incurred by the city for cleanup and for enforcing the requirements of this division shall be chargeable to the responsible owner/operator and may include court costs, filing fees, special investigations, and assistance from federal and state agencies.

D.

As a part of its enforcement responsibilities, the city council may issue citations for violations of this division. The magistrate's court of the city shall have jurisdiction to hear cases arising from the issuance of such citations.

E.

In addition to all other remedies, the city may seek an injunction, institute an action for cleanup, place a lien on the offending facility, or revoke or suspend any and all business, building, or operating licenses or permits the city has previously issued to the owner/operator. Once the case has been adjudicated and a court of competent jurisdiction has found the owner/operator has remedied the violation(s) and is now in compliance with this division, the suspended or revoked license(s) may be reinstated as valid.

F.

If the owner/operator of a facility violates a provision of this division and such violation is a first offense, the city's enforcement staff has the option of issuing a notice of violation in lieu of a citation. However, in the absence of immediate corrective measures or if a second violation occurs, evidence that a notice of violation was issued may be presented as evidence of a first offense, making the failure to correct or second violation a second offense to be punished as a second offense.

G.

The city may request that the court of competent jurisdiction hearing the case involving violation of the division require the owner/operator to remedy all other violations. Notice of this requirement shall be made by personal service. In the event the responsible owner/operator cannot be so served, then notice shall be sent by registered mail to the owner/operator's last-known address.

H.

If no corrective measures have been taken by the responsible owner/operator within 20 days of receiving the notice, the city shall take the necessary corrective measures. All necessary and reasonable expenses the city incurs in correcting the condition or situation shall be chargeable to the responsible owner/operator. The city shall send a statement of the charges to the responsible owner/operator by registered mail.

I.

If the responsible owner/operator does not reimburse the city for correcting the condition or situation, the city council shall cause to be recorded in the execution docket a sworn statement showing the costs incurred by the city, the dates of correction, the location(s) of property where corrective action was taken and the name of the responsible owner/operator. This recording shall constitute a lien on the responsible owner/operator's real and person property and shall remain in full force and effect until complete payment, including any accrued interest is made.

It is the intention of this division to regulate all biomedical waste incineration facilities, autoclaves, and biomedical waste disposal facilities located within the municipal boundaries of the city. No incineration, autoclaving, or disposal of biomedical waste shall occur within the city except in compliance with this division.

A.

A transfer station shall be located only in an area zoned heavy industrial.

B.

A transfer station shall not be located:

1.

Within a floodplain;

2.

Within 250 feet of any private water supply well or within 1,200 feet of any public water supply well;

3.

Within 250 feet of any navigable lake, pond, flowage, river or stream;

4.

Within 100 feet of land owned by a person other than the owner or operator of the facility, unless the waste handling operations are screened by natural objects, plantings, fences or other appropriate means so that the transfer station is not visible from the property boundary;

5.

Within 1,000 feet of the nearest edge of the right-of-way of any state trunk highway, interstate, or federal aid primary highway or the boundary of any public park or recreational area unless the waste handling operations are screened by natural objects, plantings, fences or other appropriate means so that the transfer station is not visible from the property boundary.

A.

All waste transfer operations shall take place only in an enclosed structure.

1.

Enclosed structure means a building consisting of an impermeable floor, roof, and at least three walls that are capable of confining all solid waste inside the building. The building must be constructed to prevent precipitation from reaching solid waste inside the building. No waste shall be allowed to scatter outside the building.

2.

Unloading of solid waste may occur only within the enclosed structure.

B.

Signage and other externally located information.

1.

A sign shall be prominently posted at the entrance to the facility which indicates the name, license or permit number, hours of operation, waste types accepted, waste types prohibited, and necessary safety information.

C.

Protection of health and safety.

1.

The facility shall be operated under the direct supervision of responsible individuals who are thoroughly knowledgeable with the operating requirements and procedures of the transfer facility.

2.

Roads, gates, doors, and the tipping floor shall be clear of obstructions at all times.

3.

A qualified attendant or employee shall be on duty at all times the facility is receiving waste and access to the facility shall be denied when no qualified attendant or employee is present.

4.

Waste shall be continuously removed from the tipping floor during the operating day for transport to a solid waste handling facility. At some time during each operating day, the tipping floor shall be scraped clean. From time to time, as needed, tipping floors shall be pressure washed to control odors and to limit the presence of rodents, flies, or other vectors.

5.

All wastewater shall be collected and treated at a wastewater treatment facility permitted to accept it.

6.

Storage of solid waste shall not remain on the premises for a period not greater than 24 hours unless the waste is contained in leak-proof vehicles or containers with impermeable tops used by a licensed collection and transportation service.

7.

Burning of solid waste is not allowed.

8.

Equipment shall be provided to control accidental fires and arrangements shall be made with the local fire department to provide immediate services when needed.

9.

A list of emergency contacts shall be posted in an area accessible to all employees.

10.

An approved alternative method of waste processing or disposal shall be provided in the event the transfer station is rendered inoperable.

11.

Recyclable material may be separated from the incoming waste and stored provided that no fire hazard or nuisance conditions are created.

12.

All unacceptable waste inadvertently received at the facility shall be properly managed in accordance with applicable standards.

13.

Once a transfer station is no longer open for the purpose of receiving waste during the operating day, all putrescible waste remaining at the station shall be properly disposed of, stored in an enclosed structure, or stored in containers made of impervious materials and designed to prevent leakage and to prevent precipitation, insects, and other vectors from coming into contact with the waste.

D.

Access.

1.

An all-weather access road and parking area shall be provided and maintained.

2.

Traffic to and from the transfer station shall not impede the normal flow of traffic in the area.

A.

Each person proposing to locate a solid waste transfer station within the boundaries of the City of Emerson shall submit an application for a letter of assurance demonstrating compliance with the provisions contained in this division and consistent with the city's solid waste management plan.

B.

Upon enactment of this ordinance, no new transfer stations shall be operated within the city's limits without a letter of assurance from the city council.

C.

Application procedures.

1.

An applicant shall prepare and file an application for a letter of assurance with the city council. The application shall include all related documents submitted to the federal government and to the State of Georgia.

2.

The application shall contain the following information:

a.

A description of the corporation, its financial capability, and a detailed history of all of its past activities in the field of solid waste management.

b.

Evidence of liability insurance coverage with minimum limits of $1,000,000.00 for sudden events and $2,000,000.00 for non-sudden events. Such insurance shall cover injury or damage occurring upon the site of the operation and upon properties in the vicinity of the transfer station as a result of conditions or activities occurring in connection with the operation of the transfer station. An insurance carrier approved by the city council shall issue such policies and such policies shall be filed with the city council. The deductible written into the insurance policy shall not exceed five percent of the per-incident limit of the liability of the policy. The coverage obtained to fulfill the requirements of this section shall include the provision that the insurer notify the city council 30 days prior to the cancellation of the insurance for any reason. The insured shall provide evidence that $2,000,000.00 liability insurance is to run for five years subsequent to closure of the facility to cover post-closure claims. The insured shall also provide a history of claims against the corporation at any site, including claims against a subsidiary and/or parent corporation.

c.

Justification for and anticipated benefits from the facility.

d.

Yearly site expenses and an estimate of the costs for the lifetime of the facility.

e.

The proposed method of financing the facility, including development, operating, and closure stages. Also to be included is the name of the financial institution(s) which will be funding the project.

f.

Resumes of management personnel and the proposed number of employees and types of positions, including information about the training and experience required for each position and safety precautions undertaken for the protection of personnel.

g.

Anticipated dates to begin construction and to begin operation.

h.

A detailed estimate of the types and amounts of local government services required by the operator in each year of operation.

i.

A description of emergency procedures and safety and security precautions that will be used in the facility. This information shall include details on emergency assistance and emergency medical treatment that will be required from the area's medical facilities, the Bartow County rescue squad and nearby fire departments.

j.

A description of the environmental protection measures to be taken by the applicant to prevent contamination in and around the facility site and the description of planned monitoring systems, with an estimated annual budget for each of these items.

k.

A description of the environmental protection measures to be used during the transportation of materials to and from the facility, with an estimated annual budget for those arrangements and an estimate of the volume of material to be transported during each year of operation.

l.

A description of anticipated need for post-closure care.

3.

A map or other written material attached to the application shall include, but is not limited to, the following information.

a.

Name, address, and telephone number of the legal owner (and/or agent) of the property on which the facility is to be located;

b.

Name, address and telephone number of professional person(s) responsible for the plat of survey.

c.

Identification and description of any existing easements or rights-of-way affecting the property.

d.

Reference to any restrictive covenants on the property.

e.

Description of the property itself, including a location on a property tax map and the parcel number. The description should include reference to a deed book and page number or other evidence of title the current property owner may have.

4.

A transportation route map showing the proposed transportation routes to and from the transfer station, including an estimate of the volume of material to travel each route shall be attached to the application.

5.

The applicant shall furnish 15 copies of the application and associated documents to the city council.

A.

The city council shall require an application fee in the amount of $4,000.00 to reimburse the city for the costs of any needed professional services or assistance that may be required to evaluate the permit application and amendments, verify its contents, and evaluate the impact of a permit in the community, public health and the environment. Funds not so expended in the legitimate review of the permit application shall be returned to the applicant.

B.

Failure to provide these funds within 30 days of demand shall result in termination of the permit process or cancellation of the permit. The city council may take legal action against the applicant for any costs incurred by the city up to the point of termination.

C.

Upon payment of the fee herein, the city may employ its own consultant to review the application and compliance with this division.

A.

Upon identifying a potential site for project, the applicant shall notify the city council and participate in a public meeting.

1.

The city council or its designee shall give notice of the meeting to be published in a newspaper of general circulation at least twice preceding the date of the meeting. The applicant shall pay for the cost of publishing the notice.

2.

The notice shall state the date, time, place and purpose of the meeting, which purpose shall be to discuss the waste management needs of the city, to describe the siting process to be followed, and to allow for public input.

3.

The meeting shall be conducted by the city council or its designee.

B.

Within 45 days of receiving a completed application and the processing fee, the city council shall set a time for a public hearing.

1.

The applicant shall arrange and pay for notice of such hearing to be published at least twice prior to the hearing in the newspaper which is the legal organ in Bartow County. The first notice shall be published at least 30 and no more than 45 days prior to said hearing and shall include the date, time, place, and purpose of the hearing. Copies of said notices or certification from the publisher shall be submitted to the city council prior to the hearing.

C.

Once a completed application is submitted to the city council, the applicant shall also be required to send a letter via first class mail to all adjoining property owners, as shown on the tax records of Bartow County as of the date of application and to all owners of property any portion of which is within 1,000 feet of the boundary of the facility. This letter shall state that the applicant is seeking a letter of assurance for a transfer station. Certification of sending this letter shall be provided to the city council, along with a list of all owners, prior to the hearing for public comment on the completed application.

D.

The applicant shall give notice by regular mail of the time and place of the hearing to the owner and adjacent property owners. Said notice shall be mailed at least 14 days prior to the date of the meeting. Notice of said meeting shall also be posted by the applicant at the proposed facility site on each and every street of access at least 14 days prior said meeting. Posting of the notice shall be at intervals not greater than 1,500 feet.

E.

At the meeting, the general procedure will be:

1.

The applicant shall present its application and supplemental information which may have been requested by the city council.

2.

City councilmembers shall have the opportunity to ask questions of the applicant, the city council's experts and the applicant's experts, and of supporters and opponents of the facility.

3.

Supporters and opponents of the facility shall have the same amount of time to present information and air their concerns. Such time period shall be of at least 15 minutes' duration and may be longer if the application is complex or the number of experts and other witnesses warrants an extended period of time.

4.

If there are more than five opponents or supporters of the facility, the city council may require that a spokesperson be designated.

5.

Opponents and supporters of the facility may be represented by an attorney or attorneys. The applicant, supporters and opponents shall have the right to provide testimony, including expert testimony, in support of their position and supporters and opponents (or their spokesperson) shall have the right to ask questions in an orderly fashion as determined by city council or its designee.

6.

No later than 45 days after receipt of the final analysis, complete application, and final public meeting, the consultant(s) designated in paragraph C of section 4 shall make a recommendation to the city council at a public meeting on whether to accept the application, deny it, or accept it with modifications.

(Ord. No. 2023-015, § 1J, 7-24-2023)

A.

The city council shall issue a letter of assurance for any solid waste transfer station in the City of Emerson, as required by state law and regulations, if such facility complies with the location standards contained in this division and is consistent with the city's solid waste management plan.

B.

Before deciding whether to accept the proposal or to accept it with modifications, the city council shall make the following determinations:

1.

That there is a bona fide need for the facility and there is no reasonable alternative facility which will impact the environment less adversely;

2.

That the construction and operation of the facility will not pose an unreasonable health or environmental risk to the surrounding area;

3.

That the applicant or the operator has the capability and the financial resources to construct, operate, and maintain the facility;

4.

That the applicant or operator has taken or consented in writing to take any and all reasonable measures to comply with the applicable federal, state and local laws, regulations, and ordinances;

5.

That the applicant's plan represents the best available technology for handling the waste and the applicant has demonstrated that it will use the best management practices in handling the waste at the proposed facility;

6.

Whether the proposed use will have a negative impact on traffic on adjacent streets and/or on adjacent residential, commercial and industrial uses;

7.

Whether the proposed use is compatible with the surrounding properties, uses, and governmental facilities;

8.

Whether the proposed use will have a negative impact on health, safety, aesthetics, property values, or other elements of the community;

9.

If there are environmentally sensitive areas on the subject property, whether the proposed plans adequately protect those areas;

10.

That the facility is compatible with the City of Emerson's integrated long-range solid waste management plan, taking into account alternative methods of management such as recycling.

C.

Upon receipt of its consultant(s) final reports and subsequent to its consideration of the issues cited above, the city council shall, at its next scheduled meeting, make a decision to grant the permit, deny it, or grant it with specified conditions. Each councilmember may prepare a written decision to be voted on by the entire council. Each decision prepared and the final decision shall be based on evidence in the record and the criteria contained in this division. This final decision of the entire council shall be in writing.

D.

Approval of a proposal shall be specifically conditioned to the site plan, maps, and other detailed plans to ensure that the development is constructed in accordance with all the previously presented materials. Approval may also impose additional conditions, if the conditions are designed to minimize the impact of the use on adjacent property, streets and the like.

In the event the application is denied, the applicant shall have the right to appeal the decision to the superior court of Bartow County. Said appeal must be filed within 30 days of the date on which the decision was rendered. The applicant shall forward a copy of the appeal to the city clerk and the clerk shall forward a copy of the entire record (including all evidence submitted) to the superior court as soon as is practicable, along with the minutes of the hearings, copies of the tapes or transcriptions of the hearings, the written decision, a copy of this division and all other relevant ordinances, maps and documents.

Failure to comply with the operating or other requirements of this division shall result in a fine not less than $250.00 nor more than $1,000.00 per day per violation.

This division shall not apply to any permitted transfer station existing on the effective date of this ordinance and any such landfill shall be allowed to continue in operation. The division shall apply, however, to any new or expanded transfer station for which a permit by rule is issued by the Georgia Environmental Protection Division on or after the effective date of this division.

The purpose of this division is to provide for the administration and enforcement of regulations relating to manufactured homes, manufactured home parks, and industrialized homes in the city; to promote the public health, safety and welfare; to secure safety from fire, panic and other dangers; to promote aesthetic and natural beauty in the neighborhood environments; to provide for adequate light and air; to prevent overcrowding of land; to preserve the character of the area and its peculiar suitability for particular uses; to promote desirable living conditions; to prevent the erection of unpermitted or unsafe structures; to comply with Georgia state laws; to prevent nuisances; to protect property from blight and depreciation in market value; and to encourage the most appropriate use of land, buildings and other structures in the City of Emerson.

The following words shall have the following meanings in this division. Except as specifically defined herein all words used in this division shall carry their customary meaning as defined by a standard dictionary. The word "shall" is mandatory and not merely directory.

Building: Any structure intended for shelter, housing, or enclosure of persons, animals, chattels or property, and usually having a roof supported by columns or by walls.

Building official: The City of Emerson building official, or a duly authorized designee.

Commercial: An activity undertaken for profit, income, or other business purposes, including sales or manufacture of goods or items, sale of animals, and boarding, training, and breeding of animals, and similar activities.

Dwelling: A building or other structure designed, arranged, or used for temporary or permanent living quarters for one or more persons.

Dwelling unit: A building or portion thereof, providing complete living facilities for one family.

Family: One or more related persons or three or less unrelated persons occupying a dwelling and living as a single housekeeping unit provided that all related persons are related by blood, marriage or adoption. The term "family" shall not be construed to mean fraternity, sorority, club, student center, group care homes, or foster homes and is to be distinguished from persons occupying a boarding home, rooming house, hotel, or apartment unit.

Industrialized building: Any structure or component thereof which is designed and constructed in compliance with the state minimum standards codes and is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof.

Install: To construct a foundation system and to place or erect a manufactured home or industrialized building on such foundation system. With regard to manufactured homes, such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such manufactured home and connecting multiple or expandable sections of such manufactured home.

Line, lot: A line of record bounding a lot which divides one lot from another lot or property or from a public or private street or any other public space.

Lot: The basic development unit of land, also called a parcel or tract, with fixed boundaries, typically used or intended to be used by one building and its accessory building and not divided by any public road or alley.

Lot, width of: The distance between side lot lines measured along the front building line of the lot as determined by the prescribed minimum front setback requirement.

Manufactured house (a.k.a. mobile home): A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. section 5401 et seq.

Pre-owned manufactured home: Any manufactured home that has been previously used as a residential dwelling and has been titled.

Recreational vehicle: A camper, camp trailer, travel trailer, house car, motor home, trailer bus, trailer coach, fifth wheel or similar vehicle, with or without motive power, designed to provide temporary living quarters for recreational camping, travel use or emergency occupancy, constructed with integral wheels to make it mobile and/or towable by motor vehicle.

Residential industrialized building: Any dwelling unit designed and constructed in compliance with the Georgia State Minimum Standard One- and Two-Family Dwelling Code which is wholly or in substantial part, made, fabricated, formed, or assembled in a manufacturing facility and cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Any such structure shall not contain a permanent metal chassis and shall be affixed to a permanent load-bearing foundation. The term shall not include manufactured homes as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. section 5401 et seq.

8.274.1

HUD compliance. Any pre-owned manufactured homes located in or brought into the city shall bear a label certifying it was constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. section 5401, et seq. Homes not in compliance with this requirement are not permitted in the city.

8.274.2

Tax decal. All manufactured homes must display a mobile home location permit from the county tax commissioner, on or before May 1 of the current tax year, if such permit is required by state law.

8.274.3

Location of manufactured homes. A manufactured home may only be brought into the city or moved within the city to replace an existing grandfathered manufactured home or to be placed in an existing manufactured home park, as the primary use on the lot. Manufactured homes may not be used as accessory uses, except for commercial or industrial sales offices.

8.274.4

Permitting, inspection, certificate of occupancy and fees. A city permit shall be required to locate a pre-owned or new manufactured home in the jurisdiction.

(A)

Permit. To obtain a permit, applicants shall provide to the building inspector:

1.

An application form signed by the applicant containing such information as is required by the city.

2.

A signed affidavit that the pre-owned manufactured home meets health and safety standards required by this division

3.

Photographs providing evidence that minimum health and safety standards are met (not required for new homes);

4.

The permit and inspection fee required by subsection (d).

(B)

Inspection. Upon receipt of a permit, applicants may relocate the manufactured home to a residential site for purposes of inspection. The applicant shall arrange for an inspection to be held on the installation of the manufactured home is complete.

(C)

Alternative inspection. At the request of the applicant, the building official may, at his or her discretion, inspect a pre-owned manufactured home prior to its being relocated if the home is then located within 20 miles of the city. An on-site inspection surcharge shall be charged for this inspection in addition to the regular fees set forth in subsection (d) below. The manufactured home shall still be required to be inspected after installation.

(D)

Fees. A permit and inspection fee shall be charged to the applicant to cover the cost to the city to process the permit application and inspect the pre-owned manufactured home once installed. Such fee shall cover the initial inspection and one follow-up inspection. The applicant shall be charged a fee for each additional follow up inspection that may be necessary. Fees shall be set by the city in a separate fee ordinance or resolution.

(E)

Certificate of occupancy. A certificate of occupancy shall be issued to the applicant at such time that the building inspector certifies that the requirements of this division have been met. In the event the manufactured home, once installed, cannot meet the requirements of this division, it either must be repaired up to the standards herein or removed.

(F)

False information. Giving false information, including false pictures, of a proposed manufactured home in an effort to secure a certificate of occupancy shall be a violation of this ordinance and upon conviction thereof, shall carry a minimum fine of $750.00.

8.274.5

Installation requirements. The following installation requirements must be satisfied for a manufactured home to secure a certificate of occupancy:

(A)

Installation regulations. Manufactured homes must be installed in accordance with O.C.G.A. § 8-2-160 and the regulations promulgated thereunder.

(B)

Utility connections. Utility connections prior to the final inspection of the installation will be considered temporary and will be approved only when arrangements for complete installations have been made.

(C)

Entry landing. All manufactured house installations shall provide an adequate means of entry (including steps and a landing at each doorway), of a minimum size of four feet by eight feet.

(D)

Sewage management. Approval of an on-site sewage management system by the health department, or a sewer tap must be secured and provided to the city before a permit for a manufactured home will be issued.

(E)

Underpinning. Except as otherwise provided herein, any manufactured house, whether on an individual lot or in a manufactured house subdivision, shall be required to be underpinned prior to occupancy.

1)

The underpinning shall consist of one of the following: masonry, vinyl siding/panels or aluminum siding/panels or such other material as may be approved by the city prior to installation. The following types of materials are not permitted to be used, including, but not limited to, tin, wood (unless of natural decay resistance type such as cedar), plastic sheeting or gypsum board (black board).

2)

The underpinning must be adequately secured to the manufactured house and where necessary for stability, secured to the ground. Two access doors are required to be installed in a manner which will provide adequate access for inspections and maintenance. Provisions must be made for adequate ventilation for the crawl space underneath the manufactured house.

8.274.6

Minimum health and safety standards. All pre-owned manufactured homes shall comply with the following before being issued a certificate of occupancy by the building inspector:

(A)

HUD code. Every pre-owned manufactured home located in the jurisdiction shall be in compliance with the Federal Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. § 5401-5445 (the HUD code) and shall not have been altered in such a way that the home no longer meets the HUD code.

(B)

Interior condition. Every floor, interior wall, and ceiling of a pre-owned manufactured home shall be in sound condition. Doors and windows shall be operable, watertight and in good working condition. The floor system shall be in sound condition and free of warping, holes, water damage, or deterioration.

(C)

Exterior condition. The exterior of all pre-owned manufactured homes shall be free of loose or rotting boards or timbers and any other conditions that might admit rain or moisture to the interior portions of the walls or to occupied spaces. The exterior siding shall be free of rot and rust. Roofs shall be structurally sound and have no obvious defects that might admit rain or cause moisture to collect on the interior portion of the home.

(D)

Sanitary facilities. Every plumbing fixture, water, and waste pipe of a pre-owned manufactured home shall be in a sanitary working condition when properly connected, and shall be free from leaks and obstructions. Each home shall contain a kitchen sink. Each bathroom shall contain a lavatory and water closet. At least one bathroom shall contain a tub and/or shower facilities. Each of these fixtures shall be checked upon being connected to ensure they are in good working condition.

(E)

Heating systems. Heating shall be safe and in working condition. Un-vented heaters shall be prohibited.

(F)

Electrical systems. Electrical systems (including switches, receptacles, fixtures, etc.) shall be properly installed and wired and shall be in working condition. Distribution panels shall be in compliance with the approved listing, complete with required breakers, with all unused openings covered with solid covers approved and listed for that purpose. The home shall be subject to an electrical continuity test to ensure that all metallic parts are properly bonded.

(G)

Hot water supply. Each home shall contain a water heater in safe and working condition.

(H)

Egress windows. Each bedroom of a manufactured home shall have at least one operable window of sufficient size to allow egress if necessary.

(I)

Ventilation. The kitchen in the home shall have at least one operating window or other ventilation device.

(J)

Smoke detectors. Each pre-owned manufactured home shall contain one operable battery-powered smoke detector in each bedroom and in the kitchen, which must be installed in accordance with the manufacturer's recommendations.

8.274.7

Additions to manufactured homes, mobile homes. Additional living space is prohibited to be added to a manufactured home.

8.274.8

Single-family occupancy. All manufactured homes in the city in residential areas or manufactured home parks are limited to occupancy by a single-family.

8.274.9

Commercial/industrial sales office. A manufactured home used for a commercial or industrial sales office shall be exempt from the requirements of this division, except for sections 8.274.1, 8.274.6(b), 8.274.6(c) and 8.274.10, which shall apply.

8.274.10

Damage by fire/disaster. Any manufactured home damaged by fire, flood, tornado or other disaster such that the cost to repair the damage exceeds 50 percent of its current market value shall be fully repaired or removed within 45 days from the date the damage occurred. The city council may approve an extension of time of up to 45 days.

8.275.1

Industrialized buildings. Industrialized buildings shall comply with the requirements of O.C.G.A. § 8-2-110 et seq. and the rules and regulations promulgated thereunder.

8.275.2

Non-discrimination. Pursuant to O.C.G.A. § 8-2-112, the city shall not exclude residential industrialized buildings from being sited in a residential district solely because the building is a residential industrialized building.

8.275.3

Permitting, inspection, certificate of occupancy and fees. A city installation permit shall be required to locate an industrialized building in the jurisdiction.

(A)

Permit. To obtain a permit, applicants shall provide to the building inspector:

1.

An application form signed by the applicant containing such information as is required by the city.

2.

The permit and inspection fee required by 8.275.3(D).

(B)

Inspection. Upon receipt of a permit, applicants may relocate the industrialized building to a site for purposes of inspection. The applicant shall arrange for an inspection to be held once the installation of the building is complete.

(C)

Fees. A permit and inspection fee of shall be charged to the applicant to cover the cost to the city to process the permit application and inspect the building once installed. Such fee shall cover the initial inspection and one follow-up inspection. The applicant shall be charged a fee for each additional follow up inspection that may be necessary. Fees shall be set by the city in a separate fee ordinance or resolution.

(D)

Certificate of occupancy. A certificate of occupancy shall be issued to the applicant at such time that the building inspector certifies that the requirements of this division have been met. In the event the building, once installed, cannot meet the requirements of this division, it either must be repaired up to the standards herein or removed.

8.275.4

Additional requirements. The following requirements must be satisfied for an industrialized building to secure a certificate of occupancy:

(A)

Installation requirements. Industrialized homes must be installed in accordance with O.C.G.A. § 8-2-110 et seq. and regulations promulgated thereunder.

(B)

Utility connections. Utility connections prior to the final inspection of the installation will be considered temporary and will be approved only when arrangements for complete installations have been made.

(C)

Entry landing. All industrialized home installations shall provide an adequate means of entry (including steps and a landing at each doorway), of a minimum size of four feet by eight feet.

(D)

Sewage management. A septic permit or a sewer tap must be secured and provided to building inspections approval of an on-site sewage management system by the health department, or a sewer tap must be secured and provided to the city before an installation permit for an industrialized home will be permitted.

(E)

Foundations. The dwelling must be placed on a foundation and a curtain wall, unpierced except for required ventilation and access, must be installed so that it encloses the area located under the home to ground level. Such a wall shall have a minimum thickness of four inches and shall be constructed of masonry or similar material as approved by the building inspector.

8.276.1

Existing parks grandfathered. New manufactured home parks are not permitted uses under the existing Emerson zoning ordinance. Any manufactured home brought into an existing manufactured home park must meet the regulations of this division. Existing manufactured home parks are grandfathered, and are subject to the following regulations:

(A)

No space shall be rented for residential use of a manufactured home in any such park except for periods of 30 days or more.

(B)

Existing manufactured home parks may not be expanded.

8.277.1

Illegal residential living. No lot may be used for temporary or permanent residential living quarters unless a permanent dwelling unit has been lawfully erected on the lot, pursuant to the provisions of this division and applicable building and safety codes. Indications that a property is being used as temporary or permanent residential living quarters include actions such as spending significant time at the location on more than one day, repeated eating and sleeping at the location, and performing other life activities at the location repeatedly. Tents, boats, RVs and other structures that are not permitted permanent dwelling units cannot be occupied either on a permanent or temporary basis on a residential lot, except that tents may be occupied for no more than three days in any two-month period when erected in the rear yard of a permanent dwelling unit.

8.277.2

Occupancy of recreational vehicles. No recreational vehicle shall be occupied as a temporary or permanent residential living quarters except as follows. Recreational vehicles can be occupied as temporary dwellings as a temporary accessory use, for no more than ten days in any two-month period, only if there is a permanent dwelling unit as a principal use on the lot, and only if the vehicle is parked in the side or rear yard of the property, outside of any building setback area. No more than one recreational vehicle can be so occupied on the same lot. This shall not apply to recreational vehicles parked in a lawfully permitted RV Park as set forth and defined in the City of Emerson zoning ordinance.

8.277.3

Enforcement officials. The building official along with the police department are empowered to enforce this division. The building official shall have the power to revoke a certificate of occupancy and to order a building be vacated, in cases of threat to the public health, safety or welfare. Any person, firm, partnership, corporation or other legal entity who shall do anything prohibited by this division as the same exists or as it may hereafter be amended or which shall fail to do anything required by this division as the same exists or as it may hereafter be amended shall be subject to an enforcement action.

8.277.4

Right of inspection. Whenever necessary to make an inspection to enforce any of the provisions of this division, or whenever any official enforcing this division has have reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing system unsafe, dangerous or hazardous, the official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the official, provided that if such building or premises is occupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the city shall have recourse to every remedy provided by law to secure entry, including inspection warrants or search warrants. No warrant shall be required to investigate visible and open violations or uses.

8.277.5

Interference with enforcement. When the enforcing official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any others persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the official for the purpose of inspection and examination pursuant to this division.

8.277.6

Persons who may be cited. Owners are ultimately responsible for the condition of their property and ensuring that their property and all activity occurring on such property is in compliance with this division. For any violation, both the owner of the property and/or the individual agent, tenant or invitee of the owner responsible for the violation may be cited, where appropriate. Agents of the owner would include, but not be limited to, developers, builders, contractors, and sub-contractors. Tenants and invitees would include, but not be limited to, any renter, leaseholder, owner of any vehicle or structure on the property, or other person conducting an activity on the property who is not a trespasser. Corporations and companies responsible for the work may be cited in addition to or in lieu of citations issued to the actual individuals on site committing violations.

(A)

Daily violations. Each day during which the violation or failure or refusal to comply continues shall constitute a separate violation, subjecting the offender to a new citation, or other civil or criminal proceeding.

(B)

Multiple violations. Each separate action, omission, or occurrence relating to any specific provision of this division shall be a separate violation, subjecting the offender to a separate citation. Any offender may be cited with a maximum of ten citations per day.

8.277.7

Criminal prosecution. The enforcement officials may issue criminal citations for violations of this division, or violation of any stop-work order.

(A)

Criminal prosecutions for violation of this division shall be commenced by the completion, signing, and service of a citation by an authorized enforcement official. No warning need be issued prior to a citation being issued. The original of the citation shall be personally served upon the accused, his or her authorized representative or, if a corporation, an officer of the corporation or its on-site representative or the person or persons in charge of the activity on the property, and a copy shall be promptly filed with the municipal court.

(B)

Each citation shall state the time and place at which the accused is to appear for trial in municipal court, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by the official who completes and serves it.

(C)

Any defendant who fails to appear for trial shall thereafter be arrested on the warrant of the municipal court and be required to post a bond for his or her future appearance.

(D)

The city attorney, or another attorney designated by the city may act as prosecuting attorney for violations of this division.

(E)

Persons cited criminally are also subject to the other penalties within the jurisdiction of the municipal court, including incarceration of up to 60 days, community service, and probation.

8.277.8

Civil fines and proceedings. In addition to or in lieu of any other remedy, the city may seek injunctive, mandamus or other appropriate relief in superior court to enjoin or prevent a violation of any provision of this division. Such action may also seek civil fines at the mandatory rates specified in sec. 8.1 for violation of this division, and may additionally seek the costs of restitution, and any other costs associated with the action to enjoin or prevent any violation of any provision of this division. The city shall be entitled to its reasonable attorney's fees and costs for bringing an action in superior court wherein any relief is granted or fine assessed.

8.277.9

Revocation of permission. The building official may revoke a permit or approval, issued under the provisions of this division, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. The building official may revoke a permit or approval, issued under the provisions of this division, upon determination by the building official that the approval was in violation of, or not in conformity with, the provisions of this division.

8.278.1

Fine schedule. Fines assessed under this division shall be assessed according to the following mandatory minimum schedule, whether assessed as a civil fine in superior court, or assessed as a criminal penalty upon conviction in municipal court. In no event shall a fine be reduced below the mandatory minimum, as set forth below. Fines may be increased by mandatory add-ons under state law. As a deterrent to violation, second and subsequent violations by the same offender of any provision of this division, whether violations of the same or different provisions of this division as the initial violation, and whether involving the same or different property, shall increase the fine owing. However, repeated citations for the same violation on a second and subsequent days shall not count as a subsequent violation, but shall rather be assessed at the same rate as the initial violation.

(A)

First violation. For the first violation of any provision of this division by any violator (whether an individual or corporation), the minimum fine shall be $200.00.

(B)

Second violation. For the second violation of any provision of this division (whether the same or different as the first violation) by the same violator (whether an individual or corporation), the minimum fine shall be $400.00.

(C)

Third and subsequent violations. For the third and subsequent violation of any provision of this division (whether the same or different as the prior two violations) by the same violator (whether an individual or corporation), the minimum fine shall be $600.00.

The city council finds that properly planned and operated recreational vehicle communities (i.e., recreational vehicle (RV) parks): (1) promote the safety and health of the residents of such communities and of other nearby communities; (2) encourage economical and orderly development of such communities and of other nearby communities. It is, therefore, declared to be the policy of the city to eliminate and prevent health and safety hazards and to promote the economical and orderly development and utilization of land by providing for planned and supervised recreational vehicle communities by providing for the standards and regulations necessary to accomplish these purposes. This division is enacted in order to achieve orderly development of recreational vehicle parks (RV parks), to promote and develop the use of land to minimize possible impacts, and to promote the health, safety and general welfare of the public

This division shall apply to any recreational vehicle park to be located within the city limits.

The following words shall have the following meanings within this division:

Accessory structure. Any structural addition to the recreational vehicle or site, including awnings, cabanas, carports, garages, porches, storage cabinets, storage sheds, and similar appurtenant structures.

Administrator, a.k.a. zoning administrator, shall mean city manager or designee.

Biodegradable. Means capable of being decomposed by biological agents, especially bacteria.

Controlling interest. A person or developer who controls at least 51 percent of ownership.

Dry hydrant. An un-pressurized, permanently installed pipe that has one end below the water level of a lake, pond or container.

Full-time employee. A person who is responsible for maintenance of the RV park seven days per week. This person may or may not be the owner of the RV park.

Licensee or agent. A person who may or may not own the RV park but is person responsible for the day to day operations including records and license of the park.

Opaque fence. A fence made of solid materials designed to shield from public view the RV park (i.e. is difficult to see through or perceive).

Public use telephone. A telephone used by registrants of the RV park for emergency purposes.

Recreational vehicle or RV. A camper, camp trailer, travel trailer, house car, motor home, trailer bus, trailer coach, fifth wheel or similar vehicle, with or without motive power, designed to provide temporary living quarters for recreational camping, travel use or emergency occupancy, constructed with integral wheels to make it mobile and/or towable by motor vehicle.

Recreational vehicle park or RV park. Any lot, tract, or parcel of land upon which accommodation is provided for two or more recreational vehicles used as living or sleeping quarters by the day, week, or month, whether a charge is or is not made. A recreational vehicle park is a unified development of recreational vehicle spaces provided for recreational vehicle use with or without community facilities and permitted permanent buildings.

Recreational vehicle site or RV site. That part of a lot or area in a recreational vehicle park or RV park that has been reserved for the placement of one recreational vehicle or RV.

Sample well site. A connection at the property line where the customer's line and city line connect shall be installed a vertical riser of four inches in circumference, shall extend four to six inches above grade, for the detection of non-biodegradable materials.

A.

Required. It shall be unlawful for any person to operate any RV park within the city limits unless he/she holds a valid license issued annually by the City of Emerson in the name of such person for the specific park. The applicant shall make all applications for the licenses on forms furnished by the City of Emerson, which shall issue a license upon compliance with the provisions of this division.

B.

Hearing on denial. Any person whose application for a license under this division has been denied may request, and shall be granted, a hearing on this matter before the planning and zoning commission with recommendation forwarded to city council for approval or disapproval.

C.

Application for renewal. Application for renewal of a license shall be made in writing by the licensee on forms furnished by the City of Emerson on or before December 31 of each year. Such application shall contain any changes in the information occurring after the original license was issued or the latest renewal granted.

D.

Fee. All applications shall be accompanied by a fee as set forth in the City of Emerson fee schedule.

E.

Approval of transfer. Every person holding a license shall give notice in writing to the City of Emerson within ten days after having sold, transferred, given away, or otherwise disposed of interest in or control of any RV park. Application for transfer of a license shall be made within ten calendar days after notification of change covered in this subsection. Within 30 calendar days thereafter, the City of Emerson shall act on the application for license transfer and it shall be approved if the RV park is in compliance with the provisions of this section.

F.

Transfer fee. All applications for license transfer shall be accompanied by a fee as set forth in the City of Emerson fee schedule.

G.

Suspension.

1.

Whenever, upon inspection of any RV park, the city finds that conditions or practices exist which are in violation of any provisions of this division applicable to such park, the city shall give notice in writing to the owner and/or manager of the park, and if such conditions or practices have not been corrected in the time frame set forth in the notice, the city will suspend the license and give notice of such suspension. Upon suspension of the license, the licensee shall cease operation of such park.

2.

The suspension of the license may be appealed to the city council as set forth in subsection B of section 8.296.

A.

Authorized. The administrator is hereby authorized to make such inspections as are necessary to determine compliance with this division.

B.

Entry on premises. The administrator shall have the power to enter at reasonable times upon any private or public property within the purpose of inspecting and investigating conditions relating to the enforcement of this division.

A.

Notice of violation. Whenever it is determined that there are grounds to believe that there has been a violation of any provision of this division, the City of Emerson shall give notice of such alleged violation to the licensee or agent, as hereinafter provided. Such notice shall:

1)

Be in writing.

2)

Include a statement of the reasons for its issuance.

3)

Allow ten days for compliance.

4)

Be served upon the licensee or his agent; provided that such notice or order shall be deemed to have been properly served upon such licensee or agent when a copy thereof has been served in person or sent by certified mail to his/@@her last-known address.

5)

Contain an outline of remedial action that, if taken, will effect compliance with the provisions of this division.

6)

After all procedures outlined above are exhausted citations may be issued.

If a municipality mails a notice to a property owner in accordance with section 8.296 A and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered.

B.

Appeal from notice. Any person affected by any notice that has been issued in connection with the enforcement of any provision of this division applicable to such park may [request] a hearing before the planning and zoning commission; provided that such person shall file within ten days after the day the notice was served, in the city secretary's office, with a copy to the office of the administrator, a written petition requesting such hearing and setting forth a brief statement of the grounds thereof. The decision of the planning and zoning commission may be appealed to the city council. The filing request for a hearing shall operate as a stay of the notice and of the suspension, except in the case of an order issued under subsection D of this section.

C.

Issuance of order. After such hearing, the planning and zoning commission shall issue an order in writing sustaining, modifying, or withdrawing the notice of violation, which order shall be served by certified mail upon the petitioner. Any failure to comply with an order sustaining or modifying the finding of a violation shall constitute grounds for immediate revocation of the license of the park affected by the order.

D.

Order without notice. Whenever the city finds that an emergency exists which requires immediate action to protect the public health or safety, the designated official may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring the action to be taken as deemed necessary to meet the emergency. Notwithstanding any other provisions of this section, such order shall be effective immediately, but upon written petition to the city shall be afforded a hearing as soon as possible. The provisions of subsection C of this section shall be applicable to such hearing and the order issued thereafter.

Any noncompliance with this division is hereby deemed a nuisance. The city may abate and remove the nuisance and punish the person(s) responsible for causing or allowing the nuisance condition to exist. Any person(s) violating this division shall be subject to a fine for each provision violated, and each day that there is a failure to comply with the terms of any provision of this division is declared to be a separate offense.

A site development plan must be prepared and submitted to the administrator and must include the requirements for site plans contained herein.

A.

RV parks shall be located in an area regulated by section 8.300 of this ordinance.

B.

An opaque fence at least eight feet in height must be placed on the property line to buffer the RV park from view. The fence shall be installed on both sides and at the rear of the property. The fence must be of metal or galvanized materials. No wood fences are allowed.

C.

Conditional use permit. RV parks are allowed under C2, MU and MU-2 zoning as a conditional use.

Each RV park must have a minimum size of ten acres. The maximum site density for RV parks shall be 15 sites per acre. Only one recreational vehicle is permitted per recreational vehicle site.

A.

Each recreational vehicle site within the RV park shall have a minimum area of 1,950 square feet and shall be at least 30 feet wide and 65 feet in depth. The sites shall be designed as pull-through for ease of entering and leaving the site. A roadway is therefore required to the front and rear. In addition, the space shall be clearly marked identifying the space number.

B.

The left ⅓ (10 x 65) of the site or driver's side must be planted with grass and other landscaping; the middle (10 x 65) must be paved with cement and the remaining ⅓ or passenger side can be paved with either cement, asphalt, crushed rock or similar material. The middle portion is to be used for the parking of the recreational vehicle with the paved area on the right used as a parking or patio area.

A.

Each recreational vehicle site within the RV park shall have access to an internal private roadway, which shall have access to a public street. The entrance of the internal roadway, pavement width, and other roadway requirements set forth within the City of Emerson development regulations may be required to be enlarged, however never decreased, due to the large areas needed for the safe operation of RVs. Dead-end streets are not allowed.

B.

Metal signs shall be placed along the emergency access lane, by the owner or agent of the RV park stating that parking is prohibited. The sign type, size, height and location shall be approved by the city.

C.

Adequate street lighting for the RV park shall be approved by the city.

A.

Each RV park must have an office for the manager of the RV park, and a bathroom and shower facilities, as well as laundry facilities. All facilities used by residents must be well lit inside and out during the night hours. All facilities must meet applicable codes adopted by the city.

B.

All RV parks shall have at least one recreation area, located as to be free of traffic hazards, easily accessible to all park residents and centrally located where topography permits. Not less than eight percent of the gross park area shall be devoted to recreational facilities. Recreation areas include space for community buildings and community use facilities such as restroom and shower facilities, adult recreation (basketball court or tennis court) and playgrounds for children, and swimming pools, but not including vehicle parking, maintenance and utility areas.

Exposed ground surfaces in all parts of the RV parks shall be paved, covered with stone, rock, or other similar solid material, or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust.

Note. All pavement shall be kept in good repair.

No recreational vehicle shall be occupied as a temporary or permanent residential living quarter except as follows. Recreational vehicles can be occupied as temporary dwellings as a temporary accessory use, for no more than ten days in any two-month period, only if there is a permanent dwelling unit as a principal use on the lot, and only if the vehicle is parked in the side or rear yard of the property, outside of any building setback area. No more than one recreational vehicle can be so occupied on the same lot. This shall not apply to recreational vehicles parked in a lawfully permitted RV park as set forth in this division.

The area designated for the placement of recreational vehicle parks shall be established on the official City of Emerson zoning map.

The ground surface in all parts of the RV park shall be graded and designed to drain all stormwater, surface water in a safe, efficient manner. Drainage analysis shall be performed by a licensed professional engineer and easements for the conveyance of surface water off-site shall be obtained, if necessary.

Each site within an RV park shall be provided with a connection to the city water supply if available. If city water supply is not available, then a permit shall be obtained to install a well. The city must approve all proposed water facility plans prior to construction. The water distribution system shall be installed as follows:

1)

The water supply system, fixtures and other equipment must be installed in accordance with applicable codes adopted by the city.

2)

A master water meter shall be installed to serve the RV park.

3)

A backflow preventer, as approved by the city, will be required to be placed at the property line on the discharge side of the master meter. In addition, one must be placed at each of the connections for each RV site and located on the left side of the site.

4)

Water riser service branch lines shall extend at least four inches above ground elevation. The branch line shall be at least three-fourths-inch.

5)

Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes. Surface drainage shall be diverted from the location of utility connections at each site.

6)

A shut-off valve below the frost line shall be provided near each water riser pipe.

7)

The owner/operator shall have complete maintenance responsibility for the water system within the RV park.

8)

The city has no maintenance responsibility for service lines within the RV park. The responsibility of the city stops at the property line.

Each site within the RV park shall be provided with a connection for wastewater if available. If city wastewater is not available, then a permit shall be obtained prior to placement of an on-site sewage facility. All proposed wastewater service lines shall be connected to the city wastewater system if available.

On-site sewage facilities may be permitted if city utilities are not available. The city must approve all proposed wastewater facility plans prior to construction. The wastewater distribution system shall be installed as follows:

1)

The wastewater system and materials must be installed in accordance with applicable codes adopted by the city.

2)

Each site shall be provided with a four-inch diameter wastewater riser and shall extend above grade four to six inches. The wastewater riser pipe shall be so located on each stand so that the wastewater connection to the RV drain outlet will approximate a vertical position. Each inlet shall be provided with a gastight seal when connected to a recreational vehicle or have a gastight seal plug when not in service. The plug shall be that of a spring-loaded device.

3)

The wastewater connection to each site shall consist of a single four-inch service line without any branch lines, fittings, or connections. All joints shall be watertight.

4)

Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four to six inches above the ground elevation.

5)

Each collection wastewater line shall provide a vent extending a minimum of ten feet in height.

6)

The owner/operator shall have complete maintenance responsibility for the wastewater system within the RV park. The responsibility of the city stops at the property line.

7)

Each RV park shall be required to install at the property line, where connection to the city sewer is made, a sample well site as defined herein. The sample well site shall be installed according to city Code.

8)

All chemicals entering the city sewer shall be biodegradable.

Each site within the RV park shall be provided with electrical service. All electrical service shall be underground and installed in accordance with the City of Emerson building code. The electrical service shall be installed as follows:

1)

A master electric meter shall be installed to serve the RV park.

2)

The city has no maintenance responsibility for service lines within the RV park.

3)

The location of all underground lines shall be clearly marked by surface signs at approved intervals.

4)

Power supply to each site shall be a minimum of one 20-amp and one 50-amp power supply.

5)

Outlets (receptacles or pressure connectors) shall be housed in an Underwriters' Laboratories, Inc., approved weather proof outlet box.

6)

A watertight seal shall be provided for underground conduit in floodplain installations and a riser extending a minimum of two feet above the floodplain elevation shall be provided.

A.

Each RV park shall provide the following sanitary facilities as listed below:

1)

One toilet or stool for the female sex for every 20 sites or fraction thereof (minimum of one is required) for the first 120 sites, and one per 40 sites thereafter.

2)

One toilet or stool and one urinal stall for the male sex for every 20 sites or fraction thereof (minimum of one is required) for the first 120 sites, and one per 40 sites thereafter.

3)

One washbasin shall be provided within the toilet room for every two toilets or fraction thereof (a minimum of one is required).

4)

One shower shall be provided for each sex for each 20 sites or fraction thereof (minimum of one is required for each sex) for the first 120 sites, and one per forty sites thereafter.

5)

All toilets and shower facilities shall be placed in properly constructed buildings and located not more than 200 feet from any recreational vehicle site.

6)

Buildings shall be well lit at all times, day or night, well ventilated with screened openings, and constructed of moisture proof material to permit rapid and satisfactory cleaning, scouring and washing.

7)

The floors shall be of concrete or other impervious material, elevated not less than four inches above grade, and each room shall be provided with floor drains.

8)

A slop sink or basin with water supply shall be in each restroom (male and female) and at least one in the laundry facility, and shall be constructed in accordance with design, size and materials approved by the city.

B.

Toilet and bathing facilities shall be in separate rooms or partitioned apart in any manner as to provide privacy and promote cleanliness. Each toilet provided in a community toilet house shall be partitioned apart from any other toilet in the same room. The floor surface around the commode shall not drain into the shower floor.

C.

Toilet floors and walls shall be of impervious material, painted white or a light color, and kept clean at all times. Shower stalls shall be of tile, plaster, cement or some other impervious material and shall be kept clean at all times. If a shower stall is of some impervious material other than tile, cement or plaster, it shall be white or some light color and kept clean at all times. The floor of any bathroom, other than the shower stall, shall be of some impervious material, and the walls of the bathroom, other than the shower stall, shall be papered with canvas and wallpaper, or an equivalent washable surface kept clean at all times.

Each RV park shall be provided with safe and adequate facilities for the collection and removal of waste and garbage. Storage, collection, and handling shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, or fire hazards. Every site shall be located within 200 feet of a refuse facility measured along the RV park internal roadway. Trash dumpsters shall be screened on three sides.

A minimum of one land line telephone shall be provided in an easily accessible location 24 hours a day, seven days a week for emergency use.

The individual sites within the RV park are not allowed to have accessory structures as defined herein.

Each person renting a site within a RV park shall provide the following information to the owner, manager, operator or person in charge of the RV park:

1)

Name;

2)

Full address of permanent residence;

3)

Automobile and recreational vehicle license plate number and the state in which each is registered;

4)

Driver's license number of the owner;

5)

The number or letter of the site being rented;

6)

Date of arrival and departure.

Grounds, buildings and structures in the RV park shall be maintained free of the accumulation of high grass and weeds and debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitoes or other pests.

The RV park owner or manager shall be responsible for maintaining the entire area of the park free of dry brush, leaves, limbs and weeds.

A.

Open fires shall be allowed only in a manner and within a container approved by the Bartow County fire chief.

B.

A fire hydrant(s) must be placed such that each recreational vehicle site is at least 600 feet from one.

C.

If a RV park is to be placed in an area where city water is not available, the RV park owner must have a pond located on the property filled at all time with a minimum capacity of 20,000 gallons with a dry hydrant installed. A container capable of holding a minimum of 20,000 gallons with a dry hydrant installed shall also be allowed and/or substituted for a pond. The dry hydrant outlet shall be of standard size or four inches.

No RV park or recreational vehicle therein shall be used as a permanent residence for any period of time, notwithstanding section 8.305, except for permanent full-time employees of the RV park. No more than one space shall be allowed for use as a permanent residence for full time employees. Occupancy or parking of a recreational vehicle within the RV park extending beyond six consecutive months in any 12-month period shall be presumed permanent occupancy and is hereby prohibited.

A recreational vehicle may not return for a period of 60 days following six months consecutively.