The restricted use control area overlay district is intended to establish long-term use restrictions for property in the city on which soil is contaminated. Use restrictions are applied to protect the community from contact with contaminants. Any modification to any RUCAO, including removal of the RUCAO designation, requires compliance with Article 16 of the Wyoming Environmental Quality Act (WEQA) and coordination with the Wyoming Department of Environmental Quality (WDEQ).

(Ord. No. 22-05, § 1, 11-15-22)

These rules are based in part on Article 16 of the WEQA, W.S. 1977 35-11-101 et seq, Voluntary Remediation of Contaminated Sites.

(Ord. No. 22-05, § 1, 11-15-22)

(A)

The Owner of the site who proposes long-term use restrictions on the use of the site shall submit a petition, as required by Article 16 (W.S. 1977 35-11-1609(a)) of the WEQA).

(B)

A use control area may be created or modified only upon submission of a petition by the owner of a parcel of real property accepted as a "site" in the WDEQ, Voluntary Remediation Program and notice and public hearing as provided in subsection (d) of this Section, and shall include only the site, unless adjacent property owners consent.

(C)

The petition to establish a use control area shall contain data, information and any remedy options required in a preliminary remediation agreement under W.S. 1977 35-11-1606. The property owner, in conjunction with the WDEQ, shall set the boundaries of the RUCAO District in the petition. The petition will include a map and legal description of the proposed use control area and specify restricted uses.

(D)

Upon submission of a petition for long-term use restrictions, the owner shall give written notice of the petition to all surface owners of record of land contiguous to the site and publish notice of the petition and a public hearing once per week for four (4) consecutive weeks in a newspaper of general circulation in Sweetwater County. The notice shall identify the property, generally describe the petition and proposed use restrictions, direct that comments may be submitted to the City Development Services office, and provide the date, time and place of the Planning and Zoning Commission meeting at which the petition will be heard and discussed. The public hearing shall be held no sooner than forty-five (45) days after the first publication of the notice.

(E)

The Planning and Zoning Commission can modify the petition if warranted only during the public hearing, with WDEQ and site owner concurrence. If the petition is found acceptable, the Planning and Zoning Commission shall approve the petition and recommend the petition to the Governing Body of the City for final approval. The Governing Body shall adopt or reject the petition. If the petition is rejected or required to be modified, it shall be returned to the Planning and Zoning Commission and the owner (who shall confer with the WDEQ) for further review. However, any modification shall be conducted in accordance with subsection d. above including public notice and hearing. If the petition is to be accepted, it shall be adopted by ordinance and the overlay designation placed on the official zoning map. The Governing Body will stipulate and define the specific boundary of the overlay zone as presented in the petition.

(F)

The petition shall be finally approved or denied within one hundred eighty (180) days after the petition has been received by the Development Services office. The owner and the Governing Body may agree to extend the time period in which the Governing Body is to vote upon the petition. The Governing Body may, on a vote taken within one hundred eighty (180) days after the petition is received, condition its vote approving the petition upon the owner's subsequent filing of the determination by the WDEQ director that a remedy can be selected that meets the requirements of W.S. 1977 35-11-1605 and is consistent with the owner's petition.

(Ord. No. 22-05, § 1, 11-15-22)

Modifications to RUCAOS shall follow the process described in Section 17.3.

(Ord. No. 22-05, § 1, 11-15-22)

A.

THE FOLLOWING PROPERTY IS IN THE WEST SECOND SOUTH RUCAO AND IS LOCATED AT 325 W 2 ^ND S:

A parcel of land being in the NW¼ and the NE¼, Section 22, T.18N., R.107W., City of Green River, Sweetwater County, Wyoming, said permit boundary description being more particularly described as follows:

Beginning at a point from which the NE corner of said Section 22 being a found brass cap monument bears N56°14'31"E, 3348.15 feet, and the West ¼ corner of said Section 22 bears S73°21'45"W, 2673.09 feet; thence from said Point of Beginning the following 11 courses: thence N52°15'33"W, 206.75 feet; thence N42°42'00"W, 95.58 feet; thence N84°39'27"W, 94.38 feet; thence N26°21'52"W, 760.57 feet; thence N65°12'17"E, 296.79 feet; thence S32°22'01"E, 135.07 feet; thence S34°18'21"E, 385.04 feet; thence S52°46'10"E, 396.51 feet; thence S39°35'23"W, 190.25 feet; thence S7°28'31"W, 101.73 feet; and, thence S40°59'32"W, 121.87 feet to the point of beginning of this permit boundary description, containing 8.45 acres, more or less, and subject to all easements, rights-of-way and restrictions of record.

B.

The following uses of the property within the RUCAO will be prohibited:

Residential housing, fraternity, or sorority; Hospital, hospice, or nursing home; Jail, Juvenile Detention, or any detention center; School or day care; Hotel or motel; Animal shelter; animal boarding, kennel, animal care facility; veterinary clinic; Animal or livestock sales, livestock grazing, zoo, or animal husbandry of any kind; Greenhouse, plant nursery, crop production operations, raising edible crops (except in situations where cultivated plants are grown in clean soil imported to the site where root penetration into contaminated soils would not occur); Dairy farm or dairy processing; Landfill; Commercial Gasoline Station; Chemical Manufacturing Facility; Any Unregulated Generation, Storage, Transportation, or Disposal of Any Flammable Explosives, Radioactive Materials, Hazardous Wastes, or Toxic Substances; Hunting or trapping; Overnight camping or recreational vehicle park; Unpaved racing facilities (motorized and non-motorized); Grain elevator or grain mill; Meat or food processing facility; Excavations (other than those completed as a component of: site remediation, construction of utility corridors and trenches, maintenance of existing utilities, or construction of buildings for permitted uses).

(Ord. No. 24-01, § 1, 6-18-24)