Marlborough Township
City Zoning Code
City Zoning Code
ARTICLE XXII
Solid Waste Disposal and Recycling
§ 275-154 Legislative intent.
In expansion of the statement of community development objectives found in Article I, § 275-3 of this chapter, it is the intent of this article to provide regulations for the processing, treatment, storage, and disposal of solid waste in the Township. In addition, it is the intent of this article:
A.
To encourage resource recovery, co-generation of energy, and recycling as a means of managing solid waste.
B.
To protect the public health, safety and welfare from the impacts of transporting, processing, treating, storing, and disposing of solid waste and recyclable materials by establishing reasonable and adequate performance standards for facilities permitted by this chapter.
C.
To provide standards and criteria governing the location and operation of solid waste disposal facilities and recycling facilities where they are specified as permitted uses in zoning districts.
§ 275-155 Definitions.
In addition to terms defined in Article VII of this chapter, the following words and terms shall have the specified meanings in this chapter:
Land affected during the lifetime of operations, including areas where disposal, storage, transfer, processing or composting actually occurs, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site or contiguous collection, transportation and storage facilities, closure and postclosure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to the operation of the facility.
For the purposes of this article, the terms "applicant" and "operator" shall be synonymous and shall mean those individuals, authorities, private firms, or others who are responsible for making application(s) to the Board of Supervisors and for operating the solid waste disposal facilities.
A recycling facility for the collection, sorting, and short-term storage of source-separated recyclable materials that handles less than 250 tons per year of those materials.
The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
A facility using land for processing of municipal waste by composting. The term includes "affected lands," as defined herein. The term does not include a facility for composting residential municipal waste that is located at the site where the waste was generated.
The deposition, injection, dumping, spilling, leaking, or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air, or is discharged to the waters of the commonwealth.
A composting facility other than a leaf composting facility.
An enclosed device using controlled combustion for the primary purpose of thermally breaking down solid waste.
A facility for the assembly, sorting and/or and short-term storage of more than 250 tons per year of source-separated recyclable materials and any amount of salvaged material, generally in preparation for transfer to a materials processing center or primary user of those materials. Includes junkyard.
A facility for composting vegetative material, including leaves, garden residue, and clipped shrubbery and tree trimmings. The term does not include a facility that is used entirely or partly for composting grass clippings.
An industrial operation that converts recyclable materials into a form suitable for use as a raw material.
Any facility that is designed, operated, or maintained for the disposal of municipal waste, whether or not such facility possesses a permit from the Department of Environmental Protection under the Solid Waste Management Act.[1] The term includes "affected lands," as defined herein. The term shall not include any facility that is used exclusively for disposal of construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
A person or persons engaged in solid waste processing or disposal.
Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composing facilities, and resource recovery facilities.
The collection, separation, recovery, and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste, or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute or supplement to virgin raw materials. The term includes affected lands, as defined herein. The term shall not mean transfer stations or landfills for solid waste nor composting facilities or resource recovery facilities.
A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off site, including a facility that mechanically attracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product. The term includes any facility for the combustion of municipal waste that is generated off site, whether or not the facility is operated to recover energy. The term includes affected lands, as defined herein. The term does not include:
The controlled removal or recycling of material from a solid waste processing or disposal facility.
The Act of July 7, 1980 (P.L. 380, No. 97), as amended.[2]
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
A facility which receives and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal. The term includes affected lands, as defined herein. The term does not include portable storage containers used for the collection of municipal waste.
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. This term does not include source-separated recyclable materials. Waste is further classified as follows, in accordance with Act 101, the Solid Waste Management Act:
AGRICULTURAL WASTEPoultry and livestock manure, or residual materials in liquid or solid form generated in the production and marketing of poultry, livestock, fur-bearing animals, and their products, if the agricultural waste is not hazardous. The term includes the residual materials generated in producing, harvesting and marketing of agronomic, horticultural and silvicultural crops or commodities grown on the premises of a farm operation.
CONSTRUCTION/DEMOLITION WASTESolid waste resulting from the construction or demolition of buildings and other structures, including wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term also includes dredging waste. The term does not include clean fill separated from other waste.
CLEAN FILLUncontaminated, non-water-soluable, nondecomposable inert solid material used to level an area or bring the area to grade. Includes uncontaminated soil, rock, gravel, brick, block, and concrete, as well as waste from clearing, grubbing and excavation, excluding trees, brush, stumps, and vegetative material.
Municipal or agricultural waste which because of its quantity, concentration, physical, chemical, or infectious characteristics may:
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
The term does not include point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended, or source, special nuclear, or by-product material as defined by the U.S. Atomic Energy Act of 1954, as amended.
MUNICIPAL WASTEGarbage, refuse, industrial lunchroom or office waste, or other material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and sludge not meeting the definitions of residual or hazardous waste from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility.
RESIDUAL WASTEGarbage, refuse, or other discarded material or waste including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining, and agricultural operations and sludge from an industrial, mining, or agricultural water supply treatment facility, wastewater treatment facility, or air pollution control facility, provided that it is not hazardous.
SOLID WASTEWaste including municipal, residual, or hazardous wastes.
§ 275-156 Permitted uses.
The following types of solid waste disposal and recycling facilities, as defined herein, may be operated in the zoning districts where they are specified as permitted uses, special exception uses or conditional uses:
A.
Solid waste disposal facilities, including incinerators, composting facilities, resource recovery facilities, salvage operations, and transfer facilities, provided:
(1)
Prior to the onset of operation of a solid waste disposal facility or expansion thereof, a permit must be obtained by the applicant from the Pennsylvania Department of Environmental Protection for the operation.
(2)
Regardless of ownership and management of the solid waste disposal facility, the Board of Supervisors and/or its authorized representatives shall, from time to time, be permitted to inspect the landfill site and operation to assure continued compliance with this article, with the expenses of inspection to be borne by the facility operator.
(3)
The Board of Supervisors reserves the right to assure proper operation of any and all solid waste disposal facilities in the Township, including the rights to:
(a)
Buy and/or lease land for these purposes.
(b)
Choose operators such as Township employees or authorities, or by contracting with private firms, or other legitimate means.
(c)
Enter into agreements with adjoining communities to handle their municipal waste.
(d)
Buy and/or lease equipment or contract with private firms who will provide, operate, and maintain equipment for these purposes.
B.
Recycling facilities, including community dropoff centers, intermediate processing centers and junkyards, and material processing centers.
§ 275-157 Performance standards.
In addition to complying with the regulations of the U.S. Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, and other applicable federal and state regulations, the following performance standards shall apply to solid waste and recycling facilities:
A.
The use shall not:
(1)
Constitute a nuisance or damage to health or any property by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor, debris, or dust in the immediately surrounding area or beyond the district boundary line.
(2)
Result in noise or vibration clearly exceeding the average intensity of noise or vibration occurring from other causes, measured at the property line.
(3)
Endanger surrounding areas by reason of radiation, fire, or explosion.
(4)
Discharge any untreated or incompletely treated waste into any stream; or otherwise cause or contribute to the pollution of surface or underground waters.
(5)
Endanger the underground water level or supply for other properties.
(6)
Create an objectionable traffic condition on the highways or in an adjacent area; or generate a nuisance to surrounding property by reason of traffic.
(7)
Create any objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the environmental quality of the surrounding area.
(8)
Include a municipal waste landfill unless it is a part of a solid waste disposal facility owned and operated by Marlborough Township or its agent, and is used only as an accessory to dispose of ash, residues, reject material, and other bypassed solid wastes as generated by a resource recovery and/or incineration facility.
(9)
Dispose of any solid waste other than municipal waste, as defined herein, and the ash, residue, reject material, and other material generated from municipal waste.
B.
Vehicular access for solid waste facilities:
(1)
Any public road used to provide direct access to a disposal operation for routine, daily use shall be paved and maintained in good condition, in compliance with the standards of the Pennsylvania Department of Transportation, for the types of heavy trucking which are necessary for operation.
(2)
The Board of Supervisors may designate safe and adequate access routes and prohibit the use of other roads, except for local trash pickup purposes.
(3)
The minimum paved cartway for access roads shall be 26 feet, with four-foot wide improved shoulders on both sides.
(4)
The access driveway into the disposal facility shall be of sufficient length that stopped disposal vehicles entering the facility are not stopped along the public road outside the facility.
(5)
The costs of upgrading and maintaining major access roads to the disposal operation shall be paid for by the disposal operation in a means suitable to the supervisors. Assessments and/or dumping fees are examples of suitable methods.
C.
Security. The site shall be fenced and served by lockable gates for security purposes. Scavenging shall not be permitted. In addition, appropriate precautions shall be taken to prevent trash from being scattered on the site by wind or other means. Fencing, walls, and other enclosures may be required for this purpose. Any scattered litter shall be collected daily and be properly disposed.
D.
Grading. The disposal operation site shall be graded and provided with appropriate drainage facilities to minimize runoff, prevent erosion, and prevent collection of standing water, except in basins designed for that purpose.
E.
Screening.
(1)
A solid waste disposal facility site, including all improvements thereon, shall be screened from view from adjoining residential or institutional uses or districts by a buffer zone of a minimum 200 feet between said site and improvements, and any adjoining property in which shall be placed a planting screen consisting of a variety of evergreen trees in a solid double row with a minimum height of nine feet so as to create a visual screening of said site and improvements from all adjoining real property, and shade trees, two-inch caliper by a minimum height of eight feet, informally arranged, in a number equivalent to one tree per 50 linear feet of buffer.
(2)
Materials collected, stored or processed at a recycling facility shall be screened from view from adjacent roads or properties by complete enclosure in a building, opaque screening by solid fencing, walls or dense vegetation, or by location on a site such that the operation is not visible or is screened by existing vegetation on the site.
F.
Elevation. The highest elevation of the accessory landfill shall never exceed 35 feet above the highest point of natural elevation within the landfill area of the site before the disposal operation began. Final grading of the landfill area shall be done in a manner which leaves the site potentially useful. New landscaping shall be planted to protect against erosion and improve the appearance of the land after final grading.
G.
Equipment housing. Equipment not in use shall be housed in on-site buildings.
H.
Firesafety. All buildings shall be equipped with fire and smoke detection and extinguishing facilities in compliance with the regulations of the Pennsylvania Department of Labor and Industry, the National Fire Protection Association, and/or other more stringent regulations, if determined appropriate by the Board of Supervisors.
I.
Scales. An on-site scale shall be used to weigh all solid waste delivered to a site and accurate and complete records shall be maintained by the operator, and which records shall be available for inspection by the Board of Supervisors upon request.
J.
Availability of records. A certified copy of all reports, data, plans and other material or information required to be submitted to the Pennsylvania Department of Environmental Protection shall also be submitted to the Board of Supervisors.
K.
Tire cleaning. A tire-cleaning area shall be provided on the access road within a solid waste disposal site. All tires on all trucks leaving the disposal site shall be cleaned. Runoff from the tire-cleaning area shall be controlled in accordance with the provisions of the Pennsylvania stormwater management regulations.
L.
Equipment cleaning. An equipment cleaning area shall be provided on the site. All equipment used in the disposal operation shall be cleaned daily to prevent odors and other nuisances or health hazards. All drainage from equipment cleaning areas shall be managed so as to prevent water pollution, and shall be discharged to a sanitary sewer system or other facilities approved by the Board of Supervisors.
M.
Groundwater monitoring. At the site of a solid waste disposal facility, groundwater monitoring wells shall be required and shall be located both along the interior boundary lines of the buffer zone and outside the boundary lines of the site as determined by the PADEP. Copies of PADEP monitoring reports shall be promptly provided to the Board of Supervisors. Any unsafe conditions shall be reported immediately to the Board of Supervisors.
N.
Emergency systems. All solid waste disposal facilities, equipment and personnel shall be equipped with both an internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel, and a device immediately available at the scene of operations, such as a telephone or a handheld two-way radio, capable of summoning emergency assistance from local police and fire departments.
O.
Emergency access. A solid waste disposal facility site shall have at least one emergency access entrance, which shall be locked except when used during an emergency situation. The operator shall provide a key to this entrance to the Board of Supervisors.
P.
Sanitary toilet facilities, as approved by the Board of Supervisors, shall be constructed and made available for use by persons on the site.
Q.
The applicant shall demonstrate to the Board of Supervisors that:
R.
In order to determine that adequate safeguards are provided, the Board of Supervisors may require that:
(1)
The applicant submit necessary information, impartial expert judgments and written assurances.
(2)
The applicant obtain the advice of appropriate local, state and federal agencies and of private consultants.
(3)
The applicant's proposed use(s) comply with such tests or provide such safeguards in addition to those listed herein as deemed necessary by the Supervisors, upon the advice of the Township Engineer.
§ 275-158 Additional criteria for considering conditional use applications.
In addition to complying with the standards of this article and of § 275-60 herein, applications for a conditional use for solid waste disposal facilities shall provide the information, comply with the requirements, and be evaluated by the Board of Supervisors in accordance with the standards, criteria, requirements, and regulations of this section.
A.
Plan conformance. The applicant shall provide a statement identifying the relationship of the proposed use to land use plans, policies, and controls for the affected area, including a statement as to how the proposed use may conform or conflict with the objectives and specific terms of existing or proposed federal, state, county and Township land use and/or solid waste plans, policies and controls, including a statement of the following:
B.
Separation. No land shall be actively used for solid waste disposal within 300 feet of an existing residence or within 1/4 mile of an existing school or institutional zoning district. Inactive buffer and/or landscaped areas of the waste disposal site may be counted toward the total separation.
C.
Traffic. The existing public road system must be able to accommodate the traffic generated by the use in a safe and efficient manner. Existing residential areas shall not be infringed upon by traffic from the proposed facility. In order to fully evaluate this, the Board of Supervisors may request a traffic impact statement in accordance with the provisions of § 275-72.
(1)
The study must demonstrate that the proposed use will not adversely affect surrounding areas of traffic circulation generally in the Township; or else identify any traffic problems that might be caused or aggravated by the proposed use and delineate solutions to those problems. Based upon the findings of the study, the Board of Supervisors may require other improvements both on site and off site which would alleviate hazardous or congested situations directly attributable to the proposed development as a condition of approval.
(2)
The traffic impact study shall be prepared for a study area extending a minimum of one mile on all abutting roads from the entrance of the proposed disposal facility. This area may be modified at the discretion of the Board of Supervisors.
§ 275-159 Conditional use application requirements.
An application for a conditional use for solid waste disposal facilities shall contain the date, information, and drawings specified herein.
A.
A topographical drawing, prepared by a professional engineer registered in the State of Pennsylvania, to a scale no greater than one inch equals 100 feet, showing:
(1)
Location of site relative to public roads.
(2)
Owners of adjacent properties.
(3)
Proposed fencing and improvements.
(4)
Proposed screening and buffering.
(5)
Cross-sections showing the existing grades and the proposed grades upon completion and closure of the accessory landfill, if any.
(6)
Accessory landfill area within the site, to include staging of landfill development and the location of haul roads and access roads.
(7)
Location of equipment cleaning and tire cleaning areas.
(8)
Location of weighing scales, firefighting equipment and all facilities, including buildings.
B.
The names and current addresses of any and all persons who own any interest, real or equitable, in the real estate which is the subject of the application.
C.
The names and current addresses of any and all persons having any ownership interest in the operation or proposed operation, maintenance and use of the equipment or real estate in question.
E.
The identities and qualifications of personnel designated to manage and operate the proposed facility, together with their intended responsibilities.
F.
All requirements of the Pennsylvania Solid Waste Management Act[1] and regulations and standards of the Department of Environmental Protection relating to solid waste processing and disposal system are incorporated herein by reference, as well as any and all plans, applications, data, materials, studies and information to the Board of Supervisors as is required to be submitted to the Pennsylvania Department of Environmental Protection pursuant to said Act, regulations and standards. All such materials shall be certified by the applicant to be true and correct copies of original materials filed with that Department.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
G.
Statements indicating expected useful life of the accessory landfill site and the condition and proposed uses of said site upon termination of operation, including, but not limited to, any limitations on future uses due to decomposition gases.
H.
An access road survey, which shall include the following:
§ 275-160 Dimensional standards.
The following standards shall apply to all solid waste disposal facilities and recycling facilities:
A.
For solid waste disposal facilities:
(1)
Minimum tract size and width, exclusive of existing rights-of-way of public roads: 10 acres with a minimum width of 750 feet.
(2)
Building setback from ultimate right-of-way, any zoning district boundary, and any property boundary: 250 feet.
(3)
Side or rear setback for an accessory building not associated with the operation of the solid waste facility: 100 feet.
B.
For recycling facilities: lot size and width and building setbacks in conformance with the requirements of the zoning district that permits the use.