§ 11-119. Approval process.

Applications for solid waste management facility siting permits shall be filed with the county's planning and development division and shall be accompanied by the applicable fee to be established by resolution of the board. Application fees shall be based on the estimated cost of providing an effective review to assure compliance with this article. The board may approve, approve with conditions, or deny any permit application filed pursuant to this article. The steps involved in the approval process are as follows:

(1)

A pre-application meeting is optional, but recommended.

(2)

Applicant submits an application for solid waste management facility siting permit consistent with this article.

(3)

The land development director shall send a copy of the application to each member of the development review committee and shall place the application on the agenda of the next committee meeting that allows for fifteen (15) working days for review. The application for a solid waste management facility siting permit shall be processed concurrently with any related Polk County Comprehensive Plan and Land Development Regulation applications for development approval filed by the applicant.

(4)

Each committee member shall submit written comments as to the proposed development's compatibility with land uses and conditions in relative proximity to the proposal, the probable effect on the public facilities and services and whether the proposal is in compliance with the comprehensive plan, land development code and this article. Development review committee members shall provide proposed written conditions of approval for the board's consideration to memorialize representations made by the applicant, attempt to mitigate the impacts of development and address compatibility concerns. In the event the development area contained within the application for a solid waste management facility siting permit exceeds ten (10) acres in size, the land development director may engage third party professionals to assist the land development director in reviewing the application for a solid waste management facility siting permit for consistency with the comprehensive plan, land development code and this article. The fee for such review shall be the obligation of the applicant and the methodology for assessing the fee shall be established by resolution of the board.

(5)

The land development director shall prepare a written report, propose conditions of approval, and provide a recommendation that the application be approved, approved with conditions, or denied for both the planning commission's public hearing and the board's public hearing. The land development director shall incorporate the recommendations of the development review committee, the third party professionals (if applicable) and the planning commission. The land development director shall provide proposed written conditions of approval proposed by the development review committee, the planning commission, and the third party professionals, for the board's consideration to memorialize representations made by the applicant, attempt to address the impacts of development and address compatibility concerns.

(6)

The land development director shall schedule a public hearing before the board on the application, and notice shall be provided as set forth the Polk County Land Development Code.

(7)

The board, in the review of the development application shall consider the following:

(a)

Whether there is a local need in Polk County for a new solid waste management facility, or for the modification or expansion of an existing solid waste management facility;

(b)

The written report of the land development director containing the recommendations of the development review committee, the third party professional (if applicable), and the recommendation of the planning commission;

(c)

The evidence and testimony presented during the hearing;

(d)

Whether the proposed development is consistent with all relevant requirements of the comprehensive plan, land development code and this article;

(e)

Whether the proposed use is compatible with land uses and conditions in relative proximity to the proposal and the general character of the area, including such factors as density, height, bulk, scale, scope, intensity, traffic, odor, setbacks, topography, and noise appearance;

(f)

The factors listed in section 907D.9 and 907D.10 of the land development code; and

(g)

Any other matter which the board may deem appropriate and relevant to the specific development proposal.

(8)

The board may prescribe appropriate conditions of approval and safeguards in conformity with the intent and provisions of this article, including the following:

(a)

Limit the manner and extent to which an activity is conducted to minimize such environmental effects as noise, vibration, air pollution, glare, and odor;

(b)

Limit the height, size, or location of a building, drainage facility, storage area, disposal area or other improvements, fixtures, features (including signs), or other on-site uses to attempt to minimize incompatibilities between a proposed development and land uses and conditions in relative proximity to the proposal;

(c)

Designate the size, number and location of vehicle access points to minimize hazards for vehicular or bicycle/pedestrian traffic and to minimize congestion on public roads;

(d)

Limit the location and intensity of outdoor lighting, including sign lighting, or require its shielding to protect adjacent or nearby properties and public roadways from glare;

(e)

Require modified or increased berming, screening, separations, setbacks, or landscaping to lessen visual and sound impacts which may adversely affect adjacent or nearby property;

(f)

Memorialize representations made by the applicant; and

(g)

Specify other conditions in conformity with the intent and purpose of the comprehensive plan, land development code and this article.

(9)

The board shall render a final decision to approve, approve with conditions, or deny the development application.

(Ord. No. 2014-014, § 9, 3-18-14)