9-10-4 TEMPORARY CONCRETE BATCHING FACILITIES

A. Purpose: The purpose of this section is to allow temporary concrete batch plants to be erected and used during a limited time of the year, on any property that conforms to these requirements, to provide concrete batching facilities in the town where industrial zoned land is unavailable for such use. The batch plant shall be associated with an assigned building permit of a chosen project to limit the time it can be in use and shall be located on-site. This license does not exclude the batch plant from delivering concrete to other projects on a commercial basis. This permit does not grant any vested rights for this use to the property it is located on. B. Permits 1. A permit shall be required for any concrete batch plant that is erected or conducted within the town limits if it: a. Loads any type of truck or equipment with concrete materials for the purpose of delivering them on site or to another location for final use; b. Stores concrete materials or equipment, such as sand, gravel, cement powder, water, delivery trucks or equipment, batching equipment or anything related to the process. 2. A permit is not required when concrete batching is conducted in quantities of less than one cubic yard at a time (delivered in bags, or small bulk quantities), to be used only in the location of the batching, and not delivered to any off-site location. 3. The Town Manager, or designee, shall review all applications submitted under this section and ensure that the application and the operation represented thereby strictly complies with each requirement of this section and will not create a nuisance, negative effect or safety hazard on the proposed site, surrounding property or to the citizens of the town. The Town Manager, or designee, shall have the authority to approve, deny or revoke any application or permit obtained under this section. C. Permit Application: The applicant shall submit a permit packet, which includes: 1. Permit application. 2. Site plan 3. Agent authorization to use the land if it is not owned by the applicant. 4. List of materials to be stored on the property, along with quantities. 5. List of equipment to be used on the site for delivery of raw materials, loading and processing of concrete, and delivery and placement of concrete materials. 6. Written explanation as to how the applicant will comply with this section regarding noise, dust, smell, safety, and other nuisances. 7. The source of water to be used for concrete batching. 8. Restroom facilities. 9. Insurance and bond information. 10. Town indemnification agreement. 11. Storm drain and erosion control plan. 12. Site restoration plan. 13. Other information that will show how the operation will be conducted, and site restored after use. D. Inspections: All approved permit locations shall be subject to inspection at all reasonable times by the Town Manager, or designee. The permittee shall notify the Town Manager, or designee, within three (3) business days of completion of the project and removal of the equipment under the permit. E. Permit Standards: 1. The operation may be located on town owned or leased property deemed fit by the Town Council for such facilities. The license shall be tied to one single building permit only, but may be transferred to another permit, one time only. 2. The facility shall only be operational from May 1 until November 1 of any given year, weather permitting. The Town staff may grant a one-month extension, weather permitting. 3. Operation of equipment, trucks and motors shall only be conducted between the hours of seven o'clock (7:00) A.M. to eight o'clock (8:00) P.M. 4. The facilities shall be maintained in a clean and orderly condition and the operator of the facility shall ensure that all dust, dirt, mud and excess water from any material, trucks, land, roads, and facilities leading to, from and on the facility, site are controlled. 5. No structure or portion of the facilities or any equipment used in connection with the facilities, or their operation shall exceed fifty feet (50') in height above natural grade. The facilities shall be completely fenced and locked during nonbusiness hours. All hazardous materials stored on site must be properly contained and legally disposed of. 6. At the time of filing its application for approval of a facilities site and operation, the operator shall file with the Town a security bond or deposit in the amount of twentyfive thousand dollars ($25,000). This is to ensure the operation of all facilities in compliance with this section, ensuring cleanup and restoration of the property upon which the facilities are to be located, and ensuring that the operator pay for any damages to private or public property or improvements which result in any way from the operation of or related to the facilities. Interest earned from the cash deposit will accrue to the benefit of the applicant. (2010 Code, amd. ord.15-005, 4-28-2015) 7. At the time of filing its application for approval of a facilities site and operation, the operator shall provide the Town with proof of general liability insurance in the sum of one million dollars ($1,000,000.00) per occurrence, naming the Town as an additional insured. Such insurance shall not be subject to cancellation except upon thirty (30) days' prior written notice to the town. 8. The lot, property, or parcel of land on which the facilities are to be located or operated shall be large enough to accommodate all facilities, equipment, concrete trucks, vehicles, and employee vehicles. No public roads may be used for any part of or for any use associated with the facilities or their operation. No tree removal permit shall be issued to accommodate facility. (2010 Code, amd. ord. 15-005, 4-28-2015) 9. The operator shall be required to meter all water used with regard to the facilities or their operation and shall pay to the town, as required by the Town, the rate established by the Town for bulk water sales. 10. Facilities shall be allowed and permitted by the Town on a first come, first served basis. No more than three (3) concrete batching plants shall be allowed or permitted within the town boundaries at any one time. 11. Any facilities or operations proposed to be located within any well protection zone shall submit with their application a plan specifically identifying the measures which will be taken to protect against contamination of the well protection zone or the associated water or water source. The operator of any facility or operation approved for location within any well protection zone shall agree in writing, prior to the application being approved, to pay any and all costs and damages incurred as a result of any contamination of such well protection zone or the associated water and water source. 12. A facility shall identify and follow a plan to protect adjoining properties and the general citizenry from unreasonable nuisances and hazards relating to the operation of the batch plant in comparison to typical construction processes or similar process that may become an attractive nuisance. 13. An adequate number of temporary restroom and construction material container facilities shall be located on the facility site and shall be properly and regularly serviced and maintained. (ord. 08-016, 8-12-2008)