§ 11. PSF Public Service Facility Overlay District.
A.
Permitted Uses:
(1)
Any use permitted in the underlying zoning district.
(2)
Governmental uses and structures consistent with the PSF approval.
(3)
Public service uses and structures consistent with the PSF approval.
(4)
Lime Stabilization and Residual Management Treatment Facilities in the C-4 Heavy Highway Commercial District, the I-1 Light Industrial District and the I-2 Heavy Industrial District only.
B.
Special regulations:
(1)
No building, structure or use within a public service facility overlay district shall be located closer than fifty (50) feet to the property line of an adjoining parcel containing a residence or the property line of a residentially zoned parcel.
(2)
No odor- or dust-producing substance or use, except in connection with the cultivation of permitted uses, shall be permitted within one hundred (100) feet of a property line if the adjoining property is being used for residential purposes.
(3)
The following siting criteria must be met prior to the approval of a public service facility overlay district for a construction and demolition debris landfill facility:
(a)
Have access to a roadway with a classification of no less than a two-lane collector which is designed to handle heavy truck traffic;
(b)
Not be located within one thousand (1,000) feet of residentially zoned properties and schools;
(c)
Be compatible with the surrounding land uses:
(1)
Shall not have a negative material impact on surrounding land uses,
(2)
Shall not have a negative material impact on infrastructure, or
(3)
Shall not have negative material environmental impacts;
(d)
Not be located within any area containing hydric soils, as specified in the Soil Survey of Hernando County;
(e)
Not to be located within two hundred fifty (250) feet of the property line of any property zoned as one of the rural zoning districts not under control of the owner/operator of the construction and demolition debris landfill;
(f)
Not be located within the 100-year floodplain; and,
(g)
Not create a vulnerable feature.
(4)
The following design criteria must be met prior to the approval of a public service facility overlay district for a construction and demolition debris landfill facility:
(a)
The site shall have a minimum setback of seventy-five (75) feet from all adjacent property lines;
(b)
Access roads must be paved or stabilized with limerock or some other surface and be dust controlled;
(c)
The site shall be completely fenced with a minimum six-foot-high security fence which must be locked during all hours when the construction and demolition debris landfill is closed;
(d)
Have only one entrance;
(e)
The site shall be buffered from adjacent properties with a fifteen-foot landscaped buffer of no less than eight (8) feet in height; and reach eighty (80) percent opacity within twelve (12) months;
(f)
Must comply with the provisions of the Groundwater Protection Ordinance; and,
(g)
Meet all other local, state and federal rules.
(5)
A construction and demolition (C&D) debris landfill facility shall meet the following operational standards:
(a)
The owner/operator of a construction and demolition debris landfill shall be responsible for compensating the appropriate fire department for all expenses in the extinguishing or containing of a fire above the cost of an average fire call as determined by the Florida State Fire Marshal's Output Report:
(b)
The owner/operator of a construction and demolition debris landfill shall provide the county with financial assurance, easily accessible to the county, in the amount needed for closure and care of the facility once closed not to be less than five (5) years. This financial assurance shall be in one of the following methods: a bond, insurance, irrevocable letter of credit, or cash. The financial assurance may be of co-obligation between the county and the Florida Department of Environmental Protection.
(c)
The owner/operator of a proposed construction and demolition debris landfill shall provide to the county a copy of their Florida Department of Environmental Protection permit and/or any other such permits as required by the law, rule or regulation by any successor agency. If an owner/operator of a proposed construction and demolition debris landfill is unable to attain or is exempt from the Florida Department of Environmental Protection rules, the proposed landfill does not meet the requirements of this ordinance, and shall not be allowed to operate.
(d)
All facilities receiving more than one hundred (100) tons per day, shall install scales to weigh incoming C&D debris. Facilities receiving less than one hundred (100) tons per day shall submit an alternate procedure for calculating daily waste, subject to approval by the county.
(e)
Initial cover of six (6) inches of soil shall be applied and maintained in order to minimize adverse environmental, safety or health effects such as those resulting from birds, blowing litter, disease vectors, odors, or fires. The minimum frequency for applying cover is every two (2) weeks.
(f)
A minimum of one C&D spotter (per FDEP standards) shall be present on site for each one hundred (100) tons, or part thereof, of C&D debris disposed per day.
(g)
The Hernando County Waste Management Division will perform inspections at each privately owned C&D disposal facility no less than once per week. The purpose of these inspections will be to assess compliance with this ordinance and the Florida Department of Environmental Protection's rules and regulations, and to enforce the Hernando County Zoning Regulations.
(h)
Inspection frequency by county employees shall be as follows:
Facility Frequency Accept less than 50 tons per day Once a week Accept 50—100 tons per day Three times per week Accept 100 tons or more per day Five times per week (i)
Owners/operators shall provide unrestricted access to their C&D disposal facilities for other county departments and personnel (code enforcement, sheriff's department, fire department) for compliance inspections.
(j)
Owner/operators shall maintain all records on-site for a minimum of three (3) years from the date of waste receipt. The following records shall be required:
Daily tons of C&D debris received.
Daily tons of C&D debris recycled and type (i.e., cardboard, concrete, wood, ferrous metal, etc.)
Name and address of the recycler or receiver of the recycled materials.
Daily tons of C&D debris disposed at the site.
Daily tons of rejected waste, type of waste, and the disposal location of the rejected waste.
(k)
Owner/operators shall submit a quarterly report summarizing the above information to the Hernando County Waste Management Division on the fifteenth of the next month following each quarter (April 15th, July 15th, October 15th, and January 15th).
(l)
Owner/operators shall submit a copy of the FDEP-required ground water monitoring well analyses to the Hernando County Waste Management Division after each sampling event.
(m)
Owners/operators shall pay a regulatory fee to the county for each ton of C&D debris received, except for tons that are recycled and rejected. The fee shall be deposited into the Construction and Demolition Debris Revenue Account. The revenue generated by this regulatory fee will fund the cost of county inspections, and the remainder will help pay for any future cleanup costs resulting from C&D disposal facilities or illegal dumping sites.
(n)
C&D disposal facility owners/operators shall pay the total regulatory fee due each month to the county no later than thirty (30) days following the end of each calendar month.
(o)
The amount of the regulatory fee shall be established by resolution of the board.
(6)
The following criteria must be met prior to the approval of a Public Service Facility Overlay District (PSFOD) for a communication tower site:
(a)
The minimum setbacks provided for in this ordinance must be met, and the PSF Overlay shall apply to a defined compound area for that tower and associated facilities only.
(b)
As part of the procedure when applying for a PSF, an applicant shall provide proof that a provider is connected with the application if the provider is not the applicant by the provision of a lease agreement or other documentation that commits a provider to locate on the proposed tower and submit to the County for inclusion in the record of any subsequent public hearing on the application the following materials:
(1)
A map showing the search ring utilized by the applicant in determining the appropriate location; and, in the case of a PSF in a residential area, a depiction of how the proposed location permits provision of service that cannot reasonably be provided from outside the residential area;
(2)
An inventory and a map showing all existing structures and towers within the search ring that are available for collocation;
(3)
A map showing all existing Public Service Facility Overlay Districts (PSFOD) and towers or existing structures of an appropriate height, within the search ring The map shall also indicate all PSFODs which have been approved for the placement of communication towers.
(4)
An analysis by an engineer licensed by the State of Florida, demonstrating how the tower location enhances the provision of service to areas not served or underserved by existing facilities and attesting that he/she has reviewed the propagation maps and radio frequency data, and that the submitted search ring is an accurate representation of the location and height requirements for the antenna array. The applicant shall also attest that coverage can not be provided from an existing structure or tower site.
(5)
Provide evidence that the applicant has pursued collocation, use of approved sites, and use of existing structures of an appropriate height. Evidence shall consist of copies of all correspondence between the petitioner and the owner, operator, or manager of other structures, towers or land which can be utilized for collocation or the construction of a communication tower. Evidence shall also be provided as to the following matters, to the extent applicable to the application:
i.
No existing towers or structures are located within the geographic area required to meet the provider's engineering requirements;
ii.
Existing towers and structures are not of a sufficient height to meet the provider's engineering requirements;
iii.
Existing towers or structures do not have sufficient structural strength to support the provider's proposed antenna requirements;
iv.
Existing towers or structures would cause electromagnetic interference;
v.
The costs to add to an existing tower or structure exceed the development costs for a new tower; and/or
vi.
The applicant demonstrates other limiting factors that render existing towers or structures unsuitable.
(6)
A visual line of sight analysis, including photo-simulated post construction renderings, to enable the County to assess the visual impact upon surrounding properties. Photo simulations shall depict the tower and antenna arrays for all potential collocated users.
(7)
A description of viable alternatives for utilizing camouflage techniques.
(8)
Proper access and parking for service vehicles must be demonstrated.
(c)
For residential areas or districts the applicant must demonstrate to the satisfaction of the County that service cannot be provided from outside the residential area and that no alternative locations are available.
(d)
Be compatible with the surrounding land uses:
(1)
Shall not have a negative material impact on surrounding land uses;
(2)
Shall not have a negative material impact on infrastructure; or
(3)
Shall not have negative material environmental impacts as allowed to be reviewed by applicable laws.
(4)
Shall have minimal visual and functional conflict between the proposed use and nearby neighborhood uses.
(e)
Submit a balloon test, which will allow the Board of County Commissioners to evaluate the impact of the communication tower on the surrounding land uses and the compatibility of the communication tower. This test shall consist of:
(1)
A balloon colored red, orange, or yellow and be no less than four feet in diameter;
(2)
The balloon is to be flown at the height of the proposed tower or a maximum of 199 feet if the tower is greater than 199 feet;
(3)
The balloon is to be flown for three consecutive days; except in the event of inclement weather, with the petitioner notifying the County of the delay. Nothing in this requirement should be construed as not having to fly the balloon for three days.
(4)
The balloon is to be flown for a period of at least three hours per day between the hours of 7:00 am and 10:00 am;
(5)
The balloon test can not commence until after the posting and mailing of notice to the public;
(6)
The applicant shall provide the Planning Department with 24-hour notice prior to the commencement of the balloon test; and,
(7)
The applicant shall provide the Planning Department a signed affidavit, prior to the Planning and Zoning Commission meeting, attesting to the applicant having conducted the balloon test.
(f)
All other requirements of this ordinance.
C.
All activities shall be in conformance with standards established by the county, state and/or federal government.
D.
All development must meet, at a minimum, the dimension and area regulations of the underlying zoning district and the standards and criteria in this section. The board of county commissioners may increase the minimum dimension and area regulations for the proposed use if it is deemed necessary to protect the health, safety and welfare of the citizens of Hernando County. Any reduction of the minimum dimension and area regulations or other development standards and criteria contained in this section must be specifically enumerated in the application and would require the approval of a deviation by the board of county commissioners.
E.
An impact statement describing the current condition of adjacent natural resources and land uses to the proposed subject site, the projected impacts on these areas and mitigation plans if appropriate shall be submitted for review as part of the public facility overlay district application.
(Ord. No. 93-30, § 9, 12-21-93; Ord. No. 97-3, §§ 4—6, 3-4-97; Ord. No. 97-08, § 9, 5-20-97; Ord. No. 98-18, § 8, 6-23-98; Ord. No. 98-24, § 5, 8-25-98; Ord. No. 99-18, § 2, 8-10-99; Ord. No. 2007-11, § 2, 7-24-07; Ord. No. 2013-31, §§ III, IV, 10-22-13)