Agenda - Council - 01/08/1991 - Laserfiche WebLink

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excessive or unreasonable conditions and restrictions, comprehensive plan amendments, excavation plan restrictions etc.) effectively prevents the economically feasible development and operation of the facility. Examples of indirect measures that, if deemed excessive, constitute a denial include thc following: Fees required by the site community that will not reimburse direct costs appropriate to the local jurisdiction and exceed any specific statutory authorization. Restrictions placed on thc site or applicable buffer area that do not apply to other properties in the same zoning classification. In a decision to override local zoning, thc Council shall conduct at least one public hearing in the affected community and consider at least the following matters: The risk and effect of the proposed facility on local residents, units of government, and the local public health, safety, and welfare, and the degree to which the risk or effect may be mitigated; The consistency of the proposed facility with, and its effect on, existing and planned local land use and development; local laws, ordinances, and permits; and local public facilities and services; The adverse effects of the facility on agriculture and natural resources and opportunities to mitigate or eliminate such adverse effects by additional stipulations, conditions and 'requirements respecting th'e design and operation of the proposed facility at the proposed site; The need for the proposed facility and the availability of alternative sites; The consistency of the proposed facility with the county master plan adopted pursuant to Minn. Stat. 473.803 and the Council's policy plan adopted pursuant to Minn. Stat. 473.149; and Transportation facilities and distance to points of waste generation. The public hearing will focus attention on the review considerations listed above and seek public comment on appropriate conditions and restrictions governing the operation of the facility to minimize adverse impacts. A decision to override will specify the conditions approved for local imposition or enforcement respecting the construction, inspection, monitoring and maintenance of the facility. These conditions may be added to or modified in the future at the Council's discretion. Environmental Impacts Proposed solid waste facilities must be reviewed according to criteria that provide for protection of public health and environmental resources. This protection requires care in selecting a waste facility's location, design, types of materials accepted, methods of operation and post-closure care. Shifting to more waste reduction and resource recovery and less land disposal should result in a net improvement to the region's environment as potentially harmful and space consuming wastes are 77