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<section heading="COMCOR 59.00 01 Permit Fees and Requirements Related to Construction Debris Reclamation Facility">
  <regulation heading="COMCOR 59.00 01 Permit Fees and Requirements Related to Construction Debris Reclamation Facility">
    <subsection heading="59.00.01.01 Purpose and Authority">
      <paragraph indent="2">The following schedule of fees and requirements are adopted pursuant to the authority contained in Section 59-C-9.84 of the Montgomery County Code 1994, as amended.</paragraph>
    </subsection>
    <subsection heading="59.00.01.02 Definitions">
      <paragraph indent="2">Construction Debris Reclamation Facility: Any land or building used for the collection, sorting and recovery of construction or demolition debris where debris:</paragraph>
      <paragraph indent="1">(a)   Is separated, collected, processed or marketed in the form of raw materials or products;</paragraph>
      <paragraph indent="1">(b)   Has marketable value; and</paragraph>
      <paragraph indent="1">(c)   Is sorted at the reclamation facility site, with the inventory, by volume, being turned over at least once every 3 months.</paragraph>
    </subsection>
    <subsection heading="59.00.01.03 Development Standards">
      <paragraph indent="1">(a)   Minimum lot size of 10 acres.</paragraph>
      <paragraph indent="1">(b)   Minimum frontage of 1,000 feet and direct access to a road classified as a primary industrial street or higher.</paragraph>
      <paragraph indent="1">(c)   No more than 2 miles from an interstate highway interchange.</paragraph>
      <paragraph indent="1">(d)   A building setback of 50 feet from any road right-of-way, except a limited access freeway which is controlled by Section 59-C-9.81, and 75 feet from any adjoining property not classified in an industrial zone or the RS zone.</paragraph>
      <paragraph indent="1">(e)   Off-street parking of haul trucks and roll off containers must be in a building or screened from off-site visibility, and</paragraph>
      <paragraph indent="1">(f)   A landscaping plan approved by the Planning Board as part of the site plan approval process.</paragraph>
    </subsection>
    <subsection heading="59.00.01.04 Construction Debris Reclamation Permit Requirements">
      <paragraph indent="1">This regulation requires that:</paragraph>
      <paragraph indent="1">(a)   Construction debris be transported to the construction recycling facility in covered "Roll off' containers or covered trucks.</paragraph>
      <paragraph indent="1">(b)   All sorting and processing be done in an enclosed structure.</paragraph>
      <paragraph indent="1">(c)   When construction debris is separated, collected and processed, an average of 50% of the processed materials by weight have a marketable value</paragraph>
      <paragraph indent="1">(d)   Permanent storage is not permitted and inventory by volume turned over at least once every three months.</paragraph>
      <paragraph indent="1">(e)   Fifty-one percent (51%) of the materials processed be collected by the facility operator and</paragraph>
      <paragraph indent="1">(f)   The total volume of construction and demolition debris collected and recycled be reported to the Division of Solid Waste Services on an annual basis.</paragraph>
    </subsection>
    <subsection heading="59.00.01.05 Construction Debris Reclamation Permit Fees">
      <paragraph indent="2">Annual Permit Fee -  $110.00</paragraph>
    </subsection>
    <subsection heading="59.00.01.06 Indexing of Fees to Labor Cost Increases">
      <paragraph indent="0">The Director of Permitting Services must adjust each fee set in or under this regulation on July 1 of each year by regulation by a percentage that does not exceed the rate of the increase (if any) in the department’s approved personnel costs for the then-current fiscal year compared to the approved personnel costs for the preceding fiscal year.  For fees of $100 or more, the Director must calculate the revised fee to the nearest five dollars.  For fees under $100, the Director must calculate the revised fee to the nearest dollar.</paragraph>
    </subsection>
    <subsection heading="59.00.01.07 Severability">
      <paragraph indent="0">The provisions of these regulations are severable.  If a court of competent jurisdiction holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.</paragraph>
    </subsection>
  </regulation>
</section>