The URL can be used to link to this page

Home My WebLink AboutAmending Code by Inclusion of New Article 12 Addressing Residential Composting RegulationsORDINANCE No. 10348 -15 Passed by the Common Council of the City of South Bend, Indiana Attest: JOHN Attest: February 23 20 15 Presented by me to the Mayor of the City of South Bend, Indiana February 24, 20 15 City Clerk President of Common Council JV111V VVVICLG Approved and signed by mew ,j) � "`f ? p_ City Clerk Substitute Bill No. 05 -15 Ordinance No. t 03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ADDRESSING RESIDENTIAL COMPOSTING REGULATIONS STATEMENT OF PURPOSE AND INTENT The Purdue Extension's publication Home & Environment notes that "composting is a tool" which benefits the soil and "a well- maintained compost pile can reduce the amount of yard and food waste that is sent to the landfills each year. According to the U.S. Environmental Protection Agency (EPA), Americans produce more than four pounds of waste per person per day (or 1,600 pounds per person per year). The EPA estimates that 65 percent of that waste is organic and could be composted into a rich material that can improve the soil and enhance the growth of lawns and gardens ". This publication also noted that composing helps: • "Improved soil fertility • Improved soil structure • Improved water - holding capacity • Reduced erosion • Reduced levels of plant pathogens, insects, and weeds" The City of South Bend, Indiana, is in Region 5 of the Environmental Protection Agency programs which states on their website located at httn: / /www.ena.gov /region5 /waste /solidwaste /compost that "Region 5 has supported the following activities to help reduce the amount of food and yard waste that needs to be disposed of, and develop markets for compost" which included municipal composting initiatives and grants, webinars, and workshops. The Common Council desires to encourage composting as well as sustainable living while preserving the quality of life in all residential neighborhoods. In furthering the health and public safety of our residents by encouraging composting which benefits soil health, conserves water and helps the environment, all composting conducted in residential neighborhoods must be free from rodents, animal harborage, and odors. The following residential composting regulations are believed to be in the best interests of the City of South Bend, Indiana. �J1 e" J,/' �rdciln�d /� de '&,ww ci coittrlc�! /e !� �a //r Mend Section I. Chapter 14 of the South Bend Municipal Code is hereby amended by the inclusion of new Article 12 which shall read in its entirety as follows: Residential Composting Regulations Ordinance Page 2 Article 12. Residential Composting Regulations Sec. 14 -116. Definitions. As used in this Article: (a) Community garden means a Parcel or parcels of land which is gardened collectively by agroup of individuals and /or a non -Profit organization(s) where Produce Plants and related food items are grown or developed for the benefit of the community. (b) Compost means the Product produced by the composting of vegetative mater. t (c) Composting is the biological treatment process by which microorganisms decompose the organic component of vegetative matter (such as yard or landscaping waste including leaves grass brush, limbs and branches (d) Organic materials for composting mean discarded garden plants grass clippings tree Leaves acid plant trimmings, spent flowers weeds sawdust wood ash straw, fruit and vegetable peels, egg shells, lettuce leaves trimmings from kitchen scraps coffee grounds tea leaves/bags and other raw non - greasy food wastes 2 Sec. 14 -117. Compost Area Size and Location Regulations/Limited Exceptions for Community Gardens. (a) A compost area may only be located in the rear yard of a residentially zoned parcel, shall be located at least five (5) feet from lot lines and no closer than twenty (20) feet to any habitable building other than the residential owner's own home (b) All compost areas shall comply with applicable zoning regulations of Chapter 21 of the South Bend Municipal Code and shall not exceed a total of one hundred (100) cubic feet in volume for city lots less than ten thousand (10,000) square feet and one hundred fifty (150) cubic feet for lots greater than ten thousand (10,000) square feet and no greater than five (5) feet high .1 (c) If a community garden located within the City is anticipated to exceed the cubic feet ' This definition is from the Indiana Department of Environmental Management (IDEM) Office of Land Quality publication dated January 24, 2000, a copy of which is on file in the Office of the City Clerk. ' This definition is from the Department of Horticulture's Purdue University Cooperative Extension Service publication written by B. Rosie Lerner entitled "Managing Yard Wastes: Clippings and Compost" Oct. 2002, a copy of which is on file in the Office of the City Clerk. ' Reasonable set back regulations are consistent with the City's zoning regulations which are to promote "...the public health, safety, comfort, morals, convenience, and general welfare" addressed in South Bend Municipal Code § 21- 01.01(c)(3). Residential Composting Regulations Ordinance Page 3 provisions set forth in Paragraph (b) of this Section the individual(s) charged with managing the community garden must contact the Department of Code Enforcement and provide the following information: 1. Commonly known address of the location or Proposed location of the community garden; 2. Name of the individual(s) and /or non -Profit organization(s) who will manage the community garden and see that it will be maintained, 3. Map of the pareel(s) of land showing the setback lines Proposed area an d Proposed size of the compost area. Upon approval by the Director of the Department of Code Enforcement or his/her designee the compost area may be developed subject to all other provisions set forth in this Article See. 14 -118. Compost Containers. (a) Composting may be conducted within a covered or uncovered container, enclosed on all vertical sides. Containers shall be of a durable material and shall be constructed and maintained in a structurally sound manner. Wood used in the construction of a compost container shall be free of rot. (b) Compost containers include bins composters and compost digesters (c) The pile method or having uncontained e� materials for composting is not permitted 4 See. 14 -119. Materials Permitted and Not Permitted to be Composted (a) Only organic materials such as prass clippings leaves spent flowers weeds; as well as sawdust, wood ash, plant trimmings straw, fruit and vegetable peels egg shells lettuce leaves and trimmings from kitchen scraps coffee grounds tea leaves/bags and other raw non greasy food wastes may be placed in any compost container. (b) None of the following materials shall be placed in any compost container: meat bones oils, fish, dairy products, any greasy kitchen wastes bread plastics synthetic fibers human or net wastes, cat litter, treated or painted wood and diseased plants.' Regulations prohibiting the pile method are consistent with the U.S. Environmental Protection Agency (EPA) publication entitled GreenScapcs U.S. EPA Sustainable Landscapes publication entitled "Backyard Composting — It's Only Natural ", October 2009, EPA530 -F -09 -026, a copy of which is on file in the Office of the City Clerk. 5 These regulations are consistent with the Indiana Department of Environmental Management (IDEM)'s Fact Sheet on "Backyard Composting ", August 2013, and Purdue University Cooperative Extension's Home & Environment Residential Composting Regulations Ordinance Page 4 Sec. 14 -120. Maintenance Required. Compost materials shall be layered aerated moistened turned and managed to Promote effective decomposition of the materials in a safe secure and sanitary manner. Compost materials shall be covered with a laver of material such as leaves straw, wood chins or finished compost to reduce odors. All compost containers shall be maintained so that they are in compliance with Section 14 118. Sec. 14 -121 Educational Materials and Postings. The City of South Bend shall prominently post on their official municipal website educational information on composting. Additional information may also be made available through the Department of Code Enforcement and other City offices .6 Sec. 14 -121. Penalties for Non - Compliance. (a) Any Person violating any of the regulations set forth in this Article shall be subject to a fine of twenty -five dollars ($25.00) for a first offense; fifty dollars 650.00) for a second offense; and not less than two hundred fifty dollars ($250.00) for all subsequent violations Each day shall constitute a distinct and separate offense All such fines shall be paid to the Ordinance Violations Bureau. (b) The Department of Code Enforcement shall be charged with enforcing the provisions of this Article and shall have the additional authority to abate any nuisance created and caused by the violation of this Article consistent with the Provisions in Chapter 16 Article 8 of the South Bend Municipal Code entitled Nuisances; Penalty. Section II. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section I11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, an legal publication. JL Valerie Schey, 3rd District Coun it ember publication written by Jason P. deKoff, Brad D. Lee, and Michael V. Mickelbart entitled "Household Composting: Methods and Uses for Compost', November 2007, copies of which is on file in the Office of the City Clerk. a The Indiana Department of Environmental Management (IDEM) published a'Backyard Composting Fact Sheet' which may be accessed at htti)://www.rccVcle.IN.eov/. Residential Composting Regulations Ordinance Page 5 Office of the City Clerk eekwleelby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the I day of . 2l`�,w —_ 2015, at q % 3� o'clock q . m. Janicalboom, Deputy Clerk rerFdan�ll�.t��l by me on the � day of , 2015, at S o'clock m. t st READING Z —"�— 1 PUBLIC HEARING 2L -LY(f a.J ��'�"� 3 rd READING J,- L 3 l j J. I` NOT APPROVW REFERRED PASSED 1�L3 -( f— �f 5�-j� ' Pete I] gteg, M City of South Bend, Indiana Filed - �flice -Cw 23 ZM CITY C9 EKE ,, ,' f -END, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 05 -15 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ADDRESSING RESIDENTIAL COMPOSTING REGULATIONS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted by adding a website in the statement of purpose and intent, adding more definitions to Sec. 14 -116 (d), Sec. 14 -118 (c) replacing exposed with the word uncontained, Sec. 14- 119(b) taking the word bread out. This bill was heard by the Health & Public Safety and Residential Neighborhood Committees. Karen L. White Chairperson, Committee of the Whole ef?ycrx e�: Y INt Common Council City of South Bend Indiana 41h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9321 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDt) February 23, 2015 Members of the Common Council 4`h Floor County -City Building South Bend, Indiana 46601 Re: Residential Composting Regulations Dear Council Members: The attached Substitute Bill clarifies language set forth in the proposed composting ordinance. We have highlighted the changes in blue for easy referencing purposes. The Law Department and the Code Enforcement Department, as well as the Council Attorney have reviewed the proposed amendatory language and find it to be acceptable. We seek you support. Thank you. Y, ' Ij Schey let Council Member Member cc: Randy Wilkerson, Department of Code Enforcement Interim Director Tasha Reed Outlaw, Assistant City Attorney Office of the City Clerk