Commissioners spent time compiling a list of conditions for approval noting that the conditions need to be clearly set forth and not to expect the applicant to do anything that is not clearly spelt out as an approval condition.

The conditions that the board came up with were to be worked into a decision produced by the zoning administrator. Those conditions are as follows.

  1. Cory Pfab, Pfabco LLC, and any future designated agent, administrator, representative, or executor of Pfabco LLC property holdings (henceforth referred to as ‘applicant(s)’), must adhere to all Local, State and Federal laws and regulations which pertain to the installation, construction, maintenance, access, use, safety and security of the storage tanks, associated mechanical features, and property located on Lot 2 of Lynch Industrial Subdivision.
  2. Once the three on-site 30,000 gallon storage tanks are filled, only the applicant(s) may use anhydrous ammonia stored on-site. Only the applicant(s) or designated employees of the applicant(s) may fill accessory tanks used to facilitate the application of anhydrous ammonia. No sale of anhydrous ammonia to third parties shall occur.
  3. The applicant(s) must maintain and keep in place the 8' high chain linked fence around the baffle and pump areas. The fence must continue to be locked when not in use and follow the regulations of the Iowa Department of Agriculture and Land Stewardship.
  4. The applicant(s) must maintain and keep in place the cement bollards (called “pilasters” in previous Conditions of Approval) that are 10 inch H Beams with 1/2 inch flanged or 10 inch Steel Case Concrete Bollards that are 5' above ground, 5' below ground and 5' from the existing and proposed tanks, spaced in 5' intervals around the tanks for crash protection, in accordance with regulations of the Iowa Department of Agriculture and Land Stewardship. Unless mandated by IDALS, bollards shall not be required in the space between adjacent tanks if the bollards are spaced in such a way that vehicles cannot maneuver between bollards or the adjacent tanks.
  5. The applicant(s) must maintain and keep in place a minimum of (2) two operational lights around each tank: (1) one light at the front of the tank, and (1) one light at the rear of the tank (6 total lights, 2 for each tank). Lights must project directly onto the tanks, and they must be on from sunset to sunrise.
  6. The applicant(s) must maintain and keep in place an operational security camera over the pumping area.
  7. The applicant(s) must maintain and keep in place emergency contacts which includes names, phone numbers and addresses. The list of emergency contacts must be clearly visible and posted by the road side at the site entrance located on Bernard Road. The bottom of the sign must be posted 4 feet above the ground and the vegetation must be maintained around the sign so that it is clearly visible. A second sign with the same information must be clearly visible and posted at the pump area.
  8. The applicant(s) must maintain and keep in place a lock box to cover up the valves, plumbing and hoses so they cannot be accessed at night. All manual valves must be locked and/or chained when not in use.
  9. In combination, a maximum of ten (10) empty anhydrous trailers may be parked or stored onsite. Examples of allowed trailers include but are not limited to: gooseneck wagons or trailers, nurse tank trailers, or MC331 tanker trailers. Any vehicles or trailers stored onsite must be related to anhydrous ammonia transport or storage, and must be properly licensed, registered, placarded, and otherwise legally operable as required by Iowa Department of