No person shall deposit on any parcel more than
50 cubic yards of fill or other materials for sale or resale, except
in connection with a public work on the property, without a permit
to be granted by the Director of Planning and Development or his/her
designee. The Board of Public Works shall not be required to obtain
a permit pursuant to this chapter for the deposit of fill or other
materials for sale or resale but shall ensure that, in connection
with every project of the Department of Public Works in which more
than 50 cubic yards of fill or other materials are deposited for sale
or resale, the project is designed and carried out in a manner which
promotes and protects the objectives and policies behind this chapter.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
In applying for such permit, the applicant shall
submit to the Director of Planning and Development or designee a plan
of the proposed stockpiling for sale or resale showing the owner’s
full name and address, the actual property lines of the parcel and
the location on the parcel where the material will be deposited and
stored, the adjacent public ways and abutting properties, the amount
of material to be stored, the projected duration of the storage of
such material, procedures to prevent blowing or dispersal of the material
or the material otherwise being transported off the site by wind or
water and such other information as the Director of Planning and Development
or his/her designee may reasonably require to adequately review the
proposed project. Where application is made by a person other than
the owner of the parcel, the application shall be accompanied by an
affidavit of the owner that the proposed project is authorized by
the owner and that the applicant is authorized to make such application.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
The Director of Planning and Development or
his/her designee shall grant a permit for stockpiling for sale or
resale, provided that the plan of the proposed project complies with
all the provisions of this chapter and demonstrates that the parcel
and the surrounding properties will be protected from significant
adverse consequences of such stockpiling. The Director of Planning
and Development or his/her designee may impose such conditions on
the applicant as the Director of Planning and Development or his/her
designee deems necessary to protect the general welfare of the community,
which may include a time limit upon operations and standards for performance,
such as rapid stabilization of the soil by seeding or other means
at any stage during the project and a requirement that a performance
bond in an amount to be determined by the Director of Planning and
Development or his/her designee be posted to insure compliance with
the requirements of this chapter and with any other further reasonable
provisions imposed by the Director of Planning and Development or
his/her designee.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
This article shall not apply to the deposit
of fill or other materials for sale or resale where the fill or materials
will be stored within a building.
