Section 12A-71 Stockpiles of soil.

(a) A single stockpile of soil shall not exceed forty (40) feet in height or three (3) acres in area.

(b) The maximum allowed height of a stockpile of soil is determined by the minimum distance from each of the categories in the following chart:

Stockpile Height	Minimum Distance from a Permitted Structure	Minimum Distance from an “Exterior”* Public Right-of-Way	Minimum Distance from an “Exterior”* Lot Line	Minimum Distance from Stream Buffer Outer Zone of Type I and II Streams
>30 feet - 40 feet	300 feet	200 feet	100 feet	100 feet
>20 feet <30 feet	300 feet	150 feet	100 feet	100 feet
>10 feet <20 feet	100 feet	100 feet	100 feet	100 feet
0 feet <10 feet	10 feet	10 feet	10 feet	10 feet

*”Exterior” refers to the perimeter of the subdivision or development. The minimum distances in the chart do not apply to the internal roads and lot lines within a subdivision or development.

(d) Stockpiles of soil are not permitted in a stream buffer.

(e) Stockpiles of soil shall be temporarily seeded in accordance with the Erosion and Sediment Control Manual issued by the director. The working face of the stockpile, however, need not be seeded.

(f) Stockpiles of soil that meet the requirements of this section may remain in place for up to three (3) years after issuance of a land disturbance permit. For good cause, the director may extend this time limit for intervals of up to three (3) years. At least sixty (60) days before the time limit expires, the applicant for such an extension must submit a letter to the director explaining the reason for the requested extension. The letter must be accompanied by a list of the names and addresses of the owners of all land within lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the property on which the stockpile is located. The applicant shall send a copy of the letter to each of the property owners. If the director grants an extension, the director shall notify each of the property owners of the decision and advise the property owners of their right to appeal the decision to the Board of Adjustment under article VI.

(g) When the time limit for a stockpile of soil has expired, and no extension has been granted, the property owner must either remove the stockpile or grade it to a slope of no greater than a 4:1 ratio and permanently seed it in accordance with the Erosion and Sediment Control Manual issued by the director.

(h) Subsections (a) through (e) shall not apply to stockpiles of soil existing on November 1, 2010; provided that all such stockpiles must be removed no later than November 1, 2013 unless an extension is granted under subsection (f).

(i) This section shall not apply to soil stockpiled in connection with any street construction project.

(Ord. No. 20802, § 1, 12-6-10)

(Ord. 20802, Amended, 12/06/2010, Prior Text)