(a) Purpose and intent. The city recognizes the need to create temporary stockpiles of construction materials left in the open (dirt, sand, gravel, concrete, bricks, construction materials and the like) during public and private construction projects. The provisions of this section are intended to facilitate construction while minimizing the negative impacts of temporary stockpiles. Specifically, the standards are intended to:
(1) Allow temporary stockpiles in appropriate locations and for that period of time during which it remains in active use, not to exceed the duration permitted in subsection (f) below;
(2) Reduce the negative aesthetic impacts of temporary stockpiles;
(3) Limit blowing dust, dirt and sand; and
(4) Control erosion.
(b) Where allowed.
(1) On-site. Temporary stockpiles in support of an ongoing construction project are allowed in any location subject to applicable city code standards.
(2) Off-site. Temporary stockpiles are allowed off site subject to applicable city code standards.
(3) Shore Area Zones.
(A) All stockpiles projects are prohibited in the Shore Area Zones, as defined in Table 1, § 19.87.03 of the city code, without a shore area permit issued by the city and/or City Council action.
(4) National pollutant discharge elimination system (NPDES) permits and erosion control.
(A) Projects with a required NPDES permit are subject to applicable city code requirement or the NPDES permit, whichever is more restrictive.
(B) Temporary stockpiles must have silt fence or other effective sediment controls, and cannot be placed in surface waters, including storm water conveyances such as curb and gutter systems, or conduits and ditches unless there is a bypass in place for the storm water.
(C) Temporary stockpiles must have temporary erosion protection or permanent cover for exposed soil areas year round. The maximum time a temporary stockpile area can remain open is seven days when it is not actively being worked.
(c) Approval. The issuance of a grading permit or building permit by the City Building and Inspections Manager is required prior to the temporary stockpiling of construction materials (dirt, sand, gravel, concrete, bricks, construction materials and the like) for public and private construction projects.
(d) Exception to requirements. City, county or State Department of Transportation roadway and utility construction and maintenance projects, and maintenance projects on city owned property do not require a grading or building permit for the temporary stockpiling of materials.
(e) Height, area, slope and setback.
(1) Height; single temporary stockpile. A single temporary stockpile of material must not exceed 40 feet in height or three acres in area.
(2) Maximum allowed height. The maximum allowed height of a temporary stockpile of material is determined by the minimum distance from each of the categories in the following chart:
Minimum Distance from a Permitted Structure Issued a Certificate of Occupancy
Minimum Distance from an “Exterior” Public Right-of-Way
Minimum Distance from an “Exterior” Lot Line
30 feet—40 feet
20 feet—up to 30 feet
10 feet—up to 20 feet
Less than 10 feet
(i) “Exterior” refers to the perimeter of the development area.
(ii) “Distance” is where measured from the bottom of the stockpile.
(iii) The minimum distances do not apply to the internal roads and lot lines within a development.
(B) Temporary stockpile limit exception.
(i) Properties unable to meet the standards for the temporary stockpiling of material may submit a request for an exemption in writing to the City Building and Inspections Manager, who will make a determination whether an exemption will be granted. All requests must contain the claimed basis for the exemption; the anticipated height; distance(s) from permitted structures, exterior public right-of-way, and/or exterior lot line, as applies; and duration for the temporary stockpile to be in place. Prior to stockpiling, an exemption must first be obtained from the City Building and Inspections Manager.
(3) Slope ratio. The slope of temporary stockpile must be less than the angle of repose to prevent sloughing or sliding.
(f) Duration and extension.
(1) Duration. A temporary stockpile that meets requirements of this section may remain in place while a building and/or grading permit is in effect on a site. When the building or grading permits are no longer in effect, and prior to issuance of the first temporary or permanent certificate of occupancy, all temporary stockpiles must be removed or stabilized pursuant to this section of the city code.
(A) Commencement of work. A construction project is considered to commence when the first exterior evidence of the project is visible (for example, delivery of materials or removal of soil cover).
(B) Expiration. The building and/or grading permit will expire if any of the following occur:
(i) On a single-family or two-family residential site:
(aa) If work has not commenced within 180 days after the issuance of building and/or grading permit;
(bb) If work commenced within 180 days after the issuance of building and/or grading permit, but has since stopped where no significant work has been conducted for more than 180 days, to include suspended or abandoned work; or
(cc) If work is not completed within one year from the commencement of work.
(ii) On a multi-family or commercial or industrial site:
(aa) If work has not commenced within 180 days after the issuance of a building and/or grading permit; or
(bb) If work commenced within 180 days after the issuance of building and/or grading permit, but has since stopped where no significant work has been conducted for more than 180 days, to include suspended or abandoned work.
(2) Extension. In the case of demonstrated hardship due to sources beyond the control of the property owner (including, but not limited to, extreme weather conditions; reasonably unforeseen material, equipment or labor shortages; vandalism; or theft), the City Building and Inspections Manager may extend the time limit of the building and/or grading permit for intervals up to 180 days. Before the time limit expires the applicant for such an extension must submit a letter to the City Building and Inspections Manager explaining the reason for the requested extension, demonstrating justifiable cause for continuation of the temporary stockpile(s).
(g) Stabilization and erosion control. Prior to the expiration of a building and/or grading permit, if no extension has been granted, the property owner must either remove the temporary stockpile or grade it to a slope of no greater than a four to one ratio and permanently stabilize it in accordance with the city’s Comprehensive Surface Water Management Plan, and as approved by the City Engineer. Crusted concrete or concrete washout is not permitted as a stabilization technique.
(1958 Code, § 60.23) (Added by Ord. 133, passed 4-17-1958; Ord. 190, passed 9-16-1952; Ord. 195, passed 11-25-1952; Ord. 97, passed 12-17-1956; Ord. 107, passed 5-20-1957; Ord. 109, passed 5-20-1957; deleted by Ord. 2009-2, passed 2-2-2009; added by Ord. 2012-2, passed 1-23-2012)