(A) On-site facilities.
(1) Fill activity must comply with all applicable federal, state and local laws ordinances, rules and regulations, including, but not limited to, zoning restrictions, flood plain restrictions, wetland restrictions, mining restrictions and sedimentation and erosion control regulations.
(2) Any on-site LCID landfill must obtain a permit from and comply with the standards of Davie County and the State of North Carolina.
(3) Fill activity is prohibited in the 100-year floodplain and any wetland as defined in the Clean Water Act, § 404(b).
(4) Fill activity is prohibited within a drainage way unless the drainage is piped in accordance with approved plans.
(5) Fill activity is prohibited within any utility easement.
(6) The owner of a landfill for the on-site disposal of land clearing and inert debris shall file a certified copy of a record plat of the property on which the landfill is located in the Davie County Register of Deeds' Office. This record plat shall accurately show the location of the landfill and the record owner of the land on which the landfill is situated.
(7) Driveway access to the facility must be paved and must directly connect to a major or minor arterial, collector street or a minor non-residential street.
(8) All unpaved areas shall be maintained in a manner which prevents dust from leaving the property.
(9) Any such landfill must be closed in an approved fashion within six months of completion of construction or within twelve months of cessation of construction, if the development project has not been completed.
(10) The location of any such landfill must be indicated on the preliminary subdivision plan and the final subdivision plat. Further, any parcel or lot which contains any part of any such landfill must have notification of the existence and extent of the landfill recorded as part of the deed for the lot or parcel.
(11) No portion of any such landfill may be located within 200 feet of any property line which constitutes the external boundary of the project. This includes structures, equipment storage, parking areas and fill areas, except that access drives may cross this area.
(12) A Type A buffer shall be provided at the exterior property lines and drive of the LCID site. Buffer requirements may be adjusted as necessary to ensure adequate protection of public health and the environment.
(13) The approved Land Clearing and Inert Debris Landfill permit or notification form issued by the North Carolina Department of Environment Natural Resources, Division of Solid Waste Management shall be presented prior to the commencement of fill activity.
(B) Off-site facilities (not located on active development sites).
(1) Fill activity must comply with all applicable Federal, State and Local Laws ordinances, rules and regulations, including, but not limited to, zoning restrictions, flood plain restrictions, wetland restrictions, mining restrictions and sedimentation and erosion control regulations. (NCAC 15A.13B .0560-.0566)
(2) Fill activity is prohibited in the 100-year floodplain and any wetland as defined in the Clean Water Act, § 404(b).
(3) Fill activity is prohibited within a drainage way unless the drainage is piped in accordance with approved plans.
(4) Fill activity is prohibited within any utility easement
(5) The owner of a landfill for the on-site disposal of land clearing and inert debris shall file a certified copy of a record plat of the property on which the landfill is located in the County Register of Deeds' Office. This record plat shall accurately show the location of the landfill and the record owner of the land on which the landfill is situated.
(6) Any facility which would operate for more than 24 months from the time that activity begins shall not be permitted.
(7) No portion of any such landfill may be located within 200 feet of any exterior property line. This includes structures, equipment storage, parking areas and fill areas; access drives may cross this area but may not be placed laterally through this area.
(8) The actual fill area must be located at least 300 feet from any existing residential structure and at least 300 feet from any existing or former off-site LCID or demolition landfill.
(9) Driveway access to the facility must be paved and must directly connect to a major or minor arterial, collector street or minor non-residential street.
(10) All unpaved areas shall be maintained in a manner which prevents dust from leaving the property.
(11) Vehicular and pedestrian access to the site shall be controlled; the site must be closed and secured during hours when filling activities are not under way.
(12) Use of the site for any purpose is limited to the hours of 7:00 a.m. until 6:00 p.m. Monday through Saturday, if the site adjoins or is across the street from property located in a residential District.
(13) No filling of any kind is allowed in a regulated flood plain or floodway fringe.
(14) A Type A buffer shall be provided at exterior property lines of the LCID site. Buffer requirements may be adjusted as necessary to ensure adequate protection of public health and the environment.
(15) The landfill operator shall be responsible for removal of any and all debris, dirt or other materials which fall from trucks entering or leaving the landfill from all adjoining streets on at least a weekly basis. Failure to comply constitutes a violation of this article and may constitute grounds for revocation of the operating permit.
(16) All driveways which serve the site must be wide enough to accommodate two-way traffic at all times and an area on the site must be provided to accommodate vehicles entering the site so that no traffic waiting to enter the site will be backed up on any public right-of-way.
(17) A surety bond or irrevocable letter of credit in an amount to be determined by the Town Manager, in consultation with the consulting engineer, must be provided to ensure that any active landfill area will be closed in an approved fashion. The amount of the bond will be based upon the maximum acreage expected to be in use at any given time. No more than 25% of the total area to be filled may be actively used at any one time.
(18) A reclamation plan shall be provided to show how the site will be reclaimed upon the closing of the LCID landfill.
(19) The approved Land Clearing and Inert Debris Landfill permit or notification form issued by the North Carolina Department of Environment and Natural Resources, Division of Solid Waste Management shall be presented prior to the commencement of fill activity.
(2003 Code, § 8-3.8.40) (Updated 2009) (Amended 3-5-2024)