Article 9.44 - Beneficial Landfills

.1 Prior to commencement of fill activity a change of use permit accompanied by a site plan shall be issued to ensure compliance with the standards found herein.

.2 Any such site may not be operated for more than 12 months, after which time it must be closed in an approved fashion according to Mecklenburg County Department of Environmental Protection standards.
.3 The site may be operated only between the hours of 8 a.m. and 6 p.m. Monday through Saturday.

.4 Final fill elevations must match or compliment adjacent surrounding topography. The final contours and drainage patterns of the fill area may not adversely affect adjacent properties.

.5 No fill which includes used asphalt may be placed in any portion of a regulatory flood plain, including both the floodway and floodway fringe area.

.6 No portion of any such site may be located within 30 feet of any exterior property lines. This includes structures, equipment storage, parking areas and fill areas. When required by other sections of this ordinance, buffer yards shall be used as required.

.7 Any beneficial landfill must obtain disposal site approval from the Mecklenburg County Environmental Protection Department and comply with the standards of the State of North Carolina.

.8 At the time of permitting the location of any such site must be indicated on any required final subdivision plat. Further, any parcel or lot which contains any part of any such site must have notification of the existence and extent of the site recorded at the time of permitting as part of the deed for the lot or parcel, even if no subdivision plan is required for the development of the property.

.9 Fill activity is not exempt from and must comply with, all other applicable Federal, State, and local laws, ordinances, rules and regulations, including, but not limited to, other zoning restrictions, flood plain restrictions, watershed regulations, wetland restrictions, mining regulations, sedimentation and erosion control regulations.

.10 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 or more frequently if needed. Failure to comply constitutes a violation of this ordinance and may constitute grounds for revocation of the operating permit.

.11 The individual operating the landfill and the property owner, if other, shall provide their name(s), mailing address, and phone number at the time of permitting.

.12 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.  The first 50 feet of any driveway access to the facility must be paved and must directly connect to a major or minor thoroughfare or to a Industrial or Retail/Mixed-Use Collector or Local Street local street.  Driveway permits from the appropriate agency must be issued.

.13 The actual fill area must be located at least 300 feet from any existing residential structure.

.14 Vehicular access to the site must be controlled; and must be closed and secured during hours when filling activities are not under way.

Beneficial fill sites less than one-fourth acre do not require a zoning permit or site approval and are exempt from this section, except for conditions (2), (3), (4), (5), (8), (9), and (10) above. In addition (7) is required, if it contains material such as concrete, concrete block, brick or used asphalt.

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