§ 54-184. Waste materials management.

(a)

Inert waste materials may be buried on a site after a valid building permit for such site has been obtained and posted and provided that such disposal is in conformance with federal, state, and local laws and regulations. Inert waste materials, which have not been properly buried or disposed of, will be deemed as litter. On-site containment of downed trees and other vegetative growth shall be permitted on residentially-zoned lots exceeding one acre in size and in the Estates zoned areas and only for vegetative growth which has been cut, cleared or removed on the same property of the permitted construction, providing all of the following conditions are met:

(1)

A valid building permit for construction of a single-family residence on the applicable lot has been obtained and is posted before removal and containment of such growth; and

(2)

The site plan shall identify the location of the containment area; and

(3)

The containment area is subject to the following restrictions:

a.

The downed trees and vegetative growth are placed into an excavated earthen depression which does not exceed three feet in depth from the surrounding natural elevation and does not cover a horizontal surface area greater than 10,000 square feet; and

b.

All such excavated earthen depressions containing downed trees and vegetative growth shall not be closer than 15 feet from the side and rear property lines or within a public or private easement or right-of-way; and

c.

The nearest point of such excavated earthen depression for containment of on-site downed trees and vegetative growth shall not be closer than 75 feet to any structure, 100 feet from private and/or potable wells, and no closer than 100 feet to any public or private right-of-way; and

d.

All downed trees and vegetative growth contained in such excavated earthen depression shall be so contained to prevent the protrusion of any such growth more than 24 inches above the surrounding natural elevation including earthen cover; and

e.

All cleared vegetation four inches and less in diameter shall either be chipped/shredded, or removed from the site. No chipped or shredded material shall be placed in the containment area. Stumps, root balls, tree trunks and other cleared vegetation four inches and larger in diameter may be placed in containment areas; and

(4)

No excavated material shall be removed from the site.

(5)

Failure to either remove downed trees or downed vegetative growth from residentially-zoned lots exceeding one acre in size, or estates zoned properties, or to properly contain such material as required by this article, shall result in such downed trees and/or downed vegetative growth being classified as litter and thereby subject to property owner, agent, and/or other responsible parties to any and all penalties provided under this article; and

(6)

Clearing within wetlands will require a department of environmental protection permit.

(Ord. No. 2005-44, § 10)