§ 25-8-342 — FILL REQUIREMENTS

§ 25-8-342 - FILL REQUIREMENTS.

(A) Fill on a tract of land may not exceed four feet of depth, except: (1) in an urban watershed; (2) in a roadway right-of-way or rail line right-of-way; (3) under a foundation with sides perpendicular to the ground, or with pier and beam construction; (4) for construction of a water quality control or detention facility and appurtenances for conveyance such as swales, drainage ditches, and diversion berms, if: (a) the design and location of the facility within the site minimize the amount of fill over four feet; (b) the fill is the minimum necessary for the appropriate functioning of the facility; and (c) the fill is not located on a slope with a gradient of more than 15 percent or within 100 feet of a classified waterway; (5) for utility construction or a wastewater drain field; (6) in a state-permitted sanitary landfill located in the extraterritorial jurisdiction, if: (a) the fill is derived from the landfill operation; (b) the fill is not placed in a critical water quality zone or a 100-year floodplain; (c) the landfill operation has an erosion and restoration plan approved by the City; and (d) all other applicable City Code provisions are met; or (7) for fill associated with construction of a multi-use trail, if: (a) the fill is not located on a slope with a gradient of more than 15 percent or within 100 feet of a classified waterway; (b) the fill is limited to no more than eight feet in depth; (c) the fill is located in a public right-of-way or public easement; and (d) the trail is designed in accordance with the Environmental Criteria Manual. (8) for construction of a street or driveway necessary to provide primary access if: (a) the construction complies with Division 3 (Construction on Slopes) of this article; (b) the fill is not within a critical water quality zone; (c) the fill is limited to no more than eight feet in depth; (d) the fill over four feet is the minimum amount necessary to comply with safety access requirements and the horizontal and vertical curve requirements of the Transportation Criteria Manual; and (e) there is no other feasible alternative for the street or driveway location. (B) A fill area must be restored and stabilized. (C) Fill for a roadway must be contained within the roadway clearing width described in Section 25-8-322 (Clearing for a Roadway).

Source: Subsections 13-7-16(a), (b), (c), and (e); Ord. 990225-70; Ord. 031211-11; Ord. No. 20170615-102, Pt. 21, 6-15-17; Ord. No. 20211202-056, Pt. 3, 12-13-21; Ord. No. 20220519-094, Pt. 9, 5-30-22; Ord. No. 20221027-045, Pt. 30, 11-7-22.