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Agenda Item
17. 20-455 ZTA201900007 Fill Areas and Waste Areas. ZTA 201900007 Fill Areas and Waste Areas. A proposed ordinance to amend the Albemarle County Code to define types of fill activity and establish regulations for the placement of fill. Among other revisions, the proposed ordinance would: Amend § 7-103 by excluding the application, storage, or disposal of certain material from the definition of "agricultural activity"; Amend § 18-3.1 to modify and expand the existing regulations for fill and waste areas by defining two types of fill: clean earth fill and inert waste fill; Amend § 18-4.2.3 to prohibit the placement of clean earth fill or inert waste fill on critical or preserved slopes except as otherwise permitted; Amend § 18-4.3.1 to permit inert waste fill and clean earth fill in all zoning districts; Add § 18-5.1.28(a)(10) to prohibit fill activity within the drip line of any tree; Add § 18-5.1.28(a)(12) to permit tree cutting by-right for fill activity; Add § 18-5.1.28(a)(15) to require a tree canopy be re-established in zoning districts other than the Rural Areas (RA), Village Residential (VR), or Monticello Historic (MHD) districts; Amend § 18-5.1.28(b) to subject all fill activity of 2,500 square feet or greater to regulations, including: setbacks, maximum fill height, hours of operation, access standards, prohibition of placement of fill on critical slopes or hydric soils, a minimum lot size for fill activity of 5 acres, and a maximum fill area of 2 acres; Amend § 18-5.1.28(c) to require a variation or special exception for inert waste fill activity in the RA, VR, or MHD zoning districts; Amend § 18-5.1.28(d) to allow the Board of Supervisors to modify regulations and to permit the placement of inert waste fill in the RA, VR, or MHD zoning districts by special exception; and Amend § 18-31.5 to include clean earth fill activity and inert waste fill as activity requiring a zoning clearance.