[Ord. No. 1803, 7-7-1981]
For the purposes of this Chapter the following definitions shall
apply:
APPROVAL
Shall mean a written engineering or geological opinion concerning
the progress and completion of the work.
AS-BUILT
Is the surface conditions existing on completion of earthwork.
BENCH
Is a relatively level step excavated into earth material.
BORROW
Is earth material acquired from an off-site location for
use in earthwork on a site.
CIVIL ENGINEER
Shall mean a professional engineer registered in this state
to practice in the field of civil works.
CIVIL ENGINEERING
Shall mean the application of the knowledge of the forces
of nature, principles of mechanics and the properties of materials
to the evaluation, design and construction of civil works.
COMPACTION
Is the densification of a fill by mechanical means.
CONTOUR
Shall mean the vertical location of the ground surface.
EARTH MATERIAL
Is any rock, natural soil or fill and/or any combination
thereof.
EARTHWORK
Shall mean an excavation, grading, filling or any other alteration
of the contour, topography or natural cover of land.
ENGINEERING GEOLOGIST
Shall mean a geologist experienced and knowledgeable in engineering
geology. Engineering Geology shall mean the application of geologic
knowledge and principles in the investigation and evaluation of naturally
occurring rock and soil for use in the design of civil works.
EROSION
Is the wearing away of the ground surface as a result of
the movement of wind, water and/or ice.
EXCAVATION
Is the mechanical removal of earth material.
FILL
Is a deposit of earth material placed by artificial means.
FINISH CONTOUR
Is the final contour and condition of the site which conforms
to the approved plan.
GRADING
Is any excavating or filling or combination thereof.
KEY
Is a designed compacted fill placed in a trench excavated
in earth material beneath the toe of a proposed fill slope.
ROUGH CONTOUR
Is the stage at which the earthwork approximately conforms
to the approved plan.
SITE
Is any lot or parcel of land or contiguous combination thereof,
under the same ownership, where earthwork is performed or permitted.
SLOPE
Is an inclined ground surface the inclination of which is
expressed as a ratio of horizontal distance to vertical distance.
SOIL
Is naturally occurring surface deposits overlying bed rock.
SOIL ENGINEER
Shall mean a civil engineer experienced and knowledgeable
in the practice of soil engineering.
SOIL ENGINEERING
Shall mean the application of the principle soil mechanics
in the investigation, evaluation and design of civil works involving
the use of earth materials and the inspection and testing of the construction
thereof.
TERRACE
Is a relatively level step constructed in the face of a slope
surface for drainage and maintenance purposes.
[Ord. No. 1803, 7-7-1981]
1. No
person shall do any earthwork without first obtaining an earthwork
permit. A separate permit shall be required for each site.
2. An
earthwork permit shall not be required for the following:
a. Removal
of natural vegetation in an area of less than 250 square feet when
there is no change of contour.
b. An
excavation below finish contour for basements and footings of a building,
retaining wall or other structure authorized by a valid building permit.
This shall not exempt any fill made with the material from such excavation
nor exempt any excavation having an unsupported height greater than
5 feet after the completion of such structure.
d. Refuse
disposal sites controlled by other regulations.
e. Excavations
for wells, tunnels or utilities.
f. Mining,
quarrying, excavating, processing, stockpiling of rock, sand, gravel,
aggregate or clay where established and provided for by law, provided
such operations do not affect the lateral support or increase the
stresses in or pressure upon any adjacent or contiguous property.
g. Exploratory
excavations under the direction of soil engineers or engineering geologists.
h. An
excavation which is less than 2 feet in depth, or which does not create
a cut slope greater than 5 feet in height and steeper than one and
one-half horizontal to one vertical.
i. A
fill less than 1 foot in depth, and placed on natural terrain with
a slope flatter than five horizontal to one vertical, or less than
3 feet in depth, not intended to support structures, which does not
exceed 50 cubic yards on any one lot and does not obstruct a drainage
course.
j. Agricultural
areas including, but not limited to, orchards, farms and vegetable
or flower gardens where there is no change of contour.
k. Erodible
ground surface in an area surrounded by sufficient undisturbed ground
to prevent silt from reaching public streets, storm drains, streams
or the Lake. Exemption of the area from the Code under this subsection
must be approved by the Building Official.
l. Earthwork
in an isolated, self contained area if there is no danger apparent
to private or public property. Exception of areas from the Code under
this subsection must be approved by the Building official.
[Ord. No. 1803, 7-7-1981; Ord. No. 1807, 9-15-1981; Ord. No. 1830, 6-8-1982; Ord. No. 2135, Amended, 10-1-1996]
1. An
application for an earthwork permit shall be accompanied by two sets
of earthwork plans drawn to scale upon substantial paper and of sufficient
clarity to indicate the nature and extent of the work proposed. The
earthwork plans shall show in detail that they will conform to the
provisions of this chapter and all relevant laws, ordinances, rules
and regulations. The first sheet of each set of plans shall give the
location of the work, the name and address of the owner and the person
by whom they were prepared.
2. The
earthwork plans shall include the following information:
a. General
vicinity of the proposed site.
b. A
stamped topographical survey showing property limits and accurate
contours of existing ground and details of terrain and area drainage.
c. Limiting
dimensions, elevations or finish contours to be achieved by the earthwork,
and proposed drainage channels and related construction.
d. Detailed
plans of all surface and subsurface drainage devices, walls, cribbing,
dams and other protective devices to be constructed with, or as a
part of, the proposed work together with a map showing the drainage
area and the estimated runoff of the area served by any drains.
e. Location
of any buildings or structures on the property where the work is to
be performed and the location of any buildings or structures on land
of adjacent owners which are within 15 feet of the property or which
may be affected by the proposed grading operations.
f. An Erosion Control Plan in compliance with LOC §§
52.04.010,
52.04.020 and
52.04.030, if erosion control is required pursuant to LOC Chapter
52. If an Erosion Control Plan is submitted and complied with in conjunction with an earthwork permit, a separate erosion control permit shall not be required.
g. If
the proposed earthwork involves more than five acres of land, an approved
NPDES permit.
3. Specifications
shall contain information covering construction and material requirements.
4. The
Building Official may require that earth work operators and project
designs be modified if delays occur which may incur weather generated
problems not considered at the time the permit was issued.
[Ord. No. 1803, 7-7-1981]
1. An
earthwork plan shall be accompanied by supporting data consisting
of a soil engineer report and engineering geology report and shall
be prepared by a civil engineer when:
a. The
application is for earthwork in excess of 5,000 cubic yards; or
b. The
Building Official or City Engineer has cause to believe that significant
erosion or geologic factors may be involved in the earthwork operation.
2. The soil engineering report required by subsection
(1) shall be prepared by a civil engineer and shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for earthwork procedures and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed earthwork.
3. The engineering geology report required by subsection
(1) shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed earthwork.
4. Recommendations
included in the soil engineering report and the engineering geology
report approved by the Building Official or City Engineer shall be
incorporated in the earthwork plans or specifications.
[Ord. No. 1803, 7-7-1981]
An application for an earthwork permit shall not be processed
in any manner until after payment of an application fee as established
pursuant to the City Council.
[Ord. No. 1803, 7-7-1981]
The Building Official shall require bonds in such form and amounts
as may be deemed necessary to assure that the work will be completed
in accordance with the approved plans and specifications, and will
not result in hazardous conditions.
In lieu of a surety bond the applicant may file a cash bond
or instrument of credit with the Building Official in an amount equal
to that which would be required in the surety bond.
[Ord. No. 1803, 7-7-1981]
1. Unless
otherwise recommended in the approved soil engineering and/or engineering
geology report, cuts shall conform to the provisions of this section.
2. The
slope of cut surfaces shall be no steeper than is safe for the intended
use.
3. Drainage and terracing shall be provided as required by LOC §
45.16.645.
[Ord. No. 1803, 7-7-1981]
1. Unless
otherwise recommended in the approved soil engineering report, fills
shall conform to the provisions of this section.
In the absence of an approved soil engineering report these
provisions may be waived for minor fills not intended to support structures.
2. Fill
slopes shall not be constructed on natural slopes steeper than two
to one.
3. The
ground surface shall be prepared to receive fill by removing vegetation,
noncomplying fill, topsoil and other unsuitable materials scarifying
to provide a bond with the new fill, and, where slopes are steeper
than five to one, and the height is greater than 5 feet, by benching
into sound bedrock or other competent material as determined by the
soils engineer. The bench under the toe of a fill on a slope steeper
than five to one shall be at least 10 feet wide. The area beyond the
toe of fill shall be sloped for sheet overflow or a paved drain shall
be provided. Where fill is to be placed over a cut, the bench under
the toe of fill shall be at least 10 feet wide but the cut must be
made before placing fill and approved by the soils engineer and engineering
geologist as a suitable foundation for fill. Unsuitable soil is soil
which, in the opinion of the Building official, the City Engineer,
the civil engineer, the soils engineer or the geologist, is not competent
to support other soil or fill, to support structures, or to satisfactorily
perform the other functions for which the soil is intended.
4. Detrimental
amounts of organic material shall not be permitted in fills. No rock
or similar irreducible material with a maximum dimension greater than
12 inches shall be buried or placed in fills, except that the Building
Official may permit placement of larger rock when the soils engineer
properly devises a method of placement, continuously inspects its
placement and approves the fill stability. When such exception is
granted the following conditions shall also apply:
a. Prior
to issuance of the earthwork permit, potential rock disposal areas
shall be delineated on the earthwork plan.
b. Rock
sizes greater than 12 inches in maximum dimension shall be 10 feet
or more below grade, measured vertically.
c. Rocks
shall be placed so as to assure filling of all voids with fines.
5. All
fills shall be compacted to a minimum of 90 percent of maximum density
as determined by U.B.C. Standard No. 70-1. Field density shall be
determined in accordance with U.B.C. Standard No. 70-2 or equivalent
as approved by the Building Official.
6. The
slope of fill surfaces shall be no steeper than is safe for the intended
use. Fill slopes shall be no steeper than two horizontal to one vertical.
7. Drainage and terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be graded and paved as required by LOC §
45.16.645.
[Ord. No. 1803, 7-7-1981]
1. The
setbacks and other restrictions specified by this section are minimum
and may be increased by the Building Official or by the recommendation
of a civil engineer, soils engineer or engineering geologist, if necessary
for safety and stability or to prevent damage of adjacent properties
from deposition or erosion or to provide access for slope maintenance
and drainage. Retaining walls may be used to reduce the required setbacks
when approved by the Building Official.
2. The
tops of cuts and toes of fill slopes shall be set back from the outer
boundaries of the permit area, including slope right areas and easements,
in accordance with Figure No. 1 and Table 1.
TABLE 1
Required Setbacks from Permit Area Boundary (In feet)
|
---|
|
SETBACKS
|
---|
H
|
a
|
b1
|
---|
Under 5
|
0
|
1
|
5 - 30
|
H/2
|
H/5
|
Over 30
|
15
|
6
|
Notes:
|
---|
1Additional width may be required
for interceptor drain.
|
3. Setbacks
between graded slopes (cut or fill) and structures shall be provided
in accordance with Figure No. 2 and Table 1.
[Ord. No. 1803, 7-7-1981; Ord. No. 2135, Amended, 10-1-1996]
1. Unless otherwise indicated on the approved earthwork plan, drainage facilities and terracing shall conform to the provisions of this section and an erosion control permit, if required by LOC Chapter
52.
2. Terraces
at least 6 feet in width shall be established at not more than 30-foot
vertical intervals on all cut or fill slopes to control surface drainage
and debris except that where only one terrace is required, it shall
be at mid-height. For cut or fill slopes greater than 60 feet and
up to 120 feet in vertical height one terrace at approximately mid-height
shall be 12 feet in width. Terrace widths and spacing for cut and
fill slopes greater than 120 feet in height shall be designed by the
civil engineer and approved by the City Engineer. Suitable access
shall be provided to permit proper cleaning and maintenance.
3. Cut
and fill slopes shall be provided with subsurface drainage as necessary
for stability.
4. All
drainage facilities including roof drains, gutters, and ground water
drains shall be designed to carry waters to:
a. The
nearest storm water facility, if one is available; or
b. An
engineered subsurface storm water disposal system, if no storm facility
is available. Erosion of ground in the area of discharge shall be
prevented by installation of non-erosive down-drains or other devices.
5. Building
pads shall have a drainage gradient of 2 percent toward approved drainage
facilities, unless waived by the Building Official except that the
gradient from the building pad may be one percent if all of the following
conditions exist throughout the permit area:
a. No
proposed fills are greater than 10 feet in maximum depth.
b. No
proposed finish cut or fill slope faces have a vertical height in
excess of 10 feet.
c. No
existing slope faces, which have a slope face steeper than 10 horizontally
to 1 vertically, have a vertical height in excess of 10 feet.
[Ord. No. 1803, 7-7-1981; Ord. No. 2135, Amended, 10-1-1996]
1. All earthwork shall be prepared and maintained to prevent and control erosion pursuant to an Erosion Control Plan in compliance with LOC Chapter
52.
2. The Building Official shall have concurrent jurisdiction with the City Engineer to enforce the requirement of LOC Chapter
52 and the Erosion Control Plan.
[Ord. No. 1803, 7-7-1981; Ord. No. 1830, 6-8-1982; Ord. No. 2135, Amended, 10-1-1996; Ord. No. 2890, Amended, 3-17-2022]
1. All
earthwork operations for which a permit is required shall be subject
to inspection by the Building Official. The Building Official may
require inspection and testing by an approved testing agency. The
testing agency’s responsibility shall include, but need not
be limited to, approval concerning the inspection of cleared areas
and ditches to receive fill and the compaction of fill.
2. When required by the Building Official, special inspection of earthwork operation and special testing shall be performed in accordance with the provisions of the Oregon State Structural Specialty Code and the Fire and Life Code enforced pursuant to LOC §
45.09.005.
3. Whenever
an application for an earthwork permit is accompanied by soil erosion
reports and soil geology reports, it shall be the responsibility of
the civil engineer who prepares the approved earthwork plan to incorporate
all recommendations from the soil engineering and engineering geology
reports into the earthwork plan. The civil engineer shall also be
responsible for the professional inspection and approval of the earthwork
within their area of technical specialty. This responsibility shall
include, but need not be limited to, inspection and approval as to
the establishment of line, grade and drainage of the development area.
The civil engineer shall act as the coordinating agent in the event
the need arises for liaison between the other professionals, the contractor,
and the Building Official. The engineer shall be responsible for revised
plans and the submission of as-built plans upon completion of the
work. The earthwork contractor shall submit in a form prescribed by
the Building Official a statement of compliance to said as-built plan.
During the earthwork all necessary reports, compaction data
and soil engineering and engineering geology recommendations shall
be submitted to the civil engineer and the Building Official by the
soil engineer and the engineering geologist.
The soil engineer’s area of responsibility shall include,
but need not be limited to, the professional inspection and approval
concerning the preparation of ground to receive fills, testing for
required compaction, stability of all finish slopes and the design
of buttress fills, where required, incorporating data supplied by
the engineering geologist.
The engineering geologist’s area of responsibility shall
include, but need not be limited to, professional inspection and approval
of the adequacy of natural ground for receiving fills and the stability
of cut slopes with respect to geological matters, and the need for
subdrains or other ground water drainage devices. Findings shall be
reported to the soil engineer and the civil engineer for engineering
analysis.
The Building Official shall inspect the project at the various
stages of work requiring approval and at any more frequent intervals
necessary to determine that adequate control is being exercised by
the professional consultants.
4. If,
in the course of fulfilling their responsibility under this chapter,
the civil engineer, the soil engineer, the engineering geologist or
the testing agency finds that the work is not being done in conformance
with this chapter or the approved earthwork plans, the discrepancies
shall be reported immediately in writing to the person in charge of
the earthwork and to the Building Official. Recommendations for corrective
measures, if necessary, shall be submitted.
5. If
the civil engineer, the soil engineer, the engineering geologist or
the testing agency of record are changed during the course of the
work, the work shall be stopped until the replacement has agreed to
accept the responsibility within the area of their technical competence
for approval upon completion of the work.
[Ord. No. 2446, Add, 2-7-2006]
No person shall excavate, create, cause, maintain or allow to
remain any open pit, excavation or trench having a depth of four feet
or greater, and having slopes of 1:1 or greater, unless the perimeter
of the pit, excavation or trench is surrounded by safety fencing not
less than four feet high, placed and maintained in a manner and location
approved by the Building Official. This section shall not apply to
trenches excavated by or for a provider of one or more of the following
utility services: water, sanitary sewer, surface water, natural gas,
electricity, cable television or telecommunications.
[Ord. No. 1803, 7-7-1981; Ord. No. 2135, Amended, 10-1-1996]
1. The
permittee or the permittee’s agent shall notify the Building
Official when the earthwork operation is ready for final inspection.
Final approval shall not be given until all work including installation
of all drainage facilities, any other underground utilities and their
protective devices and all erosion control measures have been completed
in accordance with the final approved earthwork plan and/or erosion
control permit and the required reports have been submitted.
2. Upon completion of the rough contour work and at the final completion of the work for projects required to file supplemental reports pursuant to LOC §
45.16.615 the Building Official may require the following reports, drawings and supplements thereto:
a. As-Built
Earthwork Plan prepared by the civil engineer, including original
ground surface elevations, as-built ground surface elevations, lot
drainage patterns, locations and elevations of all surface and subsurface
drainage facilities. The Building Official shall provide approval
that the work was done in accordance with the final approved earthwork
plan.
b. A
Soil Grading Report prepared by the soil engineer including locations
and elevations of field density tests, summaries of field and laboratory
tests and other substantiating data and comments on any changes made
during the earthwork and their effect on the recommendations made
in the soil engineering investigation report. The Building Official
shall provide approval as to the adequacy of the site for the intended
use.
c. A
Geologic Grading Report prepared by the engineering geologist including
a final description of the geology of the site, any new information
disclosed during the earthwork and the effect of same on recommendations
incorporated in the approved grading plan. The Building Official shall
provide approval as to the adequacy of the site for the intended use
as affected by geologic factors.
[Ord. No. 1803, 7-7-1981]
Dragging, dropping, tracking or otherwise placing or depositing
or permitting to be deposited mud, dirt, rock or other debris from
a building construction site or earthwork site upon a public street
is prohibited.
[Ord. No. 1803, 7-7-1981; Ord. No. 1830, 6-8-1982; Ord. No. 2135, Repealed, 10-1-1996]