The purpose of this chapter is to eliminate environmental and property damage resulting from soil erosion due to construction, excavation, and other land disturbances.
(Ord. 141 § 1, 1995)
For purposes of this chapter, the following words have the following meanings:
means land disturbing activities or structural development, installation or expansion of a building or other structure.
means the movement of soil particles or other contaminants resulting from the flow of water or wind.
means a site specific plan containing a scale drawing of the site installation and proposed erosion control measures to be used during construction. Minimum erosion control measures may include, but are not limited to: silt fencing; plastic sheeting; loose straw or hay; straw or hay in bales or other forms; and erosion control landscaping, including approved grasses, turf or sod.
means real estate property.
(Ord. 141 § 2, 1995; Ord. 411 § 1, 2011)
A.
Visible or measurable erosion during construction is prohibited. Contaminants which enter, or are likely to enter the public storm and surface water system are prohibited. The owner of the property from which the erosion occurs, together with any person who actually causes such occurrence are in violation of this chapter.
B.
On any site where construction activity will disturb an area in excess of 500 square feet, approval of an erosion control plan and issuance of an erosion control permit are required. Installation of approved erosion control measures must be completed and approved by the city inspector prior to the commencement of any construction activity.
C.
On any site where construction activity may disturb an area of less than 500 square feet, the city may require an erosion control plan and permit if the city determines that it is likely that erosion will occur on the site as a result of the construction activity. All work on the site shall immediately cease following notice of the problem by the city until an erosion control permit is obtained and erosion control measures are installed and approved by the city inspector.
D.
Erosion control measures set forth in any approved erosion control plan shall be implemented and maintained on the site until final landscaping has provided sufficient erosion control. The city may allow for removal of erosion control measures at an earlier date if erosion control is assured by established landscaping.
E.
This chapter is not intended to regulate home gardening. When no erosion issues exist, the home garden is exempt from this chapter.
(Ord. 141 § 3, 1995)
Erosion control plans shall include a description of erosion control methods that are adequate to ensure that runoff, siltation and pollutants from the grading, site clearing or construction are contained on-site during the period of activity on the site or until the final landscaping is sufficiently established to control erosion. Each plan shall also contain a date by which approved erosion control measures will be installed. Prior to the issuance of any building or engineering permit, all erosion control measures shall have been installed and inspected by the building official or designee. For all uses, final erosion control measures shall, at a minimum, include necessary silt fencing, straw or hay baffles or similar erosion control measures. For single-family uses, final erosion control measures shall, at a minimum, include necessary silt fencing, straw or hay baffles or similar erosion control measures within side and rear yards, and front yard landscaping to include sod or lawn, or an approved alternate front yard landscape plan. An exception to these requirements may be granted per the provisions of Section 15.04.100(H) of this title and shall be enforceable through the mechanisms found within the Happy Valley Municipal Code.
(Ord. 141 § 4, 1995; Ord. 411 § 1, 2011; Ord. 545 § 1, 2019)
Fees to cover the cost of erosion control plan review, site inspections and permit will be set by city council resolution.
(Ord. 141 § 5, 1995)
An approved erosion control plan may be amended by the city if, prior to the establishment of final landscaping sufficient to control erosion, the city determines that the erosion control measures in the approved plan have not, in fact, controlled site erosion or runoff as intended. All work on the site shall cease pending approval of an amended erosion control plan and installation of approved erosion control measures. Such amended plan shall be provided by the permittee in writing and shall be implemented by the permittee or property owner.
(Ord. 141 § 6, 1995)
Permittee or property owners for any site activities which were underway on the effective date of the ordinance codified in this chapter may be required to prepare an erosion control plan for approval pursuant to this chapter. If the city determines that an erosion control problem exists, and requests an erosion control plan, all work on the site shall cease pending approval of the plan and installation of approved erosion control measures. The provisions of this section shall apply until final approval by the city.
(Ord. 141 § 7, 1995)
A.
The building official or city engineer or designee shall enforce the provisions of this chapter.
B.
Beginning or continuing site clearing, grading or construction activities without an approved erosion control plan and permit required by this chapter constitutes a violation of this chapter. Failure to implement the erosion control measures set forth in the approved erosion control plan constitutes a violation of this chapter. No building shall be certified for occupancy if the property is deemed to be in violation of this chapter. A stop work order may be issued at any time when determined necessary by the building official or city engineer. Any person convicted of violating this chapter shall be punished by a fine of not more than $500. Each day that such violation exists shall be deemed a separate violation of this chapter.
(Ord. 141 § 8, 1995; Ord. 545 § 1, 2019)