(1)
Restrict
the discharge of sediments and other construction related materials,
including hazardous substances, into the public stormwater system
in order to:
(a)
Prevent
or minimize, to the maximum extent practicable, negative impacts to
adjacent properties, to water quality and to the City’s Goal
5 natural resources inventory sites resulting from construction activities,
and
(b)
Maintain
the capacity of the public stormwater system by minimizing sedimentation;
(2)
Control
excavating, grading, and earthwork construction, including fills and
embankments to safeguard the public health, safety and general welfare,
and individuals and property against hazards resulting from uncontrolled
grading and excavating practice;
(3)
Establish
the administrative procedure for issuance of Land and Drainage Alteration
Permits including: approvals; conditions of approval; denial; designation
of a site as a sensitive area; extension of the duration of a Land
and Drainage Alteration Permit;
(4)
Establish
procedures for determining violations of this code; the provisions
of an issued Land and Drainage Alteration Permit; enforcement, including
a Notice of Violation; and
(5)
Establish
the appeals process for Land and Drainage Alteration Permits.
[Section 8.400 added by Ord. No. 6335, April 6, 2015; amended by Ord. No. 6473, 2/5/2024]
The goal of the Land and Drainage Alteration Program is the
protection of: public and private property; the city's infrastructure;
and all Goal 5 Natural Resources inventory of significant sites from
potential adverse effects of construction activities. The exact provisions
or conditions of a Land and Drainage Alteration Permit are based on
the circumstances present at the development site; as a result, the
program allows the applicant and the city the flexibility to design
and apply the most effective erosion prevention measures on a case-by-case
basis. This flexibility extends to modifications of these conditions
after the permit has been issued if the city determines the measures
are not achieving the intended results.
[Section 8.402 added by Ord. No. 6335, April 6, 2015; amended by Ord. No. 6473, 2/5/2024]
(1)
These regulations shall apply to all construction related activities
in both the city and its urban transition area that result in any
of the following:
(a)
Land disturbance, including, but not limited to, clearing, grading,
grubbing, tree felling, excavating, filling, and storing of materials;
(b)
Structural development, including, but not limited to, buildings,
bridges, streets, and other infrastructure including utilities and
sewers;
(c)
Impervious surfaces, including, but not limited to, parking
lots, driveways, off-street bikeways and pedestrian trails, access
ways, and patios; or
(d)
Dewatering.
(2)
All persons in control of property or engaged in construction related activities shall prevent and/or control erosion, sedimentation, and other construction related impacts to stormwater quality in a manner designed to meet the outcomes specified in section 8.408. This obligation shall be implemented through one of the following actions:
(b)
For all other construction activities not subject to the Land
and Drainage Alteration Permit requirements, as determined by the
director, compliance by property owners with the standards for preventing
and controlling erosion, sedimentation, and other impacts associated
with construction site management practices. The director will make
information about these requirements and prevention measures available
through a variety of techniques, including public outreach programs,
handout materials, and other educational efforts to assist property
owners in meeting this obligation.
(3)
Regardless of subsection (1), the following activities shall be exempt from these regulations. The agency or public utility performing the work shall take reasonable steps to minimize sediment, dirt, debris, or other contaminants from entering the city stormwater system. The exemption in this subsection shall terminate at the time the emergency condition is alleviated, utility service is restored, or a street is reopened to traffic.
(a)
Actions by the city, a public utility, or any other governmental
agency to remove or alleviate an emergency condition, restore utility
service, or reopen a public street to traffic; or
(b)
Actions by any other person when the director determines, and
documents in writing, that these actions are necessary to remove or
alleviate an emergency condition, restore utility service, or reopen
a public street to traffic.
[Section 8.404 added by Ord. No. 6335, April 6, 2015; amended by Ord. No. 6473, 2/5/2024]
In addition to the definitions contained in Springfield Development
Code, the applicable sections of the Engineering Design Standards
and Procedures Manual, and applicable sections elsewhere in the SMC,
as used in these regulations, the following words and phrases shall
mean:
Activities necessary to maintain the health and function
of developed landscaped areas, including, but not limited to: tilling,
sodding, mowing, aerating, pruning, and replacement of soil, gravel
or addition of soil amendments.
Physical, structural, and/or managerial practices employed
to avoid or mitigate erosion, sedimentation, or contamination of the
public stormwater system and related natural resources inventory sites,
or to otherwise meet these regulations. All BMPs shall be in accordance
with the city of Springfield's Engineering Design Standards and
Procedures Manual (EDSPM).
A person with a background or training in erosion prevention
techniques who holds a license or certification to practice in Oregon
in one of the following professions: engineering, architecture, landscape
architecture, geology, or is in a similar profession; or a person
who is certified as a professional in erosion and sedimentation control
by the International Erosion Control Association, or any other similar
organization.
An activity used in the process of developing, redeveloping,
enhancing, or maintaining land, including, but not limited to: land
disturbance, building construction, paving and surfacing, storage
and disposal of construction related materials.
That area of a lot where disturbance to vegetation and land
form is necessary for the construction of buildings, parking lots,
walkways, landscaping, utilities, and for staging of construction
equipment and other similar uses associated with construction activities.
Potential water quality pollutants that are used or created
during construction activities including, but not limited to: off-site
deposits of sediments by vehicles (e.g., tracking, spilling); building
material wastes (e.g., scrap metals, rubber, plastic, glass, masonry,
wood; paints and thinners; packaging materials; insulation, plaster
grout); hazardous substances (e.g., cleaning solvents; chemical additives;
concrete curing compounds; acids; paints, thinners); pavement saw-cutting
effluent; and concrete washout.
An area that separates a significant natural resources site,
including a wetland or water feature, from a conflicting use; and
any conservation zone or protected area established during the development
review and approval process that is designed to protect significant
natural resources sites or drainage ways.
Property under common ownership or control, either undivided
or consisting of one or more contiguous lots. Property under common
ownership that is bisected by a public street or alley shall be considered
one development site unless the land was legally divided.
The removal and disposal of surface water or groundwater
for purposes of preparing a site for construction or facilitating
construction.
The conveyance and discharge of stormwater runoff, either
on the surface or by an open channel or pipe, into a water feature
that is located on or adjacent to the lot for which construction activities
are planned, or onto/into its designated buffer area.
The director of the community development division within
the development and public works department or their designee, or
other official as designated by the Springfield city manager.
A lot or a portion of a lot where the vegetation, landform,
or topography is altered due to tree felling, clearing, grubbing,
grading, paving, stock piling, or building.
An immediate danger to life, property, or the environment
due to circumstances beyond the control of the property owner, including,
but not limited to, natural and human-caused disasters including,
but not limited to, fires, floods, slides, earthquakes, sinkholes,
and tree blow-down.
The person designated by the director to enforce the provisions
of these regulations.
Measures to be taken for preventing and/or minimizing sedimentation
and negative impacts to water quality in the public stormwater system
and natural resource inventory sites due to erosive impacts on exposed
soil from water and wind forces. Erosion prevention shall also include
measures taken to prevent and/or minimize potential impacts to the
public stormwater system and natural resources inventory sites associated
with construction activities including handling and storage of construction
related materials and disposal of building material wastes.
Soils classified as having an erodibility index of 8 or larger
by the Natural Resources Conservation Service, formerly the Soil Conservation
Service.
Property in proximity to a disturbed site, and subject to
erosion, sedimentation, or construction material impacts resulting
from the activity.
The disposal of any construction related material in a manner
that causes, or has the potential to cause, the discharge of pollutants
to the public stormwater system or natural resources inventory sites,
the depletion of the capacity of the public stormwater system, or
the contamination of soils.
Handling or storing of any construction related materials
in a manner that causes or has the potential to cause the discharge
of pollutants to the public stormwater system or natural resources
inventory sites, the depletion of the capacity of the public stormwater
system, or the contamination of soils.
Any lot, parcel or portion of a lot which meets the state
or federal definition of wetlands under the jurisdiction of state
or federal laws and also all significant wetlands identified on the
city's local wetland inventory (see also Wetlands).
Information including, but not limited to, a set of maps,
data, drawings, and a narrative that describes expected runoff from
new construction sites and establishes measures to be taken for preventing
erosion, sediments, and other pollutants from construction related
activities.
Activities that can change the physical conditions of a landform,
vegetation, and hydrology including, but not limited to, clearing,
grading, grubbing, excavating, filling, tree felling, and storing
of materials.
The word "lot" includes the words "parcel" or "tract of land."
The greatest degree of pollutant reduction achievable through
the application of technically feasible, cost effective best management
practices, processes, siting criteria, operating methods, or other
alternatives approved by the director.
Repetitive construction or maintenance activities that are
performed at different sites as part of an overall work plan or program
when no individual disturbance exceeds more than 500 square feet of
land area and 50 cubic yards of fill or excavated material.
Areas on the city's adopted Goal 5 Natural Resources
Inventory Maps and located within or adjacent to the public stormwater
system, including, but not limited to, waterways, riparian areas shown
on the Water Quality Limited Watercourses Map on file in the development
and public works department, wetlands, and conservation zones or easements,
which due to their location, topography, vegetation, or other factors
provide one or more of the following stormwater functions: flood control,
habitat, bank stabilization, and water quality treatment including
pollutant removal, shading and temperature stabilization.
The property owner or an agent hired by the property owner
who has obtained a Land and Drainage Alteration Permit.
An individual, trust, firm, joint stock company, joint venture,
consortium, commercial entity, partnership, association, corporation,
commission, state and any agency thereof, political subdivision of
the state, interstate body or the federal government, including any
agency thereof.
Those stormwater facilities located on public property, public
rights-of-way, public utility easements and/or any stormwater facility
the city is contractually or legally obligated to operate, maintain,
or protect, including, but not limited to:
An open drainage way, headwater stream, creek, wetland, spring,
or pond, including those not maintained by the city which drain onto
city-owned property or into city-maintained facilities;
A pipe or sewer and its related appurtenances that carry stormwater
and have been designed and constructed expressly for use by the general
public and accepted by the director;
Streets, curbs and gutters and other surfaces in the public
way which are designed to carry stormwater, roadside drainage ditches
along unimproved streets; and
Flood control and stormwater quality facilities (levees, dikes,
overflow channels, swales, biofiltration facilities, infiltration
facilities, detention basins, retention basins, dams, pump stations,
groundwater recharging basins, sediment traps, wetlands, etc.) that
have been designed and constructed expressly for use by the general
public and accepted by the director.
A property owner, Land and Drainage Alteration Permit holder,
or their agent or contractor, or other person who is responsible for
meeting the outcomes, or responsible for violation of these regulations.
The activities and practices necessary to maintain the operating
capacity, functional integrity, or aesthetics of a site or facility.
Routine maintenance includes, but is not limited to, landscaping,
repair of recreation facilities (e.g., ball diamonds, play areas,
fields), cleaning of stormwater facilities, and patching of streets.
On-site erosion prevention measures that include both a preventative
measure (e.g., soil coverage, vegetative buffer) and a control measure
(e.g., sediment fence, mulch berm, straw bales).
The deposit of mud, sand, soil, sediment or construction
materials exceeding one-half cubic foot in volume for every 1,000
square feet of lot size onto adjacent properties, into the public
stormwater system, onto natural resources inventory sites located
on-site, into public rights-of-way or private streets, and/or into
any private stormwater system that discharges into a city stormwater
system located off site by dropping, discharging, directly depositing,
or resulting from the action of erosion.
Sites that meet the criteria contained in section 8.410(1).
The completion of all soil disturbance activities at the
site and the establishment of a permanent vegetative cover, or equivalent
permanent stabilization measures including, but not limited to, riprap,
gabions, geotextiles, or bioengineering methods that will prevent
erosion.
Stormwater runoff due to construction activities that has
not been filtered, screened, settled, or otherwise treated for the
removal of pollutants, prior to discharge into the public stormwater
system, designated buffers, or natural resources inventory sites.
A strip of protected land not less than 25 feet in width
separating ground disturbed by construction activity from a water
feature, natural resources inventory site, or a property line, whichever
is nearest, containing vegetation at least one inch in height that
covers at least 80 percent of the buffer area. The buffer area shall
be on the site covered by the Land and Drainage Alteration Permit.
Evidence of concentrated flows of water over bare soils,
turbid or sediment laden flows, or evidence of on-site erosion including
rivulets on bare soil slopes where the flow of water is not filtered
or captured on the site using the techniques recommended in the city's
Design Manual or an approved Land and Drainage Alteration Plan, or
comparable techniques; and, earth slides, mud flows, earth sloughing,
or other earth movement which leaves the property.
Permanent or intermittent bodies of water, including creeks,
streams, ponds, rivers, lakes, natural resources inventory sites,
drainage channels and jurisdictional wetlands.
October 1 through April 30, unless otherwise designated by
the director.
Any lot or portion of a lot which meets the state or federal
definition of wetlands that is under the jurisdiction of state or
federal laws and also all wetlands identified on the city's Local
Wetland Inventory.
[Section 8.406 added by Ordinance No. 6335, enacted April 6, 2015; amended by Ord. No. 6473, 2/5/2024]
(1)
All persons conducting construction activities specified in section 8.404(1) shall employ, to the maximum extent practicable, erosion prevention and construction site management practices which will achieve during both the construction period and wet weather season the following outcomes:
(a)
Adjacent properties, water features, and natural resources inventory
sites are kept free of deposits or discharges of soil, sediment or
construction-related material from the site except those that would
occur through natural processes from an undisturbed site.
(b)
Vegetation in water features, natural resources inventory sites,
and associated bank and/or riparian areas adjacent to construction
sites are preserved or protected from impacts that exceed those that
occur through natural processes on an undisturbed site.
(c)
Public rights-of-way, the public stormwater system and natural
resources inventory sites, private streets and private stormwater
drainage systems that discharge to the public stormwater system are
kept free of mud, soil, hazardous materials, concrete washout, trash,
or other similar construction-related material. Direct deposit, dropping,
dumping, erosion, tracking, or other discharge by construction vehicles
of materials shall not occur in excess of those that occur through
natural processes from an undisturbed site. Any discharges that occur
shall be prevented from entering water features or the public stormwater
system and removed not later than the end of the day in which the
discharge occurred, or as directed by the director. During the wet
weather season all other work shall cease until such time the discharge
has been corrected.
(d)
Soils and stockpile areas shall not be exposed to precipitation
or stormwater runoff without the provision of secondary containment,
perimeter controls, and other approved BMPs.
(e)
Earth slides, mudflows, earth sloughing, or other earth movement
that has the potential to leave the property shall not occur in excess
of those that occur through natural processes on an undisturbed site.
(f)
No discharge into the public stormwater system or natural resources
inventory sites of construction related contaminants resulting from
activities including, but not limited to, cleaning or washing of equipment,
tools, or vehicles, shall occur.
(g)
No hazardous substances, including paints, thinners, saw cutting
slurry, fuels and other chemicals shall be released onto the site,
onto adjacent properties, or into water features, the public stormwater
system, or natural resources inventory sites.
(h)
Maintain, on the site, all materials and supplies to implement
the Land and Drainage Alteration Plan.
(2)
When designing and implementing BMPs to meet the above outcomes,
the applicant shall consider the seasonal variation of rainfall, temperature,
and other climatic factors relative to the timing of land disturbance
activities. All construction activity that will result in soil disturbance
during the wet weather season shall, at a minimum, implement and maintain
the following BMPs on site:
(a)
Construction site entrances shall be graveled with crushed rock
of sufficient size and grading as necessary to prevent any off-site
tracking.
(b)
All stormwater facilities, water features, and natural resources
inventory sites shall be protected.
(c)
All exposed soil and stockpile areas shall be covered.
(d)
Sediment, soil, or construction related material shall be removed
immediately from the right-of-way, adjacent property, and the public
stormwater system, including water features and natural resources
inventory sites.
(3)
No Land and Drainage Alteration Permit or other approval issued in
accordance with these regulations shall be considered to authorize
any violation of the above outcomes or wet weather requirements.
[Section 8.408 added by Ord. No. 6335, April 6, 2015; amended by Ord. No. 6473, 2/5/2024]
(1)
The city manager shall publish, and from time to time maintain a
map which shows:
(a)
All parcels where the slope of the lot is greater than 15 percent
and/or is subject to the city's Hillside Development Overlay
district;
(b)
All drainage ways or swales;
(c)
All wetlands;
(d)
All floodways or floodplains.
|
The areas depicted on such map, and all parcels adjacent to
drainage ways or swales, shall be sensitive areas for the purpose
of this article.
|
(2)
An applicant may request an exception to the sensitive area requirement
by submission of actual field or site information that demonstrates
that the proposed work area will not adversely impact the relevant
inventoried natural resource.
(3)
An applicant who disagrees with the director's final determination
about the designation of a sensitive area may appeal that decision
to the city manager or designee.
[Section 8.410 added by Ord. No. 6335, April 6, 2015; amended by Ord. No. 6473, 2/5/2024]
(1)
Land and Drainage Alteration Permit Required. Unless otherwise provided
in these regulations, no person shall commence any construction related
activity without first obtaining from the city a Land and Drainage
Alteration Permit, if the proposed construction related activity:
(a)
Exceeds 50 cubic yards or more of material on any one lot and/or
adversely affects drainage from or onto adjoining properties;
(c)
Disturbs 7,000 square feet on any one lot or across contiguous
lots under the same ownership;
(d)
Disturbs one or more acres of land at any one time by one or
more phases of development, and the disturbance is located on the
same lot or on contiguous lots under the same ownership; or
(e)
Results in any amount of cut or fill for the placement of an
inhabited structure.
(2)
Waiver of Land and Drainage Alteration Permit. Regardless of any other provisions of this section, the following activities shall not require a Land and Drainage Alteration Permit; however, under no circumstances shall this waiver be construed to mean that these activities are exempt from any of the Land And Drainage Alteration Program requirements of this code and these regulations other than the requirement to obtain a Land and Drainage Alteration Permit. The following activities shall be subject to other provisions, including, but not limited to, the outcome requirements specified in section 8.408:
(a)
Construction activities involving the disturbance of less than
500 square feet of land surface area in a sensitive area, activities
which consist of the excavation and fill of less than 50 cubic yards
of material or less than 7,000 square feet in area, construction activities
associated with building a nonhabitable one-story detached accessory
structure such as a shed or garage;
(b)
The issuance of Land and Drainage Alteration Permits and/or
approvals for interior improvements to an existing structure, or other
approvals for which there is no physical disturbance to the surface
of the land;
(c)
Construction of external additions to existing single unit dwellings
and duplexes, provided the area and volume of excavation and/or fill
does not exceed the disturbance limits specified in subsection (1)
of this section; and
(d)
Landscape maintenance activities on fully developed properties,
necessary to maintain the existing developed landscape.
(3)
Land and Drainage Alteration Permit Classifications.
(a)
Type I Land and Drainage Alteration Permit. This permit applies
to a property owner or agent that obtains a permit for construction
that is located within a sensitive area or is conducting commercial
construction activity;
(b)
Type II Land and Drainage Alteration Permit. This permit applies
to a property owner or agent that obtains a permit for residential
construction of a single unit or a duplex and is not located within
a sensitive area;
(4)
Application. An application for a Land Alteration and Drainage permit must be submitted by the property owner or a person who has written authorization from the property owner to make the application, on the application form prescribed by the director and complete with all information required on said form or otherwise specified in the provisions of this code. In the case of a Type I Permit, the application must include a completed Land and Drainage Alteration Plan, prepared in accordance with subsection (6) of this section, and such other information as the city may require to act upon the application.
(5)
Interdependent Land and Drainage Alteration Permit Processing. The
application and processing of other city permits, including, but not
limited to, Encroachment Permits, Tree Felling Permits, Foundation
and Building Permits, are interdependent with the Land and Drainage
Alteration Permit process. The development and public works director
shall not issue any of these other permits except as follows:
(a)
Until the director has conducted a site inspection, and approved
a required Land and Drainage Alteration Permit, or has determined
a permit is not required; or
(b)
If the property owner or applicant is in violation of a Land
and Drainage Alteration Permit, or any conditions of approval. Regardless
of the requirements in this subsection, the director may issue Land
and Drainage Alteration Permits for construction of public improvement
projects in accordance with provisions of this code prior to the approval
of the Land and Drainage Alteration Permit. No construction activities
shall begin on the public improvements until the director approves
the implemented erosion and sediment control measures.
(6)
Required Plans and Reports.
(a)
The Land and Drainage Alteration Plan. A Land and Drainage Alteration Plan shall be prepared by a certified professional and shall describe the techniques and methods to be used to achieve the required outcomes including specific BMPs for wet weather conditions, describe conditions before and after development, and the proposed methods to prevent and control water quality impacts during and after construction. The professional shall certify that implementation of the Plan ensures compliance with section 8.408(1). The director shall review the Plan prior to issuance of a Land and Drainage Alteration Permit and may monitor the development thereafter for continued compliance. The Land and Drainage Alteration Plan shall meet the minimum submittal requirements as listed on the city's application materials approved by the director.
(b)
Soils and Geology Report. A Soils and Geology Report shall be
prepared by a licensed engineer. The director may require that the
engineer consult with a registered geologist or registered certified
specialty geologist in preparation of the Soils and Geology Report.
The Soils and Geology Report may be waived when a preliminary report
prepared by a licensed engineer demonstrates that the soils quality
of the proposed development area does not require further soils and
geology analysis. When not waived under this section, the Soils and
Geology Report must include:
(i)
A description of the surface and subsurface drainage facilities
necessary to secure stability of native soil or compacted fill;
(ii)
The location of areas within the boundaries of the development
which can justifiably and safely be used for building sites, with
accompanying diagram;
(iii)
Guidelines to be used to adequately and properly
develop and maintain the development area, such as the limits upon
the height of cuts and fills and steepness of slopes, recommended
erosion control measures, retaining wall locations, and any necessary
corrective measures;
(iv)
An analysis of areas immediately adjacent to the proposed development
which, after land and drainage alteration, might have an adverse effect
upon the proposed development or might be adversely affected by the
alteration;
(v)
Requirements for excavations and fills for any building or structure,
including any requirements under the state building codes; and
(vi)
The presence of critically expansive soils or other soil problems
which, if not corrected, would lead to structural defects. If the
Soils and Geology Report indicates any such areas, the report must
address each lot or areas with said soil conditions and identify corrective
action that is likely to prevent structural damage to the proposed
structures.
(7)
Availability. The approved Land and Drainage Alteration Plan and
Soils and Geology Report, where required, shall be kept at the construction
site and be available during on-site inspections.
[Section 8.412 added by Ord. No. 6335, April 6, 2015; amended by Ord. No. 6473, 2/5/2024]
(1)
Review Criteria. The director shall review the Land and Drainage
Alteration Permit application, including the Land and Drainage Alteration
Plan and other documents as may be submitted, and the report or recommendation
of the site inspector following the site inspection, prior to issuing
the permit. The director must approve, approve with special conditions,
or deny the permit application as follows:
(a)
Approval. The director must approve and issue the permit if the director finds that the construction related activities as proposed in the application comply with all applicable requirements of this code and with the layout of any approved or conditionally approved development permit under the Springfield Development Code, including a minimum development standards (MDS) permit, preliminary site plan review, or tentative land division. The director may approve and issue a Land and Drainage Alteration Permit in absence of an approved development permit only if the director finds that the Land and Drainage Alteration Permit complies with the criteria in section 8.416.
(b)
Conditional Approval or Denial. The director must deny the permit application if the director finds that the construction related activities as proposed in the permit will result in sedimentation, visible or measurable erosion, or will otherwise violate the conditions specified in section 8.408 or any other applicable provision of this code. Provided, however, the director may approve the permit application and issue the permit with special conditions necessary to meet the requirements of this code, if the director determines that such conditions are reasonably feasible.
(2)
Effective Date. A Land and Drainage Alteration Permit is effective
only upon approval or conditional approval by the Director, following
a site inspection and endorsement of the permit by the site inspector.
(3)
Appeal. An applicant who is denied a Land and Drainage Alteration
Permit may appeal to the city manager or designee by providing written
notice of the appeal within 30 calendar days of receiving the permit
denial.
[Section 8.414 added by Ord. No. 6335, April 6, 2015; amended by Ord. No. 6473, 2/5/2024]
The requirements of this section apply to a permit application
submitted in advance of development approval under the Springfield
Development Code:
(1)
The permit must not result in the need to extend public storm systems
to the site or to alter, reconstruct, or redirect any existing public
or private stormwater facility.
(2)
The permit application must contain the following information:
(a)
The name, location, dimensions, direction of flow and top of
bank of all adjacent watercourses including those that are shown on
the city's Water Quality Limited Watercourse Map;
(b)
The 100-year floodplain and floodway boundaries and areas of
special flood hazard designated by the city engineer as susceptible
to inundation of water from any source that may affect the site. If
fill occurs in the flood plain, the director may require analysis
of the effects of the fill on flooding of adjacent properties;
(c)
The Time of Travel Zones as delineated on the Springfield Wellhead
Protection Areas Map that affect the site; and
(d)
Physical features including, but not limited to, riparian vegetation,
trees over five inches or greater DBH, open drainage ways, watercourses
shown on the Water Quality Limited Watercourse Map and their riparian
areas, identified archeological and/or historical sites, identified
threatened or endangered species habitat, areas considered for inclusion
in the city's Goal 5 lands inventory, jurisdictional wetlands
and rock outcroppings.
(3)
The features listed in subsection (2) above must be retained and protected until such features are fully considered through a site plan review preliminary plan, subdivision tentative plan application, partition tentative plan application, tree felling permit, or other applicable development approval. To ensure retention of trees over five inches or greater DBH, the director may require a tree protection plan.
(4)
Except for grading of less than 100 cubic yards associated with the
construction of a single-family dwelling, an informational notification
shall be provided to owners and residents of property within 100 feet
of the property line where the construction activities proposed under
the permit will take place. This notification must be mailed at least
five days before the permit is issued and must include the property
address and an 8 1/2" x 11" map depicting the location of the
construction related activities as proposed in the application, the
amount of material to be graded and approximate dates the work is
to take place. The applicant must pay a fee for this notification
at the time of application.
(5)
A permit issued under this section must not authorize the placement
or construction of public or private utilities or facilities, unless
the director finds that such utilities or facilities are necessary
to ensure that the proposed land and drainage alteration is adequately
protective of public health, safety, and general welfare. In this
event, the applicant must obtain from the city the additional permits
necessary to construct such utilities or facilities.
(6)
All work conducted within existing and/or proposed public rights-of-way
shall be limited to the minimum necessary, in the opinion of the city
engineer, to ensure that the proposed land and drainage alteration
is adequately protective of public health, safety, and general welfare.
(7)
Material from the demolition of existing impervious surface (concrete,
asphalt, etc.) must be legally disposed of off site not later than
one month after its demolition.
(8)
The applicant must secure other approvals necessary to proceed with
the proposed grading, including such overlay district requirements
for floodplain, hillside, historic district, the Willamette Greenway,
tree felling or any regulated wetland, or any permits necessary from
any other agency having jurisdiction over all or a portion of the
work, before the director issues a Pre-Approval Land Drainage and
Alteration Permit under this section.
[Section 8.416 added by Ord. No. 6335, April 6, 2015; amended by Ord. No. 6473, 2/5/2024]
(1)
Permit Duration. An approved Land and Drainage Alteration Permit shall remain in effect for the full period of construction activity. The permit may be extended for a period of up to, but not to exceed, one year after completion of the construction activities, if the director determines the extension is necessary to ensure the construction activity has stabilized in accordance with the outcomes specified in section 8.408. Land and Drainage Alteration Plans proposing work between October 1 to April 30 shall include wet weather BMPs.
(2)
Expiration. An approved Land and Drainage Alteration Permit becomes
null and void if the construction authorized by such permit is not
commenced within 180 days from the date of such permit, or if the
construction authorized by such permit is suspended or abandoned at
any time after the work is commenced for a period of 180 days.
[Section 8.418 added by Ord. No. 6335, April 6, 2015; amended by Ord. No. 6473, 2/5/2024]
(1)
Construction Site Practices. In addition to compliance with specific
requirements contained in an approved Land and Drainage Alteration
Permit, all permit holders shall establish and implement Land and
Drainage Alteration Plan practices that will prevent toxic materials
and other debris from entering the city's storm drainage and
waterway systems. The following construction site practices shall
be prohibited and constitute a violation of these regulations:
(a)
Improper storage of chemicals (e.g., pesticides, fertilizers,
fuels, paints, plasters, thinners);
(b)
Improper disposal of construction waste material, garbage, rubbish,
and sanitary waste, plaster, dry-wall, grout, gypsum;
(c)
Failure to immediately clean up spills of toxic materials;
(d)
Washing excess concrete material or other construction related
material into a street, catch basin, or other public facility, the
public stormwater system, private stormwater drainage systems that
discharge to the public stormwater system, natural resources inventory
sites, or other protected area identified on the approved Land and
Drainage Alteration Plan;
(e)
Allowing construction vehicles to track or spill soil, oil or
debris into or onto a street or public right-of-way;
(f)
Ground disturbing activities or destruction of vegetation in
protected areas;
(g)
Beginning construction activities without a valid permit or
prior to initial site inspection by director; and
(h)
Failure to maintain BMPs including, but not limited to, a sediment
fence, inlet protection, or concrete wash out.
(2)
Prevention Measures and Design Standards. The city's Engineering Design Standards and Procedures Manual may be utilized to obtain ideas as to how to achieve the outcomes mandated by section 8.408(1). Except as provided in section 8.408, it is not necessary to utilize any of the specific BMPs contained in the city's Engineering Design Standards and Procedures Manual, nor is the use of one or more of those BMPs a guarantee that a permit will be issued. Each site and the proposed construction related activities need to be examined to determine what measures are required for that specific site.
(3)
Inspection of Work. All work under an approved Land and Drainage
Alteration Permit is subject to inspection by the director. The director
or authorized representative may go upon the subject property for
the purpose of making inspections and performing other duties pursuant
to this code. No person shall interfere with a lawful inspection under
this code.
[Section 8.420 added by Ord. No. 6335, April 6, 2015; amended by Ord. No. 6473, 2/5/2024]
Whenever the director determines that any existing excavation, embankment, or fill on private property has become a hazard to life and limb, endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the director may cause said condition or conditions to be abated pursuant to administrative abatement procedures in sections 5.006 through 5.018 of this code.
[Section 8.306 amended by Ord. No. 6335, 4/6/2015; renumbered and amended by Ord. No. 6473, 2/5/2024]
(1)
Unless otherwise permitted, the slope of any bank in an excavation
shall not be steeper than one and one-half horizontal to one vertical,
except that such slope may be required to be flatter if soil conditions
are found to be unfavorable, or an adjacent foundation or structure
may be endangered.
(2)
Terraces at least six feet in width shall be established at not more
than 30-foot vertical intervals on all cut slopes to control surface
drainage and debris except that where only one terrace is required,
it shall be at mid-height. For cut 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 slopes
greater than 120 feet in height shall be designed by an engineer and
approved by the director. Terraces shall have a transverse slope of
not less than five horizontal to one vertical sloping down towards
the bank above the terrace and a longitudinal slope of not less than
two percent. Suitable access shall be provided to permit proper cleaning
and maintenance pursuant to this code. Swales or ditches on terraces
shall have a minimum gradient of five percent and must be paved with
concrete not less than three inches in thickness or an approved equal
paving. They shall have a minimum depth at the deepest point of one
foot and a minimum paved width of five feet. A single run of swales
or ditch shall not collect runoff from a tributary area exceeding
13,500 square feet (projected) without discharging into a down drain.
(3)
Cut slopes shall be provided with subsurface drainage as necessary
for stability.
[Section 8.306 amended by Ord. No. 6335, 4/6/2015; renumbered and amended by Ord. No. 6473, 2/5/2024]
(1)
The area on which an embankment or fill is to be placed shall be
cleared of all vegetation, such as trees, logs, stumps, and roots
of trees, brush, heavy growth of grass and weeds, and any other objectionable
material, such and debris, concrete foundations, metal, or non-earthen
materials which cannot be properly consolidated or will not support
the load of the embankment or structures. The cleared area shall extend
to a width of two feet outside the area to be filled. All trees, existing
stumps and large roots shall be removed, except that within the area
where fills will be three feet or more in height, trees may be cut
flush with the existing ground and grubbing of the remaining stumps
will not be required except at locations where subdrainage, trenches,
drain pipes, foundations or other structures are to constructed or
where unsuitable materials is to be removed before construction of
the embankment.
(2)
The existing ground shall be prepared to receive fill construction
by:
(a)
The installation of subdrains to intercept and dispose of waters
from springs, aquifers, or other underground sources of water; and
storm drains to intercept and dispose of surface waters where required
on approved plans.
(b)
Compacting the ground area upon which any embankment is to be
constructed to a minimum relative compaction of 90 percent throughout
the top six inches.
(3)
Embankment fills shall not be constructed upon natural ground slopes
which are steeper than five horizontal to one vertical unless such
embankments are keyed into the natural ground; and the native material
together with the fill material shall be recompacted to a relative
compaction of 90 percent. The width of the benches for keying new
embankments to existing slopes shall not be less than 10 feet. The
construction operation shall be such that a slip plane is not created
between the original material and the newly compacted material.
[Section 8.322 renumbered and amended by Ord. No. 6473, 2/5/2024]
(1)
The slopes of an embankment shall not be steeper than two horizontal
to one vertical, except where the soils and geology report indicates
that steeper slopes may be constructed and maintained safely without
creating a potential sliding or erosion condition.
(2)
In fills over 20 feet in height, a terrace having a minimum width of six feet shall be constructed in the fill slopes, with a maximum vertical spacing of 20 feet between terraces or from the top or bottom of the fill slopes, except that the vertical spacing may be increased if slopes are commensurately flattened where such increase and flattening is recommended by an engineer and approved by the director. The terrace shall have a transverse slope of not less than five horizontal to one vertical sloping down towards the embankment, and a longitudinal slope of not less than two percent. Drainage along the terrace shall be provided as required by section 8.424 of this code.
(3)
(a)
Except as noted below for rock fill, material for embankments
and backfills for excavations, slides, walls and other structures
shall be spread in layers not exceeding eight inches in loose thickness
before compaction, and each layer shall be compacted to a relative
compaction of not less than 90 percent.
(b)
The side slopes of all embankments shall be compacted by means
of tampers or rollers to a minimum of 85 percent relative compaction.
(4)
(a)
When fill material includes rock, individual rock shall not
be greater than three feet in greatest dimension, and no rock larger
than six inches in greatest dimension will be permitted less than
18 inches below finished grade of the embankment. No large rocks will
be permitted to nest, and all voids shall be filled with earth or
other fine material and properly compacted.
(b)
Material used for backfilling within 18 inches of walls or other
structures shall be free from stones or lumps of material exceeding
four inches in greatest dimension.
(5)
At the time of compaction, the moisture content of the embankment
material shall be such that the minimum relative compaction specified
may be obtained with the compacting equipment being used. Water shall
be added in the required amount to obtain the optimum moisture content
for achieving maximum density. Compaction of embankment material which
contains excessive moisture shall be delayed until the material has
been allowed to dry to such an extent that the relative compaction
specified may be produced with the compacting equipment being used.
(6)
Sufficient field and laboratory tests to determine the relative compaction of the ground and embankment material shall be taken and shall not be less frequent than necessary to obtain compaction tests in each two feet of vertical lift of the embankment. The results of such testing shall be included in the reports required by section 8.436 of this code.
(7)
The absence of compaction test reports, or inaccuracies or inconsistencies
in the test results shall be deemed sufficient to reject the completed
construction or to delay issuance of a certification of completion
until additional test reports are satisfactory and indicate compliance.
The director may require a certificate by an approved soils testing
agency based on the tests of the fill at selected elevations.
[Section 8.324 amended by Ord. No. 6335, 4/6/2015; renumbered and amended by Ord. No. 6473, 2/5/2024]
(1)
The director may, in writing, suspend or revoke a permit issued under
the provisions of this code whenever it is found that:
(a)
The permit was issued in error or on the basis of incorrect
information;
(b)
Conditions at the site vary appreciably from that stated in
the application or shown on the grading plans;
(c)
Construction does not conform to the approved plans, grades,
or other conditions of the grading permit;
(d)
Cessation of work before completion have, left the site in a
condition hazardous to public or to the adjacent properties, and the
applicant does not comply with reasonable requirements as to completion
of the work within the time specified in the permit or an approved
extension of time therefor;
(e)
The applicant does not comply with reasonable requirements to
safeguard the workers, the public, or other persons acting in a lawful
manner, during his or her construction operations;
(f)
The applicant, in transporting materials, or operating equipment
in, around, to and from the site and in connection with the grading
operations for which the permit was issued, fails to operate the equipment
properly on or along public roads, or allows materials or litter to
encroach, obstruct or be deposited on pavement, or in drainage channels,
or otherwise within the road right-of-way, to the detriment of the
public road, or creates a hazard on the public road, or causes unauthorized
obstruction or diversion of drainage channels within the site areas;
(g)
Failure to have a qualified inspector, working under the supervision
of a registered engineer, on the site during construction operations
when so required under the permit.
(2)
Upon issuance of a notice to cease work, or the suspension of the
grading permit, the applicant shall immediately cause all grading
and hauling operations connected therewith to cease until permission
is received from the director allowing the applicant to proceed after
correcting the objectionable conditions or operations so as to eliminate
the hazard or encroachment and to prevent recurrence of the situation.
(3)
Upon the order of the director, any grading permit so suspended may be either reinstated or revoked. Whenever a permit has been revoked, work on the site shall not again commence until a new application has been filed incorporating the necessary revisions in plans or methods of operation required to fulfill the intent of sections 8.400 to 8.436 and in accordance with the regulations herein, and approved by the director.
[Section 8.330 amended by Ord. No. 6335, 4/6/2015; renumbered and amended by Ord. No. 6473, 2/5/2024]
(1)
Plan Checking Fee. For excavation and fill on the same site, the
fee shall be based on the volume of the excavation or fill, whichever
is greater. Before accepting a set of plans and specifications for
checking, the director shall collect a plan-checking fee. Where not
covered by the approved improvement plans for the development, separate
permits and fees may apply to retaining walls or major drainage structures
in accordance with the state building code. There shall be no separate
charge for standard terrace drains and similar facilities. The amount
of the plan checking fee for grading plans shall be based on the average
actual costs as set forth by resolution of the city council. The rates
and charges herein provided are for incurred costs based upon the
use or availability for use of the public right-of-way and/or the
storm sewer system, as well as for meeting the routine obligations
of ownership, which is necessary for the regulation of and provision
for, the public health, safety and welfare. The charge is controlled
by the user's or potential user's request and choice of
the kind, nature and quantity of use. The plan-checking fee for a
grading permit authorizing additional work to that under a valid permit
shall be the difference between such fee paid for the original permit
and the fee shown for the entire project.
(2)
Grading Permit Fees. A fee for each grading permit shall be paid
to the director based on the average actual costs as set forth by
resolution of the city council. The rates and charges herein provided
are for incurred costs based upon the use or availability for use
of the public right-of-way and/or the storm sewer system, as well
as for meeting the routine obligations of ownership, which is necessary
for the regulation of, and provision for, the public health, safety
and welfare. The charge is controlled by the user's or potential
user's request and choice of the kind, nature and quantity of
use. The fee for grading permit authorizing additional work to that
under a valid permit shall be the difference between the fee paid
for the original permit and the fee shown for the entire project.
[Section 8.332 amended by Ord. No. 6335, 4/6/2015; renumbered and amended by Ord. No. 6473, 2/5/2024]
(1)
When Financial Security Is Required. The director may require that
the applicant file financial security if the nature of the work permitted
is such that, if left incomplete, it will result in any one or more
of the following conditions:
(a)
Endangering an adjoining property or street;
(b)
Creating a hazard to human life or health on any property; or
(c)
Negatively affecting any physical feature including, but not
limited to: riparian vegetation; trees over five inches or greater
DBH; open stormwater management facilities; watercourses shown on
the Water Quality Limited Watercourse Map and their riparian areas;
locally significant riparian areas; locally significant wetlands;
identified archeological and/or historical sites, identified threatened
or endangered species habitat, jurisdictional wetlands, or rock outcroppings.
(2)
Amount of Required Security. Required security must equal to 120
percent of the cost of the design, materials, and labor of the work
proposed by the permit, or 120 percent of the amount necessary to
return the site to pre-alteration conditions, whichever amount is
determined in the public's best interest by the director. Required
security must consist of cash, certified check, time certificate or
deposit, or lending agency certification to the city that funds are
being held until completion. When the final permitted improvements
are complete and certified by the director, any portion of the remaining
security deposited with the city, including any accrued interest,
will be returned to the depositor. The financial security must be
in a form approved by the city attorney.
(3)
Notice of Default. Whenever the director finds that a default has
occurred in the performance of any term or condition of any permit,
written notice thereof shall be given to the principal and to the
surety on the financial security. Such notice shall state the work
to be done to achieve a safe and satisfactory condition and the period
of time in which the work must be completed, as reasonably determined
by the director.
(4)
Duty of Surety. After receipt of such notice the surety shall, within
the time therein specified, cause the required work to be performed.
(5)
Application of Financial Security by the City. If the required work
is not completed, or if the work is performed improperly and not remedied,
within the time approved by the director, then the city may use the
security to complete the work or restore the property to pre-alteration
condition, as determined by the director. This remedy is in addition
to, and not in lieu of, the city's other enforcement authorities.
(6)
Right of Entry. In the event of any default in the performance or
any term or condition of the permit for the work, after providing
reasonable notice, the surety or any person employed or engaged on
its behalf or any authorized representative of the director shall
have the right to go upon the premises to complete the required work
or restore the property to pre-alteration conditions.
(7)
Interference Prohibited. No person shall interfere with or obstruct the ingress or egress to or from such premises by any authorized representative or agent of any surety or of the city engaging in completing the work required to perform under the permit or in complying with the terms and conditions thereof or in inspecting the grading operation pursuant to section 8.436 of this code.
[Section 8.334 amended by Ord. No. 6065, 7/28/2003; Ord. No.
6335, 4/6/2015; renumbered and
amended by Ord. No. 6473, 2/5/2024]
(1)
Final Reports. Upon completion of the rough grading work and at the
final completion of the work, the director may require that the grading
plan be supplemented or amended to show the final as-built conditions
of the site, including the original ground surface elevations, the
as-graded ground surface elevations lot drainage patterns and locations
and elevations of all surface and subsurface drainage facilities.
The engineer who prepared the grading plan shall provide approval
that the work was done in accordance with the final approved grading
plan.
(2)
Notification of Completion. The applicant shall notify the director
when the grading operation is ready for final inspection. The director
will provide final approval when all work has been completed under
the permit, including installation of all drainage facilities and
their protective devices; all erosion control measures have been completed
in accordance with the final approved grading plan; and all required
reports and as-built plans have been submitted and approved by the
director.
[Section 8.338 amended by Ord. No. 6335, 4/6/2015; renumbered and amended by Ord. No. 6473, 2/5/2024]
