16.10.020 Clearing, Grading and Erosion Control on Construction Sites.
A. Permit Requirements.
1. The City shall issue a clearing, grading, and erosion control permit (permit) for nonexempt construction work.
2. The permit is required for clearing and grading activities related to construction, demolition, and site development for improvements related to all land divisions, multifamily developments, and commercial, industrial, and institutional sites. Single-family and duplex site developments are exempt from the permit requirement (but not from the standards described in BC 16.10.010 and 16.10.070 through 16.10.100) unless one of the following activities is proposed:
a. Excavation or fill exceeding two feet other than foundation areas of single-family or duplexes.
b. Alteration to or creation of a slope exceeding 20 percent.
c. An excavation or fill within two feet of the property line.
d. Tree removal of trees more than eight inches dbh on properties greater than one acre.
e. Any clearing and grading activity located entirely or partially on sensitive areas or within a designated area of special interest or Waterway Overlay Zone as described in BDC Chapter 2.7.
f. Any other site determined by the City to have conditions necessitating additional control measures on a site-specific basis for the protection of health, safety, property, or water quality protection.
B. Applications. A permit must be obtained prior to performing activities authorized by a City building permit or other permit authorizing construction. The application for a permit shall include:
1. A completed permit application form.
2. A fee in an amount set by Council resolution.
3. A site map and grading plan containing all the following information:
a. Existing and proposed topography of the site taken at a contour interval sufficiently detailed to define the topography over the entire site. Ninety percent of the contours shall be plotted within one contour interval of the true location.
b. One-foot contour intervals that extend off site sufficient to show on- and off-site drainage.
c. The site’s property lines shown in true location with respect to the plan’s topographic information.
d. The location of all sensitive lands including area of special interest (ASI) lands, and any areas on the site that are intended to remain undisturbed.
e. The location and dimensions of the site development envelope as defined in this title.
f. Location and graphic representation of all existing and proposed natural and man-made drainage facilities, including the direction of drainage within 300 feet of the site boundaries in all directions. The site map and grading plan shall demonstrate that clearing and grading activities will have minimal impact on the existing water flow through the natural and existing drainage routes, except in instances where an approved surface water collection facility is incorporated into this plan.
g. The site’s point(s)-of-entry and/or access road(s) that will be used for clearing and grading activity access.
h. Location of existing vegetation types, and the location and type of vegetation to be left undisturbed, per the requirements specified in BDC 3.2.200, Landscape Conservation, and shown in the Planning Development approval.
i. A description of the tree protection standards to be implemented during construction.
j. Location and graphic representation of all drainage features, existing and proposed underground injection controls (UICs), and erosion and sediment control measures.
k. Location of any buildings or structures on the work site, and the location of any buildings or structures on land of adjacent owners that are within 15 feet of the work site, or that may be affected by the proposed grading operations. These would include, but not be limited to, utilities locations.
l. For applicable sites, an overlay map including the 100-year flood zone, WOZ, ASI, or otherwise depicting the sensitive areas.
4. The City may require the site map and grading plan be prepared by a registered professional licensed to prepare such documents by the State of Oregon.
5. An erosion and sediment control (ESC) plan prepared in accordance with the COSM.
6. A soils and geological reconnaissance report (soils report) prepared by an Oregon licensed professional engineer (P.E.) or an Oregon licensed professional geologist may be required if the City determines that special circumstances warrant such information.
a. The report shall contain all geotechnical engineering information and recommendations applicable to the project including data, based on adequate test borings (as necessary), regarding the nature, distribution, strength and erodibility of both existing soils and soils to be placed on the site, if any; and shall be sealed and signed by an Oregon licensed professional engineer or an Oregon licensed professional geologist.
b. The report shall be incorporated into the site map and grading plan and statement and be provided during clearing, grading and erosion and sediment control inspections.
C. Approval Criteria. An application for a permit may be approved only if it includes all materials required by this title and demonstrates compliance with applicable standards of this title, including compliance with performance standards described in BC 16.10.070 through 16.10.100. The application must show that receiving ground and surface waters are protected and that surface runoff, erosion and off-site sediment transport are minimized to the maximum extent possible.
If a permit application cannot be approved as submitted, the City may require the applicant to do any or all of the following:
1. Reduce the area of land to be disturbed.
2. Change a BMP or any facet of, where deemed necessary.
3. Submit a soils report to inform conclusions and recommendations for grading procedures and soil stabilization.
4. Restrict land disturbing, filling or soil storage activities during precipitation.
5. Revise and resubmit the plan as per the direction of the approval authority.
D. Compliance. All construction activity under a clearing, grading and erosion control permit must comply with the conditions of the permit and approved plans. Construction activity shall be conducted in compliance with performance standards (described in BC 16.10.070 through 16.10.100 and in BC 16.15.040) to the maximum extent practical unless otherwise specified in the permit. During construction, a copy of the ESC plan must be kept on the construction site and readily available to construction personnel and inspectors. The permit holder is responsible for ensuring that contractor(s), subcontractor(s), and all other persons entering the site abide by the conditions of the permit and plan.
Land disturbing activities involving one acre or more of disturbed area may also require a NPDES stormwater discharge permit (1200-C for construction activity) from the Oregon Department of Environmental Quality (ODEQ) when the site discharges to surface water or to a conveyance system that leads to surface water.
E. Conditions of Approval. All permits shall contain standard conditions to ensure compliance with this title and construction consistent with the approved plans.
The following items are required as conditions of approval to be included in each permit:
1. A requirement to provide the City any updates to the site map and grading plan and work schedule.
2. A tree protection plan, if required by BDC 3.2.200(C).
3. A requirement to maintain a copy of the permit, approved plans, site map and grading plan addenda in conformance with subsection (G) of this section, and required reports on the work site, available for inspection during work hours.
4. A requirement to construct and maintain BMPs in conformity with the permit and approved plans.
F. Work Schedule. A detailed work schedule must be provided prior to grading that includes the following:
1. Anticipated grading schedule (e.g., the proposed sequence, schedule and/or timing for excavation, filling, and other land disturbing and filling activities, and earth material storage and disposal).
2. Anticipated clearing and grading and/or construction status conditions of the site at the end of each month during which the permit is in effect.
3. Proposed schedule for installation of all erosion and sediment control measures described in the erosion and sediment control (ESC) plan including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures on each of the dates set forth in the work schedule.
4. Proposed project inspection and maintenance schedule(s).
5. Schedule for construction of final improvements, if any.
G. Site Map and Grading Plan Addenda. If the following information could not be provided as part of the original site map and grading plan, it shall be submitted as site map and grading plan addenda prior to clearing and grading activities.
1. Location and graphic representation of proposed excavations and fills, of on-site storage and/or stockpiling of soil and other earthen materials, and of on-site disposal.
2. Location of dumpsters, concrete and cement wash areas, vehicle fueling and maintenance areas, and construction material (including but not limited to drywall, plaster, paint, solvents, adhesives, and other hazardous materials) storage and handling areas, if any.
3. Outline of the methods to be used in clearing vegetation, and in storing and disposing of the cleared vegetative matter.
4. Quantity of soil and other earth materials expressed in tons or cubic yards to be excavated, filled, stored, or otherwise used on site. If fill is to be removed from the site, the location where fill materials will be taken. [Ord. NS-2176, 2012]