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A. General Performance Standards. The following performance standards shall be implemented prior to the start of and as part of clearing and grading of all lands requiring a permit per this title unless exempted in writing by the City:

1. Site clearing and grading shall be in conformance with an approved subdivision/site plan or other development approval. Site clearing and grading shall protect water resource quality by:

a. Limiting clearing or destruction of native vegetation and trees to those areas defined within the site development envelope as shown on the site map and grading plan required on the permit application form; and

b. Keeping clearing and grading limited to the site development envelope as shown on the site map and grading plan.

2. Establishment of the site development envelope shall consider preservation of natural land and water features, steep slopes, topography, vegetation such as per the tree preservation standards, drainage, geotechnical site assessments, areas that provide water quality or quantity benefits and/or are necessary to maintain riparian and aquatic biota, and other indigenous natural features of the site.

3. Site clearing, except that necessary to establish erosion and sediment control devices, shall not begin until all erosion and sediment control devices have been installed by the permittee and have been inspected by the City.

4. During site clearing or grading activity, no vehicles shall be driven over sensitive lands including river corridor areas of special interest (ASI) (as described in BDC 2.7.630) or upland areas of special interest (as described in BDC 2.7.700), or any areas on the site that are intended to remain as protected natural open space areas, as designated on the site map and grading plan and/or a tree protection plan, including all areas outside of the site development envelope.

5. During site clearing or grading activity, no potential soil or earth compaction activities, including the operation of heavy construction equipment or vehicles, shall be allowed to the maximum extent practicable in areas that have been designated as stormwater infiltration facilities within the site development envelope or on a site map and grading plan and/or a tree protection plan. Any infiltration facility areas that do become compacted during construction must be fully mitigated so that they will infiltrate properly.

6. Phasing of site clearing and grading shall be considered on all sites disturbing greater than five acres, with the size of each phase to be established prior to grading and as approved by the City.

7. Site grading shall not result in landslides, accelerated soil creep, settlement, or any pollutant that crosses beyond the site development envelope boundary.

8. All site clearing and grading activity within 100 feet of the Deschutes River or Tumalo Creek shall comply with all provisions of the Water Overlay Zone (WOZ; as described in BDC 2.7.600).

9. During clearing and grading operations, all public right-of-way, sidewalks and other improvements shall be maintained in a neat and clean condition at the end of each working day (i.e., free of loose soil, construction debris, and trash).

10. During clearing and grading operations, no debris, fill, stockpiles, or equipment shall be stored within a public right-of-way, or in such a way that blocks an emergency access route(s).

11. Construction site access ramps shall be constructed so that:

a. Material used in construction of the ramp will not erode or deteriorate under adverse conditions;

b. Sediment tracking onto adjacent roadways shall be minimized to the maximum extent practicable and dry swept at the end of each working day; and

c. Access ramp material shall not be placed in a manner that interferes with or blocks the passage of surface runoff in the public right-of-way.

12. During clearing and grading operations, and until site re-vegetation and/or site stabilization has occurred, dust shall be minimized to the maximum extent practicable through application of dust control measures approved by the City.

13. All clearing and grading activities shall be performed in accordance with noise standards in BC Chapter 5.50.

14. The transport of earth material, including but not limited to soil and vegetation to or from the site on public rights-of-way, shall be covered to eliminate any soil or other material being blown from the transport vehicle in accordance with Deschutes County Code.

15. Slash and other cleared vegetative material that exceeds three cubic yards in volume shall be removed from cleared sites within three months from the completion of the site clearing operation.

16. Any site for which a stop work order has been issued, or where work has stopped for any other reason, must be left in a condition that prevents erosion or sediment from leaving the site development envelope and prevents threats to public health and safety.

17. When applicable, the permittee shall obtain and comply with a special use permit for temporary rock crushing outside the Surface Mining (SM) Zone.

18. Any site for which grading and clearing stops prematurely for whatever reason must continue to meet the erosion and sediment control and pollution prevention performance standards (described in BC 16.10.080) and implement the provisions of the site ESC plan.

B. Cut and Fill Performance Standards. The following performance standards shall be implemented prior to the start of, and as part of clearing and grading of all private and public lands requiring a permit as described in this title, unless specifically exempted by the City for minor clearing and grading operations not intended to support structures, or in instances where the literal interpretation of the underlying provisions would not serve the intent or purposes of this section. In all other instances, the following performance standards shall be followed to the maximum extent practicable:

1. Cut slopes greater than five feet in height shall not exceed a slope of 2:1 except where approved retaining walls are engineered and installed, and where trenches are refilled with material from the excavation. Cut slopes in solid rock or cemented tuff shall not exceed a slope of 0.5:1.

2. The ground surface shall be prepared to receive fill by removing vegetation, nonapproved fill, topsoil, and other unsuitable earth material as determined by the City and, where the slopes are 5:1 or steeper, by the excavation of level steps into the slope on which fill is to be placed.

3. Fill slopes shall not be constructed on natural slopes that are steeper than 2:1.

4. Fill slopes exceeding five feet in depth shall be no steeper than 2:1, except where approved retaining walls are engineered and installed.

5. The slopes of all fill surfaces shall be no steeper than 2:1 unless approved by the City.

6. When the owner of any parcel alters the level or existing grade of a site by a fill or excavation, the owner shall at their own expense protect all adjoining property from encroachment by such fill, or from danger of collapse due to such excavation, either by the erection of an engineered retaining wall or by sloping the sides of such fill or excavation entirely within the confines of the site in a manner approved by the City.

7. Cut and fill slopes shall be provided with subsurface and surface drainage as necessary to retain slope stability, to control erosion, and for public safety.

8. The faces of all cut and fill slopes shall be prepared and maintained to control erosion. [Ord. NS-2176, 2012]