Chapter 15.45


15.45.010    Applicability and exemptions.

15.45.020    Grading permits.

15.45.030    Clearing and grading performance standards.

15.45.040    Violation – Penalty.

15.45.010 Applicability and exemptions.

This chapter applies to all construction activity and all land disturbing activity, directly or indirectly associated with construction projects, and all persons engaged in construction activity and land disturbing activity, directly or indirectly associated with construction projects, within the city. [Ord. 17-849 § 4 (Exh. A), 2017]

15.45.020 Grading permits.

(1) Permit Requirements.

(a) A grading permit for nonexempt construction work must be obtained prior to engaging in such nonexempt construction work.

(b) The permit is required for clearing and grading activities related to construction, demolition, and site development for improvements related to all construction activities. Permits are not required for recognized agricultural and forestry activities, construction within rights-of-way, provided applicable right-of-way or excavation permits have been obtained, or ground disturbances of less than 2,500 square feet.

(2) Applications. A permit must be obtained prior to performing activities authorized by a land use approval, building permit, or other permit authorizing construction. The application for a permit shall include:

(a) A completed permit application form.

(b) A fee in an amount set by council resolution.

(c) A site map and grading plan containing property lines, the location and dimensions of existing structures, location and graphic representation of all existing and proposed natural and man-made drainage facilities, site access locations, trees in excess of 12 inches dbh, and any other information requested by the city.

(d) The city may require the site map and grading plan be prepared by a registered professional engineer licensed to prepare such documents by the state of Oregon.

(e) A proposed work schedule as described below.

(3) Approval Criteria. An application for a permit may be approved only if it includes all materials required by this chapter and demonstrates compliance with applicable standards of this chapter. All permits shall be deemed to contain a provision that the work must be consistent with the approved application and plans. The city may impose any other reasonable condition on the permit or the performance of the work thereunder, including but not limited to performance bonds or other security.

(4) Compliance. All construction activity under a grading permit must comply with the conditions of the permit and approved plans. Construction activity shall be conducted in compliance with performance standards set forth in this chapter to the maximum extent practical unless otherwise specified in the permit. During construction, a copy of the permit and approved 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.

(5) Work Schedule. A detailed work schedule must be provided prior to grading that includes the following:

(a) 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).

(b) 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.

(c) Proposed project inspection and maintenance schedule(s).

(d) Schedule for construction of final improvements, if any.

(6) Inspections. The permittee shall notify the city within 48 hours after completion of the work and the city public works director, or his representative, shall inspect and have final approval of said work. City inspection shall not be deemed to certify or create any warranty as to the quality of the work or its suitability for the permittee’s intended uses of the site. [Ord. 17-849 § 4 (Exh. A), 2017]

15.45.030 Clearing and grading performance standards.

(1) 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 chapter unless exempted as part of the permit approval:

(a) Site clearing and grading shall be in conformance with an approved permit. Site clearing and grading shall protect water resource quality by:

(i) 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

(ii) Limiting clearing and grading to the site development envelope as shown on the site map and grading plan.

(b) Establishment of the site development envelope shall consider preservation of natural land and water features, steep slopes, topography, significant trees, drainage, and other natural features of the site.

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

(d) During clearing and grading operations, all public rights-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).

(e) 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).

(f) 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.

(g) 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.

(h) Slash and other cleared vegetative material that exceeds three cubic yards in volume shall be removed or otherwise disposed of within three months from the completion of the site clearing operation.

(i) 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.

(j) Cut and fill slopes shall be constructed in a manner that allows for site stability and minimizes erosion. [Ord. 17-849 § 4 (Exh. A), 2017]

15.45.040 Violation – Penalty.

Any violation of this chapter shall be punishable by a fine of not less than $100.00 or more than $500.00, with each violation and each day that a violation persists constituting a separate violation. A person in violation of this chapter may also be required to restore the site to its prior condition. [Ord. 17-849 § 4 (Exh. A), 2017]