Chapter 15.06
EARTHWORK AND EROSION CONTROL STANDARDS

Sections:

15.06.010    Definitions.

15.06.020    Earthwork plans.

15.06.030    Supplemental reports—When required.

15.06.040    Erosion control standards.

15.06.050    Protection of streets.

15.06.060    Site requirements.

15.06.070    Monitoring and reporting requirements.

15.06.080    Abatement and penalties.

15.06.010 Definitions.

For the purposes of this chapter, the following definitions shall apply:

(1) “Civil Engineer” shall mean a professional engineer registered in this state to practice in the field of civil works.

(2) “Civil Engineering” shall mean the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works.

(3) “Earth Material” is any rock, natural soil or fill and/or any combination thereof.

(4) “Earthwork” shall mean an excavation, grading, filling, or any other alteration of the contour, topography or natural cover of land.

(5) “Erosion” is the wearing away of the ground surface as a result of the movement of wind or water.

(6) “Excavation” is the mechanical removal of earth material.

(7) “Fill” is a deposit of earth material placed by artificial means.

(8) “Grading” is an excavation or filling or combination thereof.

(9) “Site” is any lot or parcel of land or contiguous combination thereof, under the same ownership, where earthwork is performed or permitted.

(10) “Soil” is naturally occurring surface deposits overlying bed rock.

(11) “Soil Engineer” shall mean a civil engineer experienced and knowledgeable in the practice of soil engineering.

(12) “Soil Engineering” shall mean the application of the principle soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.

Statutory Reference: ORS

History: Ord. 1227 §1, 1996.

15.06.020 Earthwork plans.

(1) Application for an earthwork permit shall be accompanied by two sets of earthwork plans drawn to scale upon substantial paper or cloth and of sufficient clarity to indicate the nature and extent of the work proposed. The earthwork plan shall show in detail that it will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations.

(2) The earthwork plan shall include the following information:

(a) General vicinity of the proposed site;

(b) Property limits and accurate contours of existing ground and details terrain and area drainage.

(c) Limiting dimensions, elevations or finished contours to be achieved by the earthwork, and proposed drainage channels and related construction.

(d) Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains.

(e) Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen (15’) feet of the property, or which may be affected by the proposed grading operations.

(f) Erosion control methods to be utilized.

Statutory Reference: ORS

History: Ord. 1227 §1, 1996.

15.06.030 Supplemental reports—When required.

(1) An earthwork plan shall be accompanied by supporting data consisting of a soil engineer report and engineering geology report and shall be prepared by a civil engineer when:

(a) The application is for earthwork in excess of 5,000 cubic yards; or

(b) When earthwork affects one acre or more of land;

(c) The City Administrator, or his designee, has cause to believe that significant erosion or geologic factors may be involved in the earthwork operation.

(2) The soil engineering report required by subsection (1) of this section shall be prepared by a civil engineer and shall include data regarding nature, distribution and strength of existing soils, conclusions and recommendations for earthwork procedures, and design criteria for corrective measures when necessary and opinions and recommendations covering adequacy of sites to be developed by the proposed earthwork.

(3) The engineering geology report required by subsection (1) of this section shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations concerning the adequacy of sites to be developed by the proposed earthwork.

(4) Recommendations included in the soil engineering report and the engineering geology report approved by the City Administrator or his designee shall be incorporated in earthwork plans and specifications.

Statutory Reference: ORS

History: Ord. 1227 §1, 1996.

15.06.040 Erosion control standards.

(1) For all properties within the City of Gladstone that are located within the boundaries of the Oak Lodge Sanitary District, said district shall administer all substantive regulations applicable to erosion control. In this administration, Oak Lodge Sanitary District shall apply the same standards and follow the same procedures as those applied elsewhere within its jurisdiction. The City of Gladstone consents to the application of Oak Lodge Sanitary District’s erosion control standards.

(2) For all other properties, Clackamas County Service District No. 1 shall administer all substantive regulations applicable to erosion control pursuant to a contract between the City of Gladstone and Clackamas County Service District No. 1. The contract is attached as Exhibit “A” and is incorporated herein by reference. In this administration, Clackamas County Service District No. 1 shall apply the same standards and follow the same procedures as those applied elsewhere within its jurisdiction. The City of Gladstone consents to the application of the Clackamas County Service District No. 1’s erosion control standards.

Statutory Reference: ORS

History: Ord. 1227 §1, 1996; Ord. 1321 §1, 2001.

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]

15.06.050 Protection of streets.

Dragging, dropping, tracking or otherwise placing or depositing or permitting to be deposited mud, dirt, rock or other debris from a building construction site or earthwork site upon a public street is prohibited.

Statutory Reference: ORS

History: Ord. 1227 §1, 1996.

15.06.060 Site requirements.

All construction and building sites and any place where earthwork is being performed shall comply with the following provisions:

(1) A single access point to the site must be established and used, unless otherwise approved by the City Administrator or his designee.

(2) At the first day of building, construction or earthwork operations, a sufficient driveway length must be constructed at the access point, with crushed rock of at least 6” thickness. The rock must begin at the curb line and extend to a sufficient length to prevent vehicles from driving over muddy areas or to accommodate a vehicle while the tires are washed to remove the mud.

(3) To prevent excessive mud from being transmitted to the street, the City Administrator or his designee may require that vehicles and tires be washed prior to vehicles leaving the site.

Statutory Reference: ORS

History: Ord. 1227 §1, 1996.

15.06.070 Monitoring and reporting requirements.

(1) The contractor is responsible for the following monitoring and reporting requirements:

(a) Inspect erosion control facilities at least once every 7 days and within 24 hours after any storm with precipitation greater than 0.5 inches per 24 hour period.

(b) Inspect erosion control facilities daily during stormy periods or during periods of snow melt.

(c) Visibly monitor storm water runoff to evaluate the effectiveness of the erosion control facilities or practices. If visible quantities of sediment are leaving the property, take corrective action immediately.

(d) The contractor shall keep a record of inspections. Uncontrolled releases of mud or muddy water, or measurable quantities of sediment found off the site shall be recorded with a brief explanation as to the measures taken to prevent future releases as well as any measures taken to clean up the sediment that has left the site. This record shall be made available to the city and the Oregon Department of Environmental Quality upon request and shall be submitted to the city upon final completion of the work.

Statutory Reference: ORS

History: Ord. 1227 §1 (pan), 1996.

15.06.080 Abatement and penalties.

(1) Whenever any work is being done contrary to the provisions of this chapter, the City Administrator or his designee may issue a stop work order as in Section 202(e) of the Oregon State Structural Code and Fire and Life Safety Code.

(2) The city shall abate any violation, or the consequences of any violation, of any provision of this chapter or the terms or conditions of any permit granted thereunder where:

(a) Such violations results, or may result, in a condition which may pose an imminent threat of injury to persons or property; or

(b) Any person, after receiving notice from the city to cease and desist from such violations, fails, refuses or neglects to comply with such notice within 5 days of the date of mailing or personal service of notice; or

(c) Any person, after receiving notice, fails, refuses, or neglects to clean up, repair, correct or otherwise mitigate the effects of a violation within 5 days of the date of mailing or personal service of the notice.

(3) The permit holder and any person violating this chapter shall be jointly and severally liable for all costs and expenses incurred by the city for actions taken pursuant to this section. Costs and expenses shall include, but not be limited to, any and all direct costs and expenses relating to personal salaries and benefits, equipment costs, including operation and maintenance, overhead, rent, interest, fees for experts and consultants, legal costs and expenses including reasonable attorneys fees, costs of delay or other city projects directly attributable to shifts of personnel and equipment to actions taken under this section, claims against the city as a consequence of such violations and procedures associated with collecting monies due hereunder.

(4) Violation of the requirements of this chapter also constitute a Class A Infraction. Each day a violation continues shall constitute a separate offense.

Statutory Reference: ORS

History: Ord. 1227 §1, 1996.

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]