Chapter 12.08
GRADING AND EROSION CONTROL
Sections:
12.08.030 Erosion prevention and control findings.
12.08.050 Purpose and general requirement.
12.08.060 Erosion prevention and control plan required.
12.08.070 Submission of erosion control plan.
12.08.080 Review and approval.
12.08.090 Design and operation standards and requirements.
12.08.100 Maintenance of control measures.
12.08.110 Hazards on private property.
12.08.120 Review of city engineer decisions.
12.08.130 Violation – Injunctive relief – Other remedies.
Prior legislation: Ords. 83-9, 84-3 and 96-16.
12.08.010 Adoption of Appendix Chapter 33, Uniform Building Code.
Repealed by Ord. 2022-17. (Ord. 2000-04 § 1; Ord. 97-13 § 1)
12.08.020 Revisions to Uniform Building Code.
Repealed by Ord. 2022-17. (Ord. 2002-09 § 3; Ord. 2000-04 § 2; Ord. 97-13 § 1)
12.08.030 Erosion prevention and control findings.
A. Excessive quantities of soil may erode from areas undergoing development for uses including but not limited to the construction of dwelling units, commercial and other buildings, and industrial plants, the construction of roads and highways, the modification of stream channels and drainage ways, and the creation of recreational facilities.
B. The washing, blowing, and falling of eroded soils across and upon streets and roads endangers the health of users thereof by decreasing vision and reducing traction of road vehicles.
C. Soil erosion necessitates the costly repairing of gullies, washed-out fills, and embankments.
D. Sediment from soil erosion tends to clog storm drains and ditches and to pollute and silt up rivers, streams, wetlands, lakes, and wastewater treatment settling ponds.
E. Sediment limits the use of bays, lakes, and waterways for most beneficial purposes, destroys fish and other desirable aquatic life, leads to excessive growth of undesirable aquatic plants, and is costly and difficult to remove. (Ord. 97-13 § 1)
12.08.040 Definitions.
As used in LCMC 12.08.030 through 12.08.140:
“City engineer” means the city engineer or the city engineer’s designated representative.
“Clearing” means any activity that removes vegetative groundcover.
“Erosion” and “soil erosion” mean the wearing away of the land surface by running water, wind, ice, or other geologic agents, including such processes as gravitational creep; and detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
“Erosion Prevention and Control Manual” means the Erosion Prevention and Control Manual as approved and amended from time to time by resolution of the city council. Copies of the manual shall be available for purchase from the department of public works.
“Excavation” means any act by which organic matter, earth, sand, gravel, rock, or any other material is cut into, dug, uncovered, removed, displaced, relocated, or bulldozed by a person, including the conditions resulting therefrom.
“Fill” means any act by which earth, sand, gravel, rock, or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved by a person to a new location, including the conditions resulting therefrom.
“Grading” means excavation or fill or any combination thereof.
“Land disturbing activity” means any clearing, grading, stripping, excavation, fill, or any combination thereof.
“Sedimentation” means the depositing of solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, or gravity.
“Stripping” means any activity that removes the vegetative surface cover including tree removal, clearing, and storage or removal of top soil.
“Watercourse” means any established channel where water draining from a land area collects and flows on the ground surface. (Ord. 97-13 § 1)
12.08.050 Purpose and general requirement.
A. It is the purpose of LCMC 12.08.030 through 12.08.100 to regulate land disturbing activities that may lead to soil erosion and sedimentation into watercourses, wetlands, riparian areas, and public and private property.
B. No land disturbing activity shall be conducted so as to cause slides of mud, soil, rock, vegetative material, or any erosional or depositional material to be pushed onto, deposited upon, or gravitated to the property of another, either public or private. (Ord. 97-13 § 1)
12.08.060 Erosion prevention and control plan required.
A. Plan Required. Except as otherwise provided in subsection (B) of this section, no person shall commence or perform any of the following activities without first receiving the city engineer’s approval of an erosion control plan:
1. Any land disturbing activity that will affect an area in excess of 1,000 square feet.
2. Any land disturbing activity that will affect an area in excess of 500 square feet if the activity is within 25 feet of a river, stream, lake, bay, watercourse, or wetland.
3. Any grading, excavation, fill, or any combination thereof that will exceed 50 cubic yards on a lot or parcel.
B. Exceptions. The following activities are exempt from the requirements of subsection (A) of this section:
1. Cutting brush where groundcover will remain intact.
2. Maintenance of public infrastructure by state or local government agencies. State and local government agencies, however, shall implement best management practices to prevent erosion and control sediment; and shall make regular inspections to ascertain that erosion and sediment control measures consistent with best management practices have been implemented and are being effectively maintained.
3. Emergency measures taken to clear roadways or to save endangered property. (Ord. 97-13 § 1)
12.08.070 Submission of erosion control plan.
In the event an erosion control plan is required by LCMC 12.08.060, the owner of the land or the owner’s agent shall submit an erosion control plan to the department of public works on a site plan at a scale sufficient to indicate the nature and extent of the work. The plan shall be prepared in accord with LCMC 12.08.030 through 12.08.100 using methods and standards shown in the Erosion Prevention and Control Manual. Each erosion control plan shall include a certification that any land disturbing activity will be in accord with the submitted and approved erosion control plan. The erosion control plan shall contain the following information:
A. The location of the development site showing adjacent roads and streets and the development site boundaries.
B. Indication of north direction.
C. Any lakes, bays, rivers, streams, wetlands, channels, ditches, or other watercourses on and immediately adjacent to the development site.
D. Areas where existing vegetative cover will be retained and measures to protect vegetation from damage.
E. Accurate location, size, and shape of proposed and existing structures.
F. Direction of surface water flows.
G. Indication of slope steepness or existing and proposed contours at intervals of two feet or as approved by the city engineer.
H. Location of construction access driveway(s) and designated vehicle parking area(s).
I. Location of soil stockpiles.
J. Type and location of temporary and permanent erosion and sediment control measures, such as, but not limited to, silt fencing, matting, straw bales, mulching, seeding, and sodding.
K. A schedule of construction operations and phasing.
L. The name(s), address(es), and telephone number(s) of the owner of the land, the developer of the site, and the person responsible for placement and maintenance of temporary and permanent erosion control measures.
M. The general slope characteristics of adjacent property. (Ord. 2022-17 § 2; Ord. 97-13 § 1)
12.08.080 Review and approval.
The city engineer shall review each erosion control plan to determine whether it conforms to the provisions of LCMC 12.08.030 through 12.08.100. After receipt of a complete erosion control plan and following final review of the plan, the city engineer shall, in writing:
A. Approve the plan, if the plan conforms to the provisions of LCMC 12.08.030 through 12.08.100;
B. Approve the plan, subject to such reasonable conditions as may be necessary for the plan to conform to the provisions of LCMC 12.08.030 through 12.08.100; or
C. Disapprove the plan, if the plan, either as submitted or with conditions, does not conform to the provisions of LCMC 12.08.030 through 12.08.100. A disapproval shall indicate the appeal procedure provided for in this chapter and the procedure for submitting a revised erosion control plan. (Ord. 97-13 § 1)
12.08.090 Design and operation standards and requirements.
All land disturbing activities that are subject to the erosion control plan approval requirements of LCMC 12.08.060 shall be subject to the following standards and requirements:
A. Prior to initiation of land disturbing activities, on-site sediment barriers, including sediment fences or equivalent measures, shall be constructed and functional to control off-site runoff, as specified in the Erosion Prevention and Control Manual. Vegetated strips with a minimum width of 25 feet may be used as an alternative only where runoff in sheet flow is expected.
B. Disturbed areas shall be stabilized with temporary or permanent measures within seven calendar days, or as otherwise required by the city engineer, following the end of active disturbance, or redisturbance, consistent with the following criteria:
1. Appropriate temporary or permanent stabilization measures shall include matting, seeding, mulching, sodding, or nonvegetative measures, or a combination thereof.
2. Areas having slopes greater than 12 percent shall be stabilized with sod, mat, or blanket in combination with seeding, or an equivalent thereto.
C. Land disturbing activities in stream channels and riparian areas shall be avoided unless the city engineer determines there are no other points of access. If the city engineer determines such activities cannot be avoided, the following requirements shall be met:
1. Construction vehicles shall be kept out of the stream channel to the maximum extent possible. Where construction crossings are necessary, temporary crossings shall be constructed of non-erosive material, such as rip-rap or gravel.
2. The riparian area shall have erosion protection measures in place within 24 hours of disturbance, which time may be extended to a maximum of 48 hours at the discretion of the city engineer.
3. All required local, state, and federal permits shall be received prior to the activity.
D. Storm sewer inlets and culverts shall be protected by sediment traps or filter barriers meeting design standards and specifications approved by the city engineer.
E. Soil storage piles containing more than 10 cubic yards of material shall not be located with a down slope drainage length of less than 25 feet to a roadway or drainage channel. Filter barriers or impervious covering shall be installed to prevent or contain sediment runoff.
F. Each site shall have a graveled, or equivalent, entrance road(s) of sufficient length, depth, and width to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private roadway shall be removed by shoveling or street cleaning (not flushing) before the end of each workday and transported to a controlled sediment deposit area.
G. All temporary erosion and sediment control measures shall be disposed of within 30 days after final site stabilization is achieved with permanent soil stabilization measures. Trapped sediment and other disturbed soils resulting from the disposed-of temporary measures shall be permanently stabilized to prevent further erosion and sedimentation. (Ord. 2000-04 § 3; Ord. 97-13 § 1)
12.08.100 Maintenance of control measures.
A. The owner of land on which land disturbing activities are occurring, or the owner’s agent, shall maintain all erosion and sediment control measures necessary to meet the requirements of LCMC 12.08.030 through this section. The land owner or the land owner’s agent shall inspect erosion and sediment control measures every 24 hours during storm or rain events to ensure the measures are functioning properly.
B. The city engineer shall make regular inspections to ascertain that erosion and sediment control measures as proposed in the erosion control plan have been implemented and are being effectively maintained. (Ord. 97-13 § 1)
12.08.110 Hazards on private property.
If the city engineer becomes aware of or is notified of any land containing disturbed soil areas, or containing unprotected soil storage piles, creating erosion and sedimentation that affects property of another or is in violation of any provision of this chapter, the city engineer shall require the land owner to follow procedures and employ practices set out in this chapter to control the erosion and sedimentation. The land owner shall follow the required procedures and employ the required practices. (Ord. 97-13 § 1)
12.08.120 Review of city engineer decisions.
A professional judgment decision made by the city engineer under this chapter may be appealed by the owner, the owner’s agent or representative, or any other person subject to the decision, to a five person grading and erosion control review board appointed by the city council. The appeal shall be submitted in writing to the department of public works and shall state the relevant facts and the basis for the appeal. The decision of the review board shall be rendered within seven days of an appeal, shall be consistent with the provisions of this chapter, and shall not be subject to further appeal within the city government. A decision of the city engineer shall be fully effective while an appeal is pending. (Ord. 97-13 § 1)
12.08.130 Violation – Injunctive relief – Other remedies.
A. Any violation of any provision of this chapter is classified as a Class B violation under Chapter 1.16 LCMC. Any violation may be enforced in accord with the provisions of Chapter 1.16 LCMC.
B. The city shall have, in addition to the remedies available under Chapter 1.16 LCMC, all other remedies allowed by the city’s ordinances and the laws of the state, including but not limited to the remedy of injunctive relief necessary to prevent violations of this chapter.
C. If the city engineer determines that a violation of this chapter has occurred, the city engineer may notify the owner of the land and the developer, general agent, architect, builder, contractor, or other person or entity who has participated in committing the violation, or any of them, to cease all further development until such time as the violation has been remedied, and the person or persons notified shall cease further development. If development continues in disregard of notice from the city engineer, the city may seek an injunction to stop further development until the violation is remedied.
D. If the city engineer determines that a violation of this chapter has occurred, the city engineer shall give written notice to the owner of the land and the developer, general agent, architect, builder, contractor, or other person or entity who has participated in committing the violation, or any of them, that a violation has occurred and that the violation must be remedied within a time specified. The amount of time to remedy the violation shall depend on the nature of the violation, the circumstance then existing, and whether an emergency exists. In the event of noncompliance within the time set by the city engineer, the city may take remedial steps to cure the violation and charge the costs, fees, and expenses of the remedial action to the owner of the land. This shall include any expenses, costs, and fees paid by the city to third persons for labor and materials to remedy the violation. Charges made under this subsection shall be a lien against the real property on which the violation arises, and the city recorder is authorized to enter the amount of such charges immediately in the docket of city liens. (Ord. 2015-10 §§ 5, 6; Ord. 97-13 § 1)
12.08.140 Education.
Repealed by Ord. 2022-17. (Ord. 97-13 § 1)
12.08.150 Erosion prevention and sediment control within urban growth boundary.
Repealed by Ord. 2022-17. (Ord. 97-14 § 1)