Citizens Involved

The Dunes City Council and the MSC subcommittee on soil and erosion control will meet Tuesday February 20th at 7 pm at Dunes City Hall.

The MSC subcommittee meeting is a work session.

It is open to the public but it is not a public hearing.

There will be an opportunity for comments by the CCI after the subcommittee and the MSC have completed their work in several weeks.

The documents below outline what will be discussed.

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Agenda by Jerry Wasserburg

PLEASE REVIEW THE THREE DOCUMENTS CAREFULLY - AND / OR PRINT.

 

AGENDA:

1)WHAT IS THE GENERAL CONTENT TO BE;

2)WHAT IS THE STRUCTURE OF THE DOCUMENT TO BE;

3)WHAT ARE THE MAJOR ISSUES THAT ARE MISSING IN ANY OF THE VERSIONS.

4) WHAT ARE SPECIFIC ISSUES THAT REQUIRE CLARIFICATION.

 

THE MEETING WILL BE OVER BY 9PM.

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1.111 Purpose The purpose of these standards is to reduce the amount of sediments reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity that accelerates erosion. The objective is to control erosion at its source in order to maintain and improve water quality and reduce downstream impacts.

Except as exempted under Dunes City Code 1.113, the standards in Chapter 1.100 of the Dunes City Code apply to all land use applications and development/building permits submitted after the effective date of this ordinance requesting approval of one or more of the following:

A. Land use applications

B. Development/Building Permit Applications

C. Grading Permit Applications

1.113 Exemptions: Requirements for an Erosion Control Plan (1.116, 1.117) do not apply to land use activities that will result in:

A. A land disturbance of less than (600) square feet within the area spanning 50 to 250 horizontal feet from the top of the bank of Woahink, Little Woahink, or Siltcoos Lake, any of their tributaries, or(significant) wetlands. Areas within the 50’ riparian corridors , shoreland zones, and wetland protection areas have special protections listed in Chapter 155.2.

B. For areas not included in A: the disturbance of land affecting less than (800) square feet area on slopes of 12 percent or less.

C. For areas not included in A or B: the disturbance of land affecting less than (1500) square feet of surface area.

In all cases of land disturbance the landowner is responsible for preventing erosion and sediment transport and is subject to requirements and penalties in sections 1.117 A 1,-5,7, 1.118 C, D , E , and 1.120.

1.114 Inspector Required The city shall appoint a City inspector with responsibility for evaluating erosion and sediment control plan implementation and effectiveness.

1.115 Erosion and Sediment Control Plan Submission Requirements under conditions of Sec. 1.112. The required Erosion and Sediment Control Plan shall include a description and scaled drawings that address:

A. The physical characteristics of the site, including a map of ground elevations shown by contour lines with two-foot contour intervals for ground slopes up to 12% and five-foot contour intervals for ground slopes exceeding 12%. Such ground elevations shall be related to some established benchmark or other datum approved by the County Surveyor. The map should also show the location of wetland, riparian, and water areas, and a description of the pertinent soil characteristics. Topographical mapping is not required on single lot development if it can be demonstrated that all land disturbance will occur on slopes of less than 6%. Plans for development activities that will result in the division of land may not be prepared pursuant to this subsection.

 

B. The nature of the proposed development, including any phasing plans, which may affect soils or create soil erosion. Areas of excavation, grubbing, clearing, stockpiling, or vegetation removal shall be specifically identified.

C. Specific erosion control measures and practices, selected from the April 2005 and subsequent revisions of the Oregon Department of Environmental Quality (DEQ) Erosion and Sediment Control Manual, to be used to demonstrate compliance with this ordinance.. This shall be the primary guide for establishing and reviewing erosion control techniques, methods, and requirements

E. All documents shall be submitted as paper copies and/or electronic media as requested by the planning secretary.

1.116 Approval Criteria. The Erosion and Sediment Control Plan shall be reviewed and approved by the Planning Commission, or its designee, with consultation by the City Engineer. The following conditions shall be satisfied prior to approval:

A. That the project has been designed to minimize disturbance of natural topography, native vegetation and soils.

B. That the site design maximizes the preservation of healthy trees, understory shrubs and ground cover.

C. That the plan complies with the applicable technical guidelines, as determined by the City Engineer in consultation with the Planning Commission. In the case of erosion control standards, the current DEQ Manual shall be the recognized authority, unless more stringent standards are required by Dunes City Code. At a minimum, the following shall be addressed in all Erosion and Sediment Control Plans:

1. Scheduling to minimize land disturbance during wet weather.

2. Covering or otherwise protecting stockpiles and bare soil.

3. Perimeter erosion controls as needed.

4. The slopes present on site and appropriate BMPs.

5. Site entrance and exit controls.

6. Preservation of existing vegetation.

7. Management of site runoff.

D. The plan was prepared by an engineer, engineering geologist licensed by the State of Oregon, or a professional hydrologist licensed by the State of Oregon. Except on a single lot or parcel on which the development activity will occur on slopes of less than 12 %, the plan may be prepared by the applicant utilizing best management practices from the ODEQ Erosion and Sediment Control Manual.

1.117 Erosion and Sediment Control Plan Standards. The required Erosion and Sediment Control Plan shall comply with the following standards:

A. Control Measures. Specific methods of soil erosion and sediment control shall be used during development and construction to minimize visible and measurable erosion and sediment transport. In no case shall soil erosion or sediment transport occur off of the construction site. These methods shall include all of the following:

1. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only.

 

2

Generally construction activities must avoid or minimize excavation and bare ground activities that occur on slopes greater than five (5) percent during the period of October 1 through May 31. Temporary stabilization of soils must be installed at the end of the shift before a holiday or weekend if needed based on weather forecast.

3. If all construction activities cease at the site for thirty (30) days or more, the entire site must be stabilized using vegetation or a heavy mulch layer, temporary seeding, or another method that does not require germination to control erosion. On any significant portion of the site, if construction activities cease for fifteen (15) days or more, temporary covering with straw or compost mulch or other covering to prevent soil or wind erosion must occur until work resumes.

 

5. No sediments or mud shall be tracked from the construction site on trucks or equipment. Sediments shall be cleaned from equipment on site.

6. Topsoil removal for development shall be stockpiled and reused on–site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure a minimum amount of stable topsoil for re–vegetation. Additional soil shall be provided if necessary to support re–vegetation.

7. The removal of all sediments that are carried off the site, or on to adjacent property, are the responsibility of the owner. The owner or his designee shall also be responsible for cleaning and repairing streets, catch basins, and adjacent properties, where sediments or mud affects such properties. In no case shall sediments be washed into storm drains, ditches, drainage ways, streams, wetlands or lakes.

B. Preservation and Restoration of Vegetation. Compliance with native vegetation removal and enhancement provisions of the Dunes City Code is required, see Ordinance 154. The owner shall be responsible for re–vegetating public and private open spaces, utility easements, and undeveloped rights–of–way in accordance with an approved Schedule of Installation. Vegetation shall be restored and preserved in the following manner:

1. If the vegetation existing prior to site development is non–native or invasive, it shall be replaced with native or non–invasive plant species

2. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation. Trees to be preserved shall have a marked buffer around the dripline. Disturbance within these boundaries shall be avoided.

3. No trees shall be removed in the development of a subdivision or partition except those within the designated rights-of-way and easements for utilities. All trees on individual building lots shall be retained until such time as plans are submitted for a building permit and approved as to specific locations of building pads, driveways and other aspects of land disturbance. An exception to this standard can be made by the planning commission as part of the subdivision or partition tentative plan, specifying which trees are to be removed and for what purpose. Trees shall not be used as anchors for stabilizing working equipment.

4. In areas designated for selective cutting, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place.

 

C. Schedule of Installation. A schedule of planned erosion and sediment control and re–vegetation measures shall be provided at the time of application submission, which sets forth the progress of construction activities, and mitigating erosion control measures.

D. On Site Representative. The owner shall designate a specific contact person to deal with issues regarding the Erosion and Sediment Control Plan.

E. Alternative Procedures. The Planning Commission, or its designee, in consultation with the City Engineer, may also develop more specific or appropriate procedures to implement erosion control measures as needed.

1.118 Plan Implementation Requirements. An approved Erosion and Sediment Control Plan shall be implemented and maintained as follows:

A. Plan Approval Prior to Clearing or Grading. No grading, clearing, or excavation of land requiring an Erosion and Sediment Control Plan shall be undertaken prior to submission of and approval of an Erosion and Sediment

Control Plan. Erosion control measures shall be installed prior to or concurrent with any stripping or excavation work. All road development prior to and during construction must follow the requirements established in the Erosion and Sediment Control Plan.

B. Implementation. The owner or his designee shall implement the measures and construct facilities contained in the approved Erosion and Sediment Control Plan in a timely manner and consistent with the following:

1. Upon completion of the installation or a phase of the installation the developer shall call for City inspection to certify that erosion control measures are installed in accordance with the Erosion and Sediment Control Plan.

2. During active construction, the owner or his designee shall inspect erosion control measures daily during rainy periods and report the results to the city immediately if any of the standards of this ordinance are not met. In all cases, the owner shall be responsible for maintenance, adjustment, repair and replacement of erosion control measures to ensure that they are functioning properly without interruption.

3. Sediment shall be removed immediately from pavement surfaces. In the event that sediment is inadvertently deposited on adjacent property, in a wetland, stream, or lake, the owner or his designee shall contact the City to coordinate remedial actions as soon as possible.

4. Written and/or electronic records of all site inspections of erosion control measures shall be maintained and provided to the City monthly.

C. Correction of Ineffective Measures and Expedited Plans. The City Engineer shall require submission and approval of an Expedited Plan:

1. If the implementation of the approved plan, based on an inspection of the site by the City Inspector, does not fulfill the requirements of the approved Erosion and Sediment Control Plan, or

2. If the City, or owner, or owner designee finds that visible amounts of sediment have entered or is likely to enter public stormwater conveyances, streams, lake waters, wetlands, or neighboring property as a result of any soil disturbing activity from development, an expedited Erosion and Sediment Control Plan shall be required of the property owner. The property owner will be notified by the city, must take immediate corrective actions, and develop an Expedited Erosion and Sediment Control Plan to prevent recurrences in consultation with the City Engineer. This plan must be submitted within 5 days of notification of the finding. As used in this section, “visible or measurable sediment” shall include any of the following:

a. Deposition of soil or sediment exceeding one cubic foot in volume onto a public or private street, adjacent property, or into the surface water management system either by direct deposit, dropping, discharge or as a result of erosion.

b. Flows of water over exposures of bare soils resulting in

turbid or sediment–laden flows, or of evidence of erosion

on the site as seen in rivulets on bare soil slopes, where

the flow of water is not filtered or captured on the site.

c. Earth slides, mudflows, earth sloughing, or other earth movement.

A modified and expedited Erosion and Sediment Control Plan shall be provided within five (5) working days of written notification by the City. The owner or his designee shall implement the expedited plan within five (5) working days of approval. In cases where serious erosion is occurring, the City Engineer may require the owner or his designee to install interim control measures immediately.

D. Emergency Measures. If the health or safety of residents or the community is threatened, excavation or grading can commence without prior notice to the city. In this case notice shall be provided to the city as immediately as possible.

E. Additional Standards. The following additional standards shall apply:

1. Construction within a stream bed shall be prohibited unless absolutely necessary to construct required public facilities and the owner has secured all required state and federal permits.

2. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged onto the ground, shall be protected from the weather, and shall be properly stored and

disposed of. Where the construction process results in or reveals soils contaminated with hazardous materials, petroleum products, or machine fluids, the owner or his designee shall remove all spill-contaminated soil from the site to an approved location. Spill kits are required with all construction machinery.

E. Duration of Maintenance. Continuing maintenance after development pursuant to the Erosion and Sediment Control Plan shall be the responsibility of the property owner.

1. Erosion control measures shall be maintained during construction. They shall be removed upon completion of soil stabilization if specified as a temporary measure. All measures installed as permanent shall comply with performance standards in Chapter XXX (Stormwater Ord.) of Dunes City Code.

2. Final recorded plats and subdivision maps shall indicate that all lots or parcels must be developed consistent with the Erosion and Sediment Control Plan and that the measures and improvements specified in the plan must be maintained by the owner of each lot or parcel.

3. The applicant or owner of any lot or parcel on which an Erosion Control Plan has been approved shall record on the title to the subject property a notification of the existence of the plan and of the obligation of subsequent landowners to refrain from interfering with such measures or improvements and to maintain them.

4. The plan will be available for review in the Planning Department files.

 

1.119 Enforcement. Failure to carry out the conditions and standards of erosion and sediment control set forth in this ordinance, shall be unlawful and a civil infraction subject to the enforcement provisions of Dunes City Code, Section 36.

A. Additional Penalties. In addition to those penalties available under Dunes City code, Section 36, the City Inspector or Planning Official may enforce the following additional penalties:

1. Issue a stop work order or suspend any development or building permit or the subject property, or deny occupancy of the subject property until erosion control measures have been installed properly and maintained in accordance with this ordinance. In the event costs are incurred by Dunes City to mitigate problems of erosion or sediment transport caused by the inadequacy of an Erosion and Sediment Control Plan or it’s application, all costs and penalties must be paid in full by the owner before work is resumed, permits reinstated, or occupancy permitted.

2. In the event costs incurred by Dunes City to mitigate erosion or sediment transport or penalties applied under this ordinance are not reimbursed to the city within xx days of notice of violation development or building permits can be revoked by the city.

 

B. The owner of the property from which the erosion and/or sediment transport occurs, together with any person or parties who cause such erosion, shall be responsible for mitigating the impacts of the erosion and for preventing future erosion. A property owner shall not be held responsible for the products of erosion or sediment transport that originate on other properties.

 

 

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1.111 Purpose The purpose of these standards is to preserve and enhance the unique water resources of Dunes City for the health, safety, and beneficial uses of residents and visitors. These uses include the ready availability of safe, pure drinking water for both Woahink residents and the numerous visitors who use the Lakes for recreational purposes and to enjoy the beauty of the environment. The objective of this ordinance is to control soil disturbance in order to prevent sediment from entering the water bodies of Dunes City by the application of proper planning of development activities and by mitigating sources of erosion. While these measures may place increased responsibility on developers and residents; the impact of inadequate erosion prevention and sediment control will be irreversible degradation of our waters.

1.112 Applicability Except as exempted under Dunes City Code 1.113, the standards in Chapter 1.100 of the Dunes City Code apply to all land use applications and development/building permits submitted after the effective date of this ordinance requesting approval of one or more of the following:

A. Land use applications – [list as appropriate, such as partitions, subdivisions, site review, PUDs, conditional use, etc]

B. Development/Building Permit Applications

C. Grading Permit Applications

1.113 Exemptions: The requirements and standards of Chapter 1.100 of the Dunes City Code do not apply to land use activities that will result in:

A. The disturbance of less than 1,200 square feet of land surface area, or

B. A land disturbance of less than 500 square feet within 100 horizontal

feet of the top of the bank of any wetland, lake, stream, river or

The disturbance of land or vegetation affecting less than 800 square feet land area on slopes of 12 percent or greater; or

The disturbance of land or vegetation affecting less than 800 square of land within 1,000 feet of Woahink, Little Woahink, or Siltcoos Lakes or any of their tributaries.

1.114 Inspector Required The city shall appoint a City inspector with responsibility for evaluating erosion and sediment control plan implementation and effectiveness.

1.115 Erosion and Sediment Control Plan Submission Requirements under conditions of Sec. 1.112. The required Erosion and Sediment Control Plan shall include a description and scaled drawings that address:

A. The physical characteristics of the site, including a map of existing topography using at least 5 foot contour intervals and a minimum of 2 foot contour intervals if there are slopes greater than 12 percent on the parcel. The map should also show the location of wetland, riparian, and water areas, and a description of the pertinent soil characteristics.

B. The nature of the proposed development, including any phasing plans, which may affect soils or create soil erosion. Areas of excavation, grubbing, clearing, stockpiling, or vegetation removal shall be specifically identified.

C. Specific erosion control measures and practices, selected from the April 2005 and subsequent revisions of the Oregon Department of Environmental Quality (DEQ) Erosion and Sediment Control Manual, to be used to demonstrate compliance with Section 1.114. The DEQ Manual shall be the primary guide for establishing and reviewing erosion control techniques, methods, and requirements

D. Written justification of how the Plan meets the Approval Standards in 1.114

E. All documents shall be submitted as both paper copies and/or electronic media as requested by the planning secretary.

1.116 Approval Criteria. The Erosion and Sediment Control Plan shall be reviewed and approved by the City Council, or its designee, with consultation by the City Engineer and shall determine that the following conditions are satisfied prior to approval:

A. That the project has been designed to minimize disturbance of natural topography, native vegetation and soils.

B. That the site design maximizes the preservation of healthy trees, understory shrubs and ground cover.

C. That the plan complies with the applicable technical guidelines, as determined by the City Engineer in consultation with the Planning Commission. In the case of erosion control standards, the current Oregon Department of Environmental Quality (DEQ) Erosion and Sediment Control Manual shall be the recognized authority, unless more stringent standards are required by Dunes City Code.

D. The plan was prepared by an engineer, engineering geologist licensed by the State of Oregon, or a professional hydrologist licensed by the State of Oregon.

E. On a single lot or parcel on which the development activity will occur on slopes of less than 15 %, the plan may be prepared by the applicant utilizing best management practices. Topographical mapping is not required on single lot development if it can be demonstrated that all land disturbance will occur on slopes of less than 6%. Plans for development activities that will result in the division of land may not be prepared pursuant to this subsection.

1.117 Erosion and Sediment Control Plan Standards. In addition to compliance with relevant portions of the Dunes City Code, the required Erosion and Sediment Control Plan shall comply with the following standards:

A. Control Measures. Specific methods of soil erosion and sediment control shall be used during development and construction to minimize visible and measurable erosion and sediment transport. In no case shall soil erosion or sediment transport occur off of the construction site. These methods shall include all of the following:

1. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only.

2. During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on–site. Temporary diversions, sediment basins, barriers, check dams, silt fences, or other methods shall be provided as necessary to hold sediment and runoff. All temporary erosion control measures shall be installed to comply with approved best management practices found in the current Oregon Department of Environmental Quality (DEQ) Erosion and Sediment Control Manual, (See Sec. 1.113 C.). Temporary measures must be removed when replaced by permanent measures as per approved Stormwater Management Plan.

3. The duration of exposure of bare soil shall be kept to a minimum during site development and construction. Visual signs of rutting or puddling of soil shall warrant suspension of work if there is evidence of sediment transport off subject property or into wetlands. All disturbed land areas that will remain unworked for twenty-one (21) days or more during construction shall be covered by weed-free straw mulch, bark, or erosion control sheeting. These erosion control measures must provide complete coverage of all bare soil surfaces.

4. Clearing, grading, and land excavation shall be phased to avoid wet weather work.. Grading that has potential to overwhelm erosion control measures, road or driveway construction, shall be prohibited during periods of frequent or heavy rains.

5. A stabilized pad of gravel shall be constructed and maintained at all entrances and exits to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site. No sediments or mud shall be tracked from the construction site on trucks or equipment. Sediments shall be washed from equipment on site.

6. Topsoil removal for development shall be stockpiled and reused on–site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure a minimum amount of stable topsoil for re–vegetation. Additional soil shall be provided if necessary to support re–vegetation.

7. The removal of all sediments that are carried off the site, or on to adjacent property, are the responsibility of the owner. The owner or his designee shall also be responsible for cleaning and repairing streets, catch basins, and adjacent properties, where sediments or mud affects such properties. In no case shall sediments be washed

into storm drains, ditches, drainage ways, streams, wetlands or lakes.

B. Preservation and Restoration of Vegetation. Compliance with native vegetation removal and enhancement provisions of the Dunes City Code is required, see Ordinance 154. The owner shall be responsible for re–vegetating public and private open spaces, utility easements, and undeveloped rights–of–way in accordance with an approved Schedule of Installation. Vegetation shall be restored and preserved in the following manner:

1. If the vegetation existing prior to site development is non–native or invasive, it shall be replaced with native or non–invasive plant species

2. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation. Trees to be preserved shall have a marked buffer around the drip. Disturbance within these boundaries shall be avoided.

3. Trees shall not be used as anchors for stabilizing working equipment.

4. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside of the work area.

5. In areas designated for selective cutting, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place.

 

C. Schedule of Installation. A schedule of planned erosion and sediment control and re–vegetation measures shall be provided at the time of application submission, which sets forth the progress of construction activities, and mitigating erosion control measures.

D. On Site Representative. The owner shall designate a specific person to carry out and oversee the Erosion and Sediment Control Plan.

E. Alternative Procedures. The City Council, or its designee, in consultation with the City Engineer, may also develop more specific or appropriate procedures to implement erosion control measures as needed.

1.118 Plan Implementation Requirements. An approved Erosion and Sediment Control Plan shall be implemented and maintained as follows:

A. Plan Approval Prior to Clearing or Grading. No grading, clearing, or excavation of land requiring an Erosion and Sediment Control Plan shall be undertaken prior to submission of and approval of an Erosion and Sediment

 

Control Plan. Erosion control measures shall be installed prior to any stripping or excavation work. All road development prior to and during construction must follow the requirements established in the erosion and sediment control plan.

B. Implementation. The owner or his designee shall implement the measures and construct facilities contained in the approved Erosion and Sediment Control Plan in a timely manner and consistent with the following:

1. Upon completion of the installation the developer shall call for City inspection to certify that erosion control measures are installed in accordance with the Erosion and Sediment Control Plan.

2. During active construction, the owner or his designee shall inspect erosion control measures daily during rainy periods and report the results to the city immediately if any of the standards of part 1.111 B are exceeded. In all cases, the owner shall be responsible for maintenance, adjustment, repair and replacement of erosion control measures to ensure that they are functioning properly without interruption.

3. Sediment shall be removed immediately from pavement surfaces, off–site drainage inlets, ditches and culverts. In the event that sediment is inadvertently deposited on adjacent property, in a wetland, stream, or lake, the owner or his designee shall contact the City Engineer and coordinate remedial actions with the City as soon as possible.

4. Written and/or electronic records of all site inspections of erosion control measures shall be maintained and provided to the City monthly.

Correction of Ineffective Measures and Expedited Plans.

1. If the implementation of the approved plan, based on an inspection of the site by the City Inspector, does not fulfill the requirements of the approved Erosion and Sediment Control Plan, or

2. If the City finds that visible amounts of sediment have entered or is likely to enter public stormwater conveyances, streams, or lake waters as a result of any soil disturbing activity from development, an expedited Erosion and Sediment Control Plan shall be required of the property owner. The property owner will be notified by the city, must take immediate corrective actions, and develop an Expedited Erosion and Sediment Control Plan to prevent recurrences in consultation with the City Engineer. This plan must be submitted within 5 days of notification of the finding. As used in this section, “visible or measurable sediment” shall include the following:

a. Deposition of soil or sediment exceeding one cubic foot in volume onto a public or private street, adjacent property, or into the surface water management system either by direct deposit, dropping, discharge or as a result of erosion.

b. Flows of water over exposures of bare soils resulting in

turbid or sediment–laden flows, or of evidence of erosion

on the site as seen in rivulets on bare soil slopes, where

the flow of water is not filtered or captured on the site.

c. Earth slides, mudflows, earth sloughing, or other earth movement.

3. The City Engineer shall require submission and approval of an Expedited Plan.

a. A modified and expedited Erosion and Sediment Control Plan shall be provided within five (5) working days of written notification by the City.

b. The owner or his designee shall implement the expedited plan within five (5) working days of approval.

c. In cases where serious erosion is occurring, the City Engineer may require the owner or his designee to install interim control measures immediately.

D. Emergency Measures. If the health or safety of residents or the community is threatened, excavation or grading can commence without prior notice to the city. In this case notice shall be provided to the city as immediately as possible.

E. Additional Standards. The following additional standards shall apply:

1. Construction within a stream bed shall be prohibited unless absolutely necessary to construct required public facilities.

2. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged onto the ground, shall be protected from the weather, and shall be properly stored and

disposed of. Where the construction process results in or reveals soils contaminated with hazardous materials, petroleum products, or machine fluids, the owner or his designee shall remove all spill-contaminated soil from the site to an approved location. Spill kits are required with all construction machinery.

E. Duration of Maintenance. Continuing maintenance after development pursuant to the Erosion and Sediment Control Plan and the Stormwater Management Plan shall be the responsibility of the property owner.

1. Erosion control measures shall be maintained during construction. They shall be either removed upon completion if specified as a temporary measure. Measures shall be maintained into perpetuity by property owner if incorporated into Stormwater Management Plan as a permanent installation. All measures installed as permanent shall comply with performance standards in Chapter XXX of Dunes City Code.

2. Final recorded plats and subdivision maps shall indicate that all lots or parcels must be developed consistent with the Erosion and Sediment Control Plan and that the measures and improvements specified in the plan must be maintained by the owner of each lot or parcel.

3. The applicant or owner of any lot or parcel on which an Erosion Control Plan has been approved shall record on the title to the subject property a notification of the existence of the plan and of the obligation of subsequent landowners to refrain from interfering with such measures or improvements and to maintain them.

4. The plan will be available for review in the Planning Department files.

1.119 Security. For all site reviews, planned unit developments, subdivisions, and partitions, after an Erosion Prevention and Sediment Control Plan is approved and prior to construction or grading, the applicant shall provide a performance bond or other financial guarantee in the amount of 120% of the value of the erosion prevention/control and/or water quality measures necessary to stabilize the site and maintain water quality. Any financial guarantee instrument proposed other than a performance bond shall be approved by the City Attorney.

A. Duration. The financial guarantee instrument shall be in effect for a period of at least one year, and shall be released when the City Inspector determines that the site has been stabilized. All or a portion of the security retained by the City may be withheld for a period of up to five years beyond the one-year maintenance period, if it has been determined by the City Inspector that the site has not been sufficiently stabilized against erosion or control measures are not operating as intended.

B. Exemptions. Individual lots zoned for single-family and multi-family residential use prior to the effective date of this Section, and individual lots subject to the erosion control plan stated in the requirements of Section 1.116 E of this ordinance shall be exempt from the security requirements of Section 1.119 of this ordinance.

C. Conflict. Due to the immediate threat to the public health, safety and welfare posed by failure to comply with the strict provisions of the erosion control measures required under this Section, the provisions of Section 1.119 shall supersede the more general provisions of the Dunes City Development Code, where they exist.

 

1.120 Enforcement. Failure to carry out the conditions and standards of erosion and sediment control set forth in this ordinance, shall be unlawful and a civil infraction subject to the enforcement provisions of Dunes City code, Section X.X.

A. Additional Penalties. In addition to those penalties available under Dunes City code, Section X.X, the City Council may enforce the following

additional penalties:

1. Issue a stop work order where erosion control measures are not being properly maintained or are not functioning properly due to faulty installation or neglect.

2. Revoke or suspend any development or building permit or the subject property, or deny occupancy of the subject property until erosion control measures have been installed properly and maintained in accordance with this ordinance.

B. The owner of the property from which the erosion and/or sediment transport occurs, together with any person or parties who cause such erosion, shall be responsible for mitigating the impacts of the erosion and for preventing future erosion. A property owner shall not be held responsible for the products of erosion or sediment transport that originate on other properties.

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Draft Erosion and Sediment Control Ordinance

1.111 Purpose The purpose of these standards is to restrict sediments, resulting from land disturbance, from intruding into any water bodies or onto any right-of-ways or crossing ownership property lines. The objective is to control erosion at its source in order to maintain and improve water quality and reduce downstream impacts.

In all cases of land disturbance the landowner is responsible for preventing erosion and sediment transport and is subject to requirements and penalties listed in this ordinance. Protection of Riparian Buffers is a vital part of erosion control and is addressed in Ordinance 154.

For all land disturbance of greater than 3000 square feet an Erosion Control Plan is required. There are three levels of Erosion Control Plans as follows:

A Simple Erosion Control Plan can be used for land disturbance of greater than 3000 square feet (sf) but less than 10,000 sf and on slopes of less than 15%. Note: This is to be a fill-in-the-blank form with a scaled map of area.

A Standard Erosion Control Plan is required for land disturbance greater than 10,000 sf or on slopes equal to or greater than 15%.

An Engineered Erosion Control Plan is required for land disturbance of greater than 43,560 sf (1 acre); or for land disturbance of 10,000 sf or greater and with slopes greater than 30%; or for roads that have over 15% slope for a length of 300’.

An Engineered Erosion Control Plan is to be prepared and stamped by an Oregon Registered Professional Engineer, an Oregon Registered Landscape Architect, or a Certified Professional in Erosion and Sediment Control (Soil and Water Conservation Society). (from 1200c)

1.113 Inspector Required The city shall appoint an Erosion Control Inspector (Inspector),

qualified in soil erosion techniques, with responsibility for approving and inspecting the Erosion Control Plan.

1.114 Erosion Control Plan Submission Requirements

The Erosion Control Plan shall address specific erosion control measures and practices selected from the April 2005 and subsequent revisions of the Oregon Department of Environmental Quality (DEQ) Erosion and Sediment Control Manual, to demonstrate compliance with this ordinance. This manual shall be the recognized authority, unless more stringent standards are required by Dunes City Code.

The following topics shall be addressed in all Erosion and Sediment Control Plans:

1. Description of project and machinery to be used.

2. Scheduling to minimize land disturbance during wet weather.

3. Covering or otherwise protecting bare soil during wet weather.

4. Perimeter erosion controls as needed.

5. Site entrance and exit sediment controls.

6. Preservation of existing vegetation.

7. Address specific BMP’s for slopes over 15%.

8. Designated on-site representative

9. Scaled drawing of lot, showing planned area of ground disturbance, riparian areas and waterways.

B. For projects that qualify under 1.112A: the Simple Erosion Control

Plan Form may be used.

 

C. For projects that require a Standard or Engineered Erosion Control Plan, the

following are required in addition to topics listed above under A:

1. Map w/ scaled drawings: show physical characteristics of the site, including a map of ground elevations shown by contour lines with five-foot intervals. Areas of excavation, grubbing, clearing, stockpiling, or vegetation removal shall be specifically identified. Show the location of shoreland areas, wetlands, creeks and other water bodies.

2. Site Description: address the existing condition of the site, including description of pertinent soil characteristics and existing vegetation.

1.115 Approval Criteria and Standards. The Erosion Control Plan shall be

reviewed and approved by the Inspector.

The following conditions and standards shall be satisfied and the following methods shall be included:

A. That the project has been designed to minimize disturbance of natural

topography and soils.

B. That the site design maximizes the preservation of healthy trees, understory

shrubs and ground cover. Protect Riparian buffers along waterways from any and all damage including cutting, machinery damage or falling debris. Compliance with native vegetation removal and enhancement provisions of the Dunes City Code is required, see Ordinance 154.

C. Land disturbance activities must be scheduled to minimize work during rainy periods and/or when the soils are saturated. Temporary stabilization of soils must be installed at the end of the shift if needed based on weather forecast.

D. If construction activities cease at the site for thirty (30) days or more on any significant portion of the site during the period of November 1 through April 30, all areas of the site must be stabilized to control erosion.

E. No sediments or mud shall be tracked from the construction site on trucks or equipment. Sediments shall be cleaned from equipment on site.

F. Topsoil removal for development shall be reused on–site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure a minimum amount of stable topsoil for re–vegetation. Additional soil shall be provided if necessary.

1.116 Plan Implementation Requirements. An approved Erosion Control Plan shall be implemented and maintained as follows:

A. Plan Approval. Plan approval is required prior to land disturbance.

B. Implementation. The owner or his designee shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner and consistent with the following:

1. Erosion control measures shall be installed prior to or concurrent with any stripping, excavation or road work. Upon completion of the installation or a phase of the installation the on-site representative shall call for City inspection to certify that erosion control measures are installed in accordance with the Erosion Control Plan. The Inspector may make impromptu visits to the site.

2. In all cases, the owner shall be responsible for maintenance of erosion control measures to ensure that they are functioning properly without interruption.

3. The removal of all sediments that are carried off the site are the responsibility of the owner. Sediment shall be removed immediately from road surfaces. The owner or his designee shall also be responsible for cleaning and repairing streets, catch basins, and adjacent properties where sediments or mud affects such properties. In no case shall sediments be washed into storm drains, ditches, drainage ways, streams, wetlands or lakes.

Correction of Ineffective Measures and Expedited Plans.

1. If the implementation of the approved plan, based on an inspection of the site by the Inspector, does not fulfill the requirements of the approved Erosion Control Plan the Inspector shall require immediate compliance, with remedial action to be completed within 72 hours.

2. In the event that visible amounts of sediment have been inadvertently deposited on adjacent property, on roadways, in a wetland, stream, or lake, the owner or his designee shall take remedial actions within 72 hours to correct the breech and is to notify the City within the same time period.

3. If the City finds that visible amounts of sediment have been deposited on adjacent property, on roadways, in a wetland, stream, or lake, the property owner has 48 hours to correct the problem in consultation with the City or be in violation.

In the event that the above remedies are ineffective a modified and expedited Erosion Control Plan shall be provided within five (5) working days of written notification by the City. This plan shall be done in consultation with the Erosion Control Inspector. This expedited plan shall address measures for the immediate erosion concern as well as prevention of future episodes. The owner or his designee shall implement the expedited plan within five (5) working days of approval.

As used in this ordinance “visible or measurable sediment” shall include any of the following:

a. Soil or sediment exceeding one cubic foot in volume.

b. Flows of water over exposures of bare soils resulting in turbid or sediment–laden flows, or of evidence of erosion on the site as seen in rivulets on bare soil slopes, where the flow of water is not filtered or captured on the site. (needs definition)

 

D. Emergency Measures. If the health or safety of residents or the community is threatened, excavation or grading can commence without prior notice to the city. In this case notice shall be provided to the city as immediately as possible.

E. Additional Standards. The following additional standards shall apply:

1. Pollutants such as fuels, lubricants, raw sewage, and other harmful materials shall not be discharged onto the ground, shall be protected from the weather, and shall be properly stored and disposed of. Where the construction process results in or reveals soils contaminated with hazardous materials or machine fluids, the owner or his designee shall remove all spill-contaminated soil from the site to an approved location. Spill kits are required with all construction machinery.

2. Construction within a stream bed shall be prohibited unless absolutely necessary to construct required public facilities and the owner has secured all required state and federal permits.

E. Duration of Maintenance. Continuing maintenance after development pursuant to the Erosion Control Plan shall be the responsibility of the property owner and shall be continued until disturbed areas are permanently stabilized. Temporary erosion control facilities constructed to control erosion shall be removed once the site is permanently stabilized.

In cases where the erosion control plan affects multiple individual lots, final

recorded plats and subdivision maps shall indicate that all lots or parcels must

be developed consistent with the Erosion Control Plan and that the measures

and improvements specified in the plan must be maintained by the owner of

each lot or parcel. (unsure if applies)

The plan will be available for review in the Planning Department files.

1.117 Enforcement. Failure to carry out the conditions and standards of erosion and sediment control set forth in this ordinance, shall be unlawful and a civil infraction subject to the enforcement provisions of Dunes City Code, Section 36.

A. Additional Penalties. In addition to those penalties available under Dunes City code, Section 36, the Inspector or Planning Official may enforce the following additional penalties:

1. Issue a stop work order or suspend any development or building permit on the subject property, or deny occupancy of the subject property until erosion control measures have been installed properly and maintained in accordance with this ordinance.

2. In the event costs are incurred by Dunes City to mitigate problems of erosion or sediment transport caused by the inadequacy of an Erosion Control Plan or it’s application, all costs and penalties must be paid in full by the owner before work is resumed, permits reinstated, or occupancy permitted.

In the event these costs incurred by Dunes City are not reimbursed to the city within xx days of notice of violation development or building permits can be revoked by the city and a lien may be issued on the property.

B. The owner of the property from which the erosion and/or sediment transport occurs, together with any person or parties who cause such erosion, shall be responsible for mitigating the impacts of the erosion and for preventing future erosion. A property owner shall not be held responsible for the products of erosion or sediment transport that originate on other properties.

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Tax Lot id : 

Site Location:

1.116 B Criteria: Check that item meets criteria

Initial Slope of work area does not exceed___________% Yes_______ No__________

Area of Disturbance does not exceed_________ square feet Yes_______ No__________

Area of Disturbance is not within ­­_____’ of waterways Yes_______ No__________

Land Disturbance is being kept to the minimum needed for project: Yes_______ No__________

Brief Description of Project:

Schedule of operations (minimize land disturbance during wet weather):

Planned BMP’s (as needed):

1. Wet Weather BMP’s

a. Methods for covering or otherwise protecting bare soil and stockpiles during wet weather:

 

b. Perimeter erosion controls and/or check dams as needed.

 

Site entrance and exit controls:

Preservation of existing vegetation, especially Riparian and Shoreline Vegetation:

5. Other BMP’s:

 

Designated On-Site Representative(s): _________________________________________________________

I will prevent sediment from intruding into any waterways of Dunes City

I will prevent sediment from intruding onto any right-of-way

I will prevent any sediment from leaving property in my ownership

I acknowledge that I have received a copy of the current Dunes City Erosion & Sediment Control Ordinance.

________________________________________________________________________________________________________

Owner’s Signature date

________________________________________________________________________________________________________

Owner’s Signature date

________________________________________________________________________________________________________

Contractor Signature date

Attach a scaled drawing of lot, planned area of ground disturbance.

Include in map areas of riparian vegetation and waterways.