11/28/16 Council Agenda Packet - Laserfiche WebLink

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(d) Dewatering. Notwithstanding the foregoing, the following activities shall be exempt from the provisions of sections 6.625 to 6.645: (I) actions by a public utility, the city, or any other governmental agency to remove or alleviate an emergency condition, restore utility service, or reopen a public thoroughfare to traffic; or (ii) actions by any other person when the city determines, and documents in writing, that the actions are necessary to remove or alleviate an emergency condition, restore utility service, or reopen a public thoroughfare to traffic. (2) Compliance. Regardless of whether a permit is required under section 6.635, \[N\]no person shall engage in any construction \[related\] activity covered by subsection (1) in a manner that can potentially impact water quality, adjacent properties or stormwater related natural resource areas except as allowed by this code. All persons shall implement erosion prevention and sediment control measures designed to meet the outcomes established in administrative rules promulgated by the city manager. Failure to meet those outcomes shall subject the person to the same enforcement provisions as those applicable to a permit holder under section 6.640. Section 4. Section 6.635 of the Eugene Code, 1971, is amended to provide as follows: 6.635 Erosion Prevention - Permits . (1) Erosion Prevention Permit. (a) Permit required. Except as otherwise provided in subsection (3) below, no person shall commence any construction \[related\] activity without first obtaining from the city one of the erosion prevention permits listed in subparagraph (b) if the construction \[related\] activity: 1. Disturbs one or more acres of land \[at any one time\] by one or more phases of development, and the disturbance is located on the same parcel of land or on contiguous parcels of land under the same ownership; \[or\] 2. Is located in a sensitive area. The criteria for classifying sites, and the classification of such sites as sensitive areas shall be established in administrative rules issued by the city manager\[.\]; or 3. Disturbs more than 5,000 cubic feet of material during one or more phases of development. (b) Permit classifications. The city manager may issue \[all of\] the following types of permits, \[any\] eitherof which will meet the requirements of subsection (a) of this section: 1. Individual permit. A person, property owner or easement holder of record may obtain an \[separate\] individual permit for each construction activity on the same \[parcel of land\] Ordinance - Page 4 of 8 {00201894;3 }