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HomeMy WebLinkAboutOrdinance No. 20570 COUNCIL ORDINANCENO. 20570 COUNCIL BILL 5160 AN ORDINANCE CONCERNING EROSION PREVENTION AND AMENDING SECTIONS 6.406, 6.625, 6.630, 6.635, AND 6.640 OF THE EUGENE CODE, 1971. ADOPTED:December 12, 2016 SIGNED:December 19, 2016 PASSED:8:0 REJECTED: OPPOSED: ABSENT: EFFECTIVE: January 19, 2017 ORDINANCE NO. 20570 AN ORDINANCE CONCERNING EROSION PREVENTION AND AMENDING SECTIONS 6.406, 6.625, 6.630, 6.635, AND 6.640 OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The following definitions in Section 6.406 of the Eugene Code, 1971, are amended to provide as follows: 6.406 Definitions . For purposes of sections 6.401 through 6.645, unless the context requires otherwise words and phrases shall have the meaning ascribed to them. In interpreting the meaning of words in a definition, other definitions of that word in this Code may be considered: City stormwater system . Those stormwater facilities located on city-owned property, city right-of-way, city easements and any stormwater facility the city is contractually or legally obligated to operate and maintain, including but not limited to: (a) An open drainage way, headwater stream, creek, wetland, spring, or pond, including those not maintained by the city which drain onto city- owned property or into city maintained facilities; (b) A pipe or sewer and its related appurtenances that convey stormwater and have been designed and constructed expressly for use by the general public and accepted by the city; (c) Streets, curbs and gutters and other surfaces in the public way which are designed to carry stormwater, roadside drainage ditches along unimproved city streets but not access drive culverts; and (d) Flood control and stormwater quality facilities (levees, dikes, overflow channels, conveyance swales, infiltration facilities, stormwater facilities, water quality facilities, detention basins, retention basins, dams, pump stations, groundwater recharge basins, sediment basins, vegetated buffers, wetlands, etc.) that have been designated, and constructed expressly for use by the general public and accepted by the city. Construction related materials . Potential water quality pollutants that are used or created during construction activities including, but not limited to, off- site deposits of sediments by vehicles (e.g., tracking, spilling), building material wastes (e.g., scrap metals, rubber, plastic, glass, masonry, wood; paints and thinners; packaging materials; insulation, plaster grout); hazardous substances (e.g., petroleum products, cleaning solvents, chemical Ordinance - Page 1 of 7 additives, concrete curing compounds, acids for cleaning masonry surfaces, paints, thinners); and concrete washout. Construction site management plan (CSMP) .A set of maps, data, drawings, specifications and narrative that describes expected runoff from new construction sites, and establishes best management practices or equivalent measures to be taken for preventing erosion and controlling sediments, surface runoff and other pollutants from construction activities. For purposes of sections 6.401 through 6.645, the CSMP serves as the City (ESCP) required by the Oregon Department of Environmental Quality and the Stormwater Pollution Prevention Plan (SWPPP) required by the United Stated Environmental Protection Agency. Dewatering . The removal and disposal of surface water or groundwater during construction or for the purpose of facilitating construction. Jurisdictional wetland . An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and which under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs and similar areas. Any parcel or portion of a parcel which meets the state or federal definition of wetlands that are under the jurisdiction of state or federal laws. Synonymous with "wetland." Minor recurring activities . Repetitive minor construction, maintenance and operational activities on existing infrastructure that are performed as part of an overall work plan or program when no individual disturbance exceeds more than 500 square feet of land area and 50 cubic yards of fill or excavated material. Examples include, but are not limited to, connections and extensions of utility service, repair of utility and infrastructure facilities, Stormwater facilities. Any structure or configuration of the ground that is used or by its location becomes a place where stormwater flows or is accumulated including but not limited to pipes, sewers, curbs, gutters, manholes, catch basins, ponds, open drainage ways, runoff control facilities, water quality facilities, wetlands and their appurtenances. Stormwater related natural resource areas . Areas located within or adjacent to the city's stormwater system, such as waterways, wetlands, conservation zones or easements and riparian areas, which, due to their location, topography, vegetation, or other factors provide one or more of the following stormwater functions: flood control, streambank stabilization and water quality treatment, including pollutant removal, shading and temperature stabilization. Ordinance - Page 2 of 7 Wetland . An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and which under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs and similar areas. Any parcel or portion of a parcel which meets state or federal definition of wetlands that are under the jurisdiction of state or federal laws. Synonymous with "jurisdictional wetland." Section 2. Section 6.625 of the Eugene Code, 1971, is amended to provide as follows: 6.625 Erosion Prevention - Purpose . Sections 6.625 to 6.645, and the rules issued thereunder, are intended to restrict the discharge of sediments or other construction related materials, including hazardous substances as defined in section 6.340, into the city's stormwater system in order to: (a) Prevent or minimize, to the maximum extent practicable, negative impacts to adjacent properties, water quality, and stormwater related natural resource areas resulting from construction activities; and (b) Maintain the capacity of the city's stormwater system by minimizing sedimentation. Section 3. Section 6.630 of the Eugene Code, 1971, is amended to provide as follows: 6.630 Erosion Prevention - Applicability and Compliance . (1) Scope. The provisions of sections 6.625 to 6.645, and the rules issued thereunder, apply to all construction activities that result in any one or all of the following: (a) Land disturbance, including, but not limited to clearing, grading, grubbing, logging, excavating, filling, and storing of materials; (b) Structural development or demolition, including, but not limited to buildings, bridges, roads, and other infrastructure; (c) Impervious surfaces, including, but not limited to parking lots, driveways, walkways, and patios; or (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 Ordinance - Page 3 of 7 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, no person shall engage in any construction 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 activity without first obtaining from the city one of the erosion prevention permits listed in subparagraph (b) if the construction activity: 1. Disturbs one or more acres of land 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; 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 the following types of permits, either of 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 individual permit for each construction activity on the same development site (as defined at EC 9.0500), or for multiple construction activities proposed in connection with a development project on the same development site, including utility work, public improvements, private infrastructure, structures, and other site improvements. Ordinance - Page 4 of 7 2. Annual permit. A person, property owner or easement holder of record may obtain an annual permit for minor recurring activities occurring on one or more development sites. (c) Application. The application for an erosion prevention permit shall be accompanied by: 1. Fee. A fee established by the city manager pursuant to section 2.020 of this code in an amount sufficient to recover the city's administrative costs. 2. Construction site management plan for individual permits. A construction site management plan prepared by a certified professional(s) designated by the manager in rules adopted hereunder. The construction site management plan need not be prepared by a certified professional if the development is one (1) single family dwelling or one (1) duplex dwelling. The approved construction site management plan shall be kept at the construction site and available for on-site inspection purposes. The construction site management plan shall identify: potential water quality impacts associated with the proposed construction activities; techniques and methods to be used to prevent and control erosion, sedimentation, and other pollutants associated with construction activity; and the location, design, and construction schedule for all erosion, sedimentation, and other construction site management control measures to be implemented and maintained. 3. Work, scope and practices for annual permit. No construction site management plan shall be required for an annual permit. Instead, the applicant shall provide a narrative description of the scope of work to be performed and the practices employed for meeting the requirements of sections 6.625 to 6.645 of this code. A copy of the annual permit and narrative shall be kept at the site and available for on-site inspection purposes. (d) Review and Issuance. The application for the erosion prevention permit shall be reviewed by the city and approved, approved with conditions, or denied, based on criteria set forth in rules adopted by the city manager. The criteria to be adopted shall be designed to achieve the objectives listed in section 6.625. Issuance of an erosion prevention permit may be subject to conditions imposed by the city including, but not limited to, specific erosion and sedimentation prevention measures and schedules. (e) Permit Duration. 1. An individual erosion prevention permit shall remain in effect for the full period of the construction activity. The manager may extend the duration of the permit for a period of up to, Ordinance - Page 5 of 7 but not to exceed, two years after completion of the construction activity if the manager determines the extension is necessary to ensure that the construction activity has stabilized in accordance with the outcomes identified in the administrative rules. 2. Annual permits may be issued for a full calendar year, and shall expire on or before December 31 of the year issued. Annual permits may not be extended. (2) Appeal. Within the time and in the manner prescribed in section 2.021 of this code, the owner or applicant for a permit may appeal: (a) The denial of a permit; (b) Any conditions imposed on a permit; (c) The determination that the property is located in a sensitive area; or (d) The denial of an extension of the duration of an individual permit under section 6.635(1)(e). (3) Waiver of Erosion Prevention Permit. Notwithstanding any other provisions of this section, the following activities shall not require an erosion prevention permit: (a) Construction activities involving the disturbance of less than 500 square feet of land surface area, or which consist of the excavation and/or fill of less than 20 cubic yards of material; (b) Issuance of permits and/or approvals for land divisions, interior improvements to an existing structure, or other approvals for which there is no physical disturbance to the surface of the land; and (c) Annual landscape maintenance activities on fully developed properties, necessary to maintain the existing developed landscape. This waiver applies only to the requirement to obtain an erosion prevention permit and shall not be construed as an exemption from any of the erosion prevention requirements of the Eugene Code, including but not limited to erosion prevention and sediment control measures designed to meet the outcomes established in administrative rules promulgated by the city manager. Section 5. Section 6.640 of the Eugene Code, 1971, is amended to provide as follows: 6.640 Erosion Prevention - Enforcement . (1) Enforcement Policy. The primary focus of sections 6.625 to 6.645 is to implement measures for preventing erosion and minimizing stormwater impact that will meet the outcomes established in administrative rules promulgated by the city manager, and the city will use the amount of Ordinance - Page 6 of 7