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HomeMy WebLinkAboutOrdinance 6065 07/28/2003 . . . ORDINANCE NO. 6065 AN ORDINANCE AMENDING SECTION 8.300 ET SEQ, "GRADING" SPECIFICALLY SECTIONS 8.300, 8.308(1), 8.318(7) AND 8.334(1) OF THE SPRINGFIELD MUNICIPAL CODE TO ADD PERMIT SUBMITTAL REQUIREMENTS NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE WHEN A GRADING PERMIT IS SOUGHT PRIOR TO OR IN THE ABSENCE OF A PARTITION, SUBDIVISION OR SITE PLAN REVIEW DEVELOPMENT APPLICATION AND DECLARING AN EMERGENCY. The Common Council ofthe City of Springfield Finds as Follows: 1. "Grading" Section 8.300 through 8.338 of the Springfield Municipal Code provides specific rules and regulations to control excavating, grading, and earthwork construction including fills and embankments, establishes administrative procedure for issuance of permits, and the safeguarding of persons and properties against unreasonable hazard resulting from uncontrolled grading and excavation practice in the interest of protecting the public health, safety and general welfare. 2. The Springfield Development Code provides the Development Services Director the discretion to issue a Land and Drainage Alteration Permit (grading permit) in certain circumstances on property where a subdivision, partition or site plan application approval is pending. 3. It is in the interest of the City to protect the health, safety and welfare of the citizenry to require additional submittal and guarantee requirements when a grading permit is requested the absence of a partition, subdivision or site plan review application. NOW THEREFORE, BASED UPON THE FORGOING FINDINGS THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: 1. Section 8.300 "Grading" of the Springfield Municipal Code is hereby amended as follows: "8.300 General. Sections 8.300 to 8.338 sets forth specific rules and regulations to control excavating, grading and earthwork construction, including fills and embankments; establishes the administrative procedures for issuance of permits; and of safeguarding persons and property against unreasonable hazards resulting from uncontrolled grading and excavating practices in the interest of protecting the public health, safety and general welfare. . The permit issued by the City for this work is called the Land and Drainage Alteration Permit." 2. Section 8.308 "Grading Permit Conditions" of the Springfield Municipal Code is amended as follows: "(1) Execution ofa "hold harmless" clause on the permit as follows: "The permitee, for himself, his contractors, and employees, agrees that the approval of the grading permit in no manner presumes or implies the approval or terms of approval of any other future permit required by the City for the site and indemnifies and holds ORDINANCE Page 1 . . . approval and further agrees to save, indemnify and hold harmless the city of Springfield and its representatives from all liabilities, claims and judgments for damages by reason of injury or death to any person or persons, or damage to property from any cause whatsoever while in, upon, or in any way connected with the work covered by this grading permit, and does further agree to defend the city in any claim arising out of or as a result of the work done under this permit."" 3. Section 8.318 "General Regulations" of the Springfield Municipal Code is amended as follows: "(7) All grading done under sections 8.300 to 8.338 must substantially conform to the design and layout of tOO any approved or conditionally approved preliminary or tentative plan and violation of this clause may be grounds for suspension or revocation of the grading permit as prescribed in section 8.330 of this code, as well as being subject to the penalty provisions of this code. Exception: If an applicant requests a grading permit in the absence of an approved or conditionally approved preliminary or tentative development plan, the following requirements shall apply: (a) The grading shall not result in the need to extend public storm systems to the site or to alter, reconstruct or redirect any existing public open-water stormwater facility. (b) The permit application shall contain the following additional information: I. The name, location, dimensions, direction of flow and top of bank of all adjacent watercourses including those that are shown on the city's Water Quality Limited Watercourse Map; II. The 100-year floodplain and floodway boundaries and areas of special flood hazard designated by the City Engineer as susceptible to inundation of water from any source that may affect the site. If fill occurs in the flood plain, the Public Works Director may require analysis of the effects of the fill on flooding of adjacent properties; III. The Time of Travel Zones as delineated on the Springfield Wellhead Protection Areas Map that affect the site; and IV. Physical features including, but not limited to riparian vegetation, trees over 5- inches or greater DBH, open drainage ways, watercourses shown on the Water Quality Limited Watercourse Map and their riparian areas, identified archeological and/or historical sites, identified threatened or endangered species habitat, areas considered for inclusion in the City's Goal 5 lands inventory, jurisdictional wetlands and rock outcroppings. (c) Unless specifically allowed by the public works director, the features listed in subsection (b) IV above shall be retained and protected until such features are fully considered through a site plan review preliminary plan, subdivision tentative plan application, partition tentative plan application, and/or tree felling permit. To ensure retention of trees over 5-inches or greater DBH, the public works director may require a tree protection plan. ORDINANCE Page 2 ORDINANCE NO. 6065 . . . trees over 5-inches or greater DBH, the public works director may require a tree protection plan. (d) Except for grading of less then 100 cubic yards associated with the construction of a single-family dwelling, an informational notification shall be provided to owners and residents of property within 100 feet of the property line where the grading will take place. This notification shall be mailed a minimum of 5 days prior to II II the date the grading will commence and shall include the property address, an~' x 8 2- 111'map of the location of the property including the area where the grading will take place, the amount of material to be graded and approximate dates the work is to take place. The permitee shall be required to provide a fee for this notification. (e) The proposed grading shall not permit or authorize the placement or construction of public or private utilities or facilities, unless, in the opinion of the public works director, such utilities or facilities are necessary to ensure that the proposed land and drainage alteration is adequately protective of public health, safety, and general welfare. In this event, the applicant shall obtain from the City the additional permits necessary to construct such utilities or facilities. (f) All work conducted within existing and/or proposed public rights-of-way shall be limited to the minimum necessary, in the opinion of the City Engineer, to ensure that the proposed land and drainage alteration is adequately protective of public health, safety, and general welfare. (g) If the proposed grading includes the demolition of existing impervious surface (concrete, asphalt, etc.) such material shall be legally disposed of off-site not later than one month after its demolition (h) All other approvals necessary to proceed with the proposed grading, including such overlay district requirements for floodplain, hillside, historic district, the Willamette Greenway, tree felling or any regulated wetland, or any permits necessary from any other agency having jurisdiction over all or a portion of the work, shall be secured by the applicant prior to issuance of the grading permit." 4. Section 8.334 "Bonds" of the Springfield Municipal Code is amended as follows: "(1) When Bond is Required. If the director of public works determines that the nature of the work regulated is such that, if left incomplete, it will endanger adjoining property or street, or will create a hazard to human life on any property, or will negatively affect physical features including, but not limited to riparian vegetation, trees over 5-inches or greater DBH, open drainage ways, watercourses shown on the Water Quality Limited Watercourse Map and their riparian areas, identified archeological and/or historical sites, identified threatened or endangered species habitat, areas considered for inclusion in the City's Goal 5 lands inventory, jurisdictional wetlands and rock outcroppings, the director or public works may before issuing the permit require the applicant to furnish a bond, either cash or performance agreement (bond) or other security satisfactory to the City at the option of the applicant, in a form satisfactory to the director of public works and approved by the city attorney in the sum of 50 percent of the estimated cost of the total 'Nork, 110 percent of ORDINANCE Page 3 ORDINANCE NO. 6065 . . . " the cost to either return the site to pre-alteration conditions or perform the work required to mitigate the hazard, danger or negative effect as determined by the public works director, conditioned upon the faithful performance of the work within the time specified in the grading permit or within any extension thereof granted by the director of public works. Such bond or other security shall obligate the principal, his executors, administrators and assigns, jointly and severally, and the surety, to the city for the faithful performance of the work required. Such bond or other security shall further provide that it will not be challenged orterminated until at least -l-Q 30 days' notice thereof has been filed with the director of public works." It is hereby found and determined that the amendment of Section 8.30 et. seq. "Grading" specifically Sections 8.300, 8.308(1), 8.318(7) and 8.334(1) of the Springfield Municipal Code are matters affecting the public health, safety and welfare and that an emergency therefore exists and that this Ordinance shall take effect on July ~, 2003. ADOPTED by the Common Council ofthe City of Springfield this 28th day of July, 2003 by a vote of 6 in favor and 0 against. APPROVED by the Mayor of the City of Springfield this 28th day of July. 2003. " ~ ~jf~ ATTEST: (~ ~/:tv~ City Rec I der REVIEWED 11 ~PPRgV~g AS TO ff=QRM ~3<> >~ ~ L<'!.A,....., DATE: L"_1-20~3. OFFICE OF CITY ATTORNEY ORDINANCE Page 4 ORDINANCE NO. 6065 . . . MEMORANDUM OFFICE OF CITY ATTORNEY DATE: December 22, 2003 TO: Amy Sowa City Recorder FROM: L Joseph J. Leahy Office of City Attorney SUBJECT: Ordinance No. 6065, City Attorney Corrections Pursuant to Springfield Municipal Code Section 1.145 In conformance with Section 1.145 of the Springfield Municipal Code please correct the following clerical or typographical errors in Ordinance No. 6065, copy attached, prior to publication, codification, and distribution. 1. In Section 3 of the Ordinance, amending Section 8.318(7) (d), in the fifth line on Page 3 of the Ordinance delete 81/2 and insert instead 8~. Thank you for your attention to this request. JJL: Ilk . N:\CITY\CITYMANA\Memo 2 to Amy RE Code Revisions.wpd ~~ ORDINANCE NO. 6065 (/,< ", \'~,\~;~::::,.--? ;' \--~ j ./' ;' .--' v '/' " T i :; l" ~d AN ORDINANCE AMENDING SECTION 8.300 ET SEQ, "GRADING" SPECIFICALLY SECTIONS 8.300,8.308(1),8.318(7) AND 8.334(1) OF THE SPRINGFIELD MUNICIPAL CODE TO ADD PERMIT SUBMITTAL REQUIREMENTS NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE WHEN A GRADING PERMIT IS SOUGHT PRIOR TO OR IN THE ABSENCE OF A PARTITION, SUBDIVISION OR SITE PLAN REVIEW DEVELOPMENT APPLICATION AND DECLARING AN EMERGENCY. . The Common Council of the City of Springfield Finds as Follows: 1. "Grading" Section 8.300 through 8.338 of the Springfield Municipal Code provides specific rules and regulations to control excavating, grading, and earthwork construction including fills and embankments, establishes administrative procedure . for issuance of permits, and the safeguarding of persons and properties against unreasonable hazard resulting from uncontrolled grading and excavation practice in the interest of protecting the public health, safety and general welfare. 2. The Springfield Development Code provides the Development Services Director the discretion to issue a Land and Drainage Alteration Permit (grading permit) in certain - circumstances on property where a subdivision, partition or site plan application approval is pending. 3. It is in the interest of the City to protect the health, safety and welfare of the citizenry to require additional submittal and guarantee requirements when a grading permit is requested the absence of a partition, subdivision or site plan review application. . i . NOW THEREFORE, BASED UPON THE FORGOING FINDINGS THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: 1. Section 8.300 "Grading" of the Springfield Municipal Code is hereby amended as follows: "8.300 General. Sections 8.300 to 8.338 sets forth specific rules and regulations to control excavating, grading and earthwork construction, including fills and embankments; establishes the administrative procedures for issuance of permits; and of safeguarding persons and property against unreasonable hazards resulting from uncontrolled grading and excavating practices in the interest of protecting the public health, safety and general welfare. The permit issued by the City for this work is called the Land and Drainage Alteration Permit." 2. Section 8.308 "Grading Permit Conditions" of the Springfield Municipal Code is amended as follows: . "(1) Execution of a "hold harmless" clause on the 'permit as follows: "The permitee, for himself, his contractors, and employees, agrees that the approval of the grading permit in no manner presumes or implies the approval or terms of approval of any other future permit required by the City for the site and indemnifies and holds ORDINANCE Page 1 ." CCI~~ ',.\... /~, -, ::.~~ / 'I ~ i \ ' :1 "......-:::-.. approval and further agrees to save, indemnify and hold harmless the city of . .:':.' 'J Springfield and its representatives from all liabilities, claims and judgments for damages by reason of injury or death to any person or persons, or damage to propeliy from any cause whatsoever while in, upon, or in any way connected with the work covered by this grading permit, and does further agree to defend thy city in any claim arising out of or as a result of the work done under this permit."" . 3. Section 8.318 "General Regulations" of the Springfield Municipal Code is amended as follows: "(7) All grading done under sections 8.300 to 8.338 must substantially conform to the design and layout of the any approved or conditionally approved preliminary or tentative plan and violation of this clause may be grounds for suspension or revocation of the grading permit as prescribed in section 8.330 of this code, as well as being subject to the penalty provisions of this code. Exception: If an applicant requests a grading pennit in the absence of an approved or conditionally approved preliminary or tentative development plan, the following requirements shall apply: (a) The grading shall not result in the need to extend public storm systems to the site or to alter, reconstruct or redirect any. existing public open-water stormwater facility. (b) The permit application shall contain the following additional information: . I. The name, location, dimensions, direction of flow and top of bank of all adjacent watercourses including those that are shown on the city's Water Quality Limited Watercourse Map; n. The 100-year floodplain and floodway boundaries and areas of special flood hazard designated by the City En.gineer as susceptible to inundation of water from any source that may affect the site. If fill occurs in the flood plain, the Public Works Director may require analysis of the effects ofthe fill on flooding of adjacent properties; . m. The Time of Travel Zones as delineated on the Springfield Wellhead Protection Areas Map that affect the site; and N. Physical features including, but not limited to riparian vegetation, trees over 5- inches or greater DBH, open drainage ways, watercourses shown on the Water Quality Limited Watercourse Map and their riparian areas, identified archeological and/or historical sites, identified threatened or endangered species habitat, areas considered for inclusion in the City's Goal 5 lands inventory, jurisdictional wetlands and rock outcroppings. . (c) Unless specifically allowed by the public works director, the features listed in subsection (b) N above shall be retained and protected until such features are fully considered through a site plan review preliminary plan, .subdivision tentative plan application, partition tentative plan application, and/or tree felling permit. To ensure retention of trees over 5-inches or greater DBH, the public works director may require a tree protection plan. ORDINANCE Page 2 ORDINANCE NO. 6065 " .' . . . (("~\) .--. \',t;'\~:~ /-:; ..-.....'\\ 1\ J \ ''-..!_' '-..".::-> trees over 5-inches or greater DBH, the public works director may require a tree protection plan. ! -'. '" i.... :_:;;.';; i ~:;:<" l..:/ (d) Except for grading of less then 100 cubic yards associated with the construction of a sirigle- family dwelling, an informational notification shall be provided to owners and residents of property within 100 feet of the property line where the I adin will take lace. This notification shall be mailed a minimum of 5 da s rior to 8 ~ the date the grading will commence and shall include the property address, an x 11 "map of the location of the property including the area where the grading will take place, the amount of material to be graded and approximate dates the work is to take place. The permitee shall be required to provide a fee for this notification. (e) The proposed grading shall not permit or authorize the placement or construction of public or private utilities or facilities, unless, in the opinion of the public works director, such utilities or facilities are necessary to ensure that the proposed land and drainage alteration is adequately protective of public health, safety, and general welfare. In this event, the applicant shall obtain from the City the additional permits necessary to construct such utilities or facilities. (0 All work conducted within existing and/or proposed public rights-of-way shall be limited to the minimum necessary, in the opinion ofthe City Engineer, to ensure that the proposed land and drainage alteration is adequately protective of public health, safety, and general welfare. (g) If the proposed gradin,g includes the demolition of existing impervious surface (concrete, asphalt, etc.) such material shall be legally disposed of off-site not later than one month after its demolition (h) All other approvals necessary to proceed with the proposed grading, including such overlay district requirements for floodplain, hillside, historic district, the Willamette Greenway, tree felling or any regulated wetland, or any permits necessary from any other agency having jurisdiction over all or a portion of the work, shall be secured by the applicant prior to issuance ofthe grading permit." 4. Section 8.334 "Bonds" of the Springfield Municipal Code is amended as follows: "(1) When Bond is Required. If the director of public works determines that the nature of the work regulated is such that, if left incomplete, it will endanger adjoining property or street, or will create a hazard to human life on any property, or will negatively affect physical features including, but not limited to riparian vegetation, trees over 5-inches or greater DBH,open drainage ways, watercourses shown on the Water Quality Limited Watercourse Map and their riparian areas, identified archeological and/or historical sites, identified threatened or endangered species habitat, areas considered for inclusion in the City's Goal 5 lands inventory, jurisdictional wetlands and rock outcroppings, the director or public works may before issuing the permit require the applicant to furnish a bond, either cash or performance agreement (bond) or other security satisfactory to the City at the option of the applicant, in a form satisfactory to the director of public works and approved by the city attorney in the sum of 50 percent of the estimated cost of the total work, 110 percent of ORDINANCE Page 3 ORDINANCE NO. 6065 i~ ,t . . . .' (1'''~ ,,;~,.~~ t\ ) ; .,~. ,---.,:,::-' >, the cost to either return the site to pre-alteration conditions or perform the work required to mitigate the hazard, danger or negative effect as determined by the public works director, conditioned upon the faithful performance ofthe work within the time specified in the grading permit or within any extension thereof granted by the director of public works. Such bond or other security shall obligate the principal, his executors, administrators and assigns, jointly and severally, and the surety, to the city for the faithful performance ofthe work required. Such bond or other security shall further provide that it will not be challenged or terminated until at least .w 30 days' notice thereof has been filed with the director of public works." ~;./ , ! >.;-- It'is hereby found and determined that the amendment of Section 8.30 et. seq. "Grading" specifically Sections 8.300, 8.308(1), 8.318(7) and 8.334(1) ofthe Springfield Municipal Code are matters affecting the public health, safety and welfare and that an emergency therefore exists and that this Ordinance shall take effect on July ~, 2003. ADOPTED by the Common Council of the City of Springfield this 28th day of July, 2003 by a vote of 6 in favor and 0 against. APPROVED by the Mayor of the City of Springfield this 28th day of Jul y . 2003. . ~ ~ ~' 'v>- L Mayor -.. . ( ATTEST: {i~~/iv~. City Rec (ler REVIEWED & APPROVED - S TO FORM . 0 , ~ Df\TE: o<b OFFICE OF CITY ATTORNEY / ORDINANCE Page 4 ORDINANCE NO. 6065