Loading...
HomeMy WebLinkAboutOrdinances 2133 ORDINANCE NO. 2\?i' AN ORDINANCE AMENDING IN PART CENTRAL POINT MUNICIPAL CODE TITLE 15 — TO ADD A NEW CHAPTER 15.18 EXCAVATION AND GRADING Recitals: A. Pursuant to CPMC 1.01.040, the city council, may from time to time revise its municipal code which shall become part of the overall document and citation. B. It is in the public interest to regulate excavation and grading activities in order to protect public health and safety, ensure consistency with adopted standards, and prevent adverse impacts to property, infrastructure and natural resources. C. The purpose of this code amendment is to provide clear and objective standards for when a grading permit is required, application requirements and the approval criteria. D. Words lined through are to be deleted and words in bold are added. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: SECTION 1. Title 15 is hereby amended to add a new Chapter 15.18 — Excavation and Grading to read as follows: Chapter 15.18 EXCAVATION AND GRADING Sections: 15.16.010 Purpose. 15.16.020 Excavation and Grading Permit—Applicability and Review. 15.16.030 Submittal Requirements. 15.16.040 Approval Criteria 15.18.010 Purpose The purpose of this chapter is to regulate excavation and grading activities in order to protect public health and safety, ensure consistency with adopted standards and regulations, and prevent adverse impacts to property, infrastructure, and natural resources. 15.16.020 Excavation and Grading Permit—Applicability and Review A. Applicability. An excavation and grading permit shall be required prior to any grading or excavation activity when any of the following conditions apply: 1. Depth or Volume of Excavation/Fill a. Excavation exceeds two (2) feet in depth at any point; b. Fill exceeds one (1) foot in depth at any point; c. Fill exceeds fifty (50) cubic yards per acre; d. General Landscaping Exception. Ordinary landscaping activities, including topsoil replacement, minor contouring, installation of lawns, gardens, shrubs, trees, decorative boulders, and similar work, are exempt from the requirement for an excavation and grading permit provided such activities do not: 1. Alter existing drainage patterns in a manner that adversely affects adjacent properties; 2. Create ponding, erosion, or slope instability; or 3. Involve fill or excavation exceeding the thresholds established in this section. 2. Structural Support a. Fill is placed for the purpose of supporting a building, structure, or other load-bearing improvement. 3. Location and Environmental Sensitivity a. Fill, excavation or grading occurs within a floodplain, wetland, or riparian area, or alters a drainage course; 4. Public Health and Safety a. The grading occurs in an area identified as containing or potentially containing contaminated soils or shallow wells (e.g. Eastside Transit Oriented Development (TOD) Overlay area). b. The grading, by reason of slope, soil conditions, or location, may create a hazard to public health, safety or property. 5. Engineered Plans and Land Use Approvals a. An engineered grading plan has been submitted in conjunction with a land use application (e.g. tentative plan, site plan), and grading activities are proposed prior to or outside of the capital improvement plan (CIP) approval process administered by Public Works; b. Grading is required by a condition of land use approval. Ordinance No. 2 i9 ; Council Meeting 10/W2025 B. Review and Approval.Applications shall be reviewed and approved by the City of Central Point Public Works, Planning and Building Departments. When a permit is required, no grading or excavation shall occur prior to issuance. The permit shall not be issued until a grading plan, prepared pursuant to Section 15.18.040, has been reviewed and approved. Additional supporting data, including soils engineering and/or engineering geology reports may also be required. The plans and specifications shall be signed and prepared by a registered engineer. 15.18.030 Submittal Requirements An application for an excavation and grading permit shall be submitted on a form provided by the City and accompanied by the required fee, a grading and drainage plan, and supporting specifications prepared in accordance with this section. The proposed excavation and grading plan shall include the following information: A. The general location of the work to be shown on a vicinity map. B. The name and address of the owner/developer and the person who prepared the plans. The legal description for the property shall also be included. C. Property limits and accurate contours of the existing terrain, utilizing contours at two-foot (2') intervals for slopes of less than fifteen percent (15%) and ten-foot (10') intervals for slopes exceeding fifteen percent (15%) and the location of existing drainage and direction of flow. D. The plan shall also indicate, when applicable, all existing wetlands, existing natural streams, intermittent and permanent; areas of high, moderate and slight stability hazard; excessively steep slopes (15% to 35% & 35% and greater); flood- prone areas and designated flood plains, showing elevations of the 100-year flood and poorly drained areas; and areas previously used as a land fill. E. Street improvements and existing and proposed public storm water facilities. F. Finished contours to be achieved by the grading along with the proposed drainage channels and related construction. Areas of cut and fill shall be identified in a manner to be easily identifiable. G. For excavation and grading plans concerning land development, the proposed lot configurations with finished elevations at all corners are to be shown. Proposed contours will indicate necessary grading for street improvements, delineating edge of earth work for sidewalk construction. Ordinance No. 2OD3 ; Council Meeting 10/9I2025 H. Detailed plans of all subsurface and surface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as part of the proposed work. I. Location of any existing or proposed buildings or structures, including retaining walls, on the property where the work is to be performed, and the location of any proposed or existing buildings or structures, including retaining walls, on land adjacent to the project which are within 15 feet of any area affected by the proposed grading operations. J. Specifications shall contain information covering construction and material requirements; describing, but not limited to, soil compaction requirements, measures to mitigate soil erosion along with the background computations made for the sizing of drainage facilities. The specifications shall describe the maintenance responsibilities of all private storm water systems. K. Plans for depositing the excavated soil at a particular on-site location or transporting it from the site. Section 15.18.040 -Approval Criteria. An excavation and grading permit shall only be approved when the applicant demonstrates compliance with the following criteria: 1. Compliance with Applicable Codes and Standards The proposed excavation and grading activities shall comply with: 1. Public Works Standards, including requirements for stormwater facilities and erosion control; 2. Oregon Drainage Law, including prevention of increased runoff or adverse impacts on downstream or adjacent properties; and 3. All other applicable local, state, and federal regulations, including but not limited to requirements for wetlands, riparian corridors, floodplain protection, and remediation of contaminated soils as required by the Oregon Department of Environmental Quality (DEQ). 2. Storm Drainage and Finished Grades 1. Finished grades shall direct stormwater runoff to approved storm drainage facilities or natural drainageways in a manner consistent with Public Works Standards. 2. No grading shall result in ponding, erosion, or diversion of stormwater onto adjoining properties. Ordinance No. 2 t 5)5 ; Council Meeting 1A2025 3. Consistency with Approved Plans and Approvals The excavation and grading plan shall conform to all applicable land use approvals and conditions of approval, including but not limited to tentative land divisions, site plan and architectural review approvals, conditional use permits, and subdivision plats. 4. Engineering Certification Where required by the City, soils engineering, geotechnical, or civil engineering reports and stamped drawings shall demonstrate that the proposed grading, fills, and slopes are stable, safe, and suitable for the intended development. 5. Payment of Applicable Fee. A fee for excavation and grading permits shall be collected when the excavation and grading plan is submitted for review. The fee shall be in accordance with the fee schedule established and amended from time to time by city council resolution. SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Recitals A-D) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. SECTION 3. Effective Date. The Central Point City Charter states that an ordinance enacted by the Council shall take effect on the thirtieth day after its enactment. The effective date of this ordinance will be the thirtieth day after the second reading. PASSED by the Council and signed by me in authentication of its passage this 2:7D day of C, C_Ptt,1- / 2025. Council Presi a Rob Hernandez EST: r\QS City Recorder 3 Ordinance No.-2 (2)3 ; Council Meeting 10/ /2025