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HomeMy WebLinkAboutORD 2820Amended' by Ordinance No. ORDINANCE NO. 2820 hlQ1f ^"ol )-4 *,(0€~jL{<JoJ) AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AND CREATING A "MINING, EXCAVATION AND GRADING ORDINANCE" TO BE HEREINAFTER KNOWN AND DESIGNATED AS THE "RENTON MINING, EXCAVATION AND GRADING ORDINANCE" AS CHAPTER 23, TITLE IV (BUILDING REGULATIONS) OF ORDINANCE NO. 1628 KNOWN AS THE "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" REGULATING MINING, EXCAVATION, GRADING, SITE REHABILITATION AND REUSE, STANDARDS, ESTAB- LISHING PROCEDURES, PRESCRIBING PENALTIES FOR VIOLATION THEREOF AND REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. SECTION 4-2301: Title, Purpose and Scope 4-2302: Definitions 4-2303: 'Procedures, Administering Authority, Appeal 4-2304: Existing Site 4-2305: Permits Required 4-2306: Rehabilitation 4-2307: Applications .4.-2308: License Fees 4-2309: Bonds 4-2310: Inspection 4-2311: Fencing, Setbacks, Landscaping and Screening 4-2312: Work in Progress 4-2313; Surface Water 4-2314: Top and Toe Setbacks 4-2315: Cuts 4-2316: Fills 4-2317: Solid Waste Fills 4-2318: Drainage 4-2319: Slopes 4-2320: Final Reports 4-2321: Administrative Liability 4-2322: Violations and Penalties 4-2323: Severability 4>»2324: Repealing Conflicting Ordinances 4-2325: Effective Date 4-2301: TITLE, PURPOSE AND SCOPE Title. This Ordinance shall be hereinafter known as the "Renton Mining, Excavation and Grading Ordinance," may be cited as such, will be hereinafter referred to as "this Ordinance," and same shall be and constitute Chapter 23, Title IV (Building Regula- tions) of Ordinance No. 1628 known as "Code of General Ordi- nances of the City of Renton." 2. Purpose. It is the purpose of this Ordinance to: A. Provide a means of regulating mining, excavation and grad- ing to promote the health, safety, morals, general welfare and esthetics in the City of Renton. B. Promote the progressive rehabilitation of mining, excava- tion and grading sites to a. suitable new use. -2- C. Protect those areas and uses in the vicinity of mining, excavation and grading activities against detrimental effects. D. Promote safe, economic, systematic and uninterrupted mining, excavation and grading activities within the City of Renton. 3. Scope A. All mining, excavation and grading activities within the City of Renton shall be subject to the terms and conditions of this Ordinance. All such activities shall be further in compliance with Chapter 78.44 of the Revised Code of Wash- .ington and subject to the terms of this Ordinance. The owner or operator of such activities in the City at the time of the adoption of this Ordinance shall make the initial applica- tion within thirty (30) days and the entire application with- in ninety (90) days of the effective date of this Ordinance. The owner or operator of such activities annexed subsequent to the adoption of this Ordinance shall make the initial application within thirty (30) days and the entire applica- 3id^: within; ninety. (90) days from the date of annexation. All such existing activities shall comply fully with all provisions of this Ordinance within the period of time established by this Ordinance except such activities which are hot existing at. the "date of the addp/fcion of this Ordi- nance, shall conform to all provisions of this Ordinance prior to the beginning of their operation. B. This Ordinance conforms to the requirements of Chapter 78.44 of the Revised Code of Washington which regulates surface mining in the State of Washington. 4-2302: DEFINITIONS For the purpose of this Ordinance certain terms, phrases, words and their derivatives shall be construed as specified in this Section. Words used in the singular include the plural, and the plural the singular. The word "shall" is mandatory; the word "may" is permissive. 1. American Public Works Association. The adopted edition of the Washington State Chapter of the American Public Works Associa- tion. 2. As-Graded. The surface conditions existent on completion of grading. 3. Bedrock. The in-place solid rock. 4. Bench. A relatively level step excavated into earth material on which fill is to be placed. 5. Borrow. Earth material acquired from an off-site location for use in grading on a site. 6. Certification. A written engineering or geological opinion concerning the progress and completion of the work. 7. civil Engineer. A professional engineer registered in the State to practice in the field of civil works. 8. Civil Engineering. The application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind. 9. Compaction. The densification of a fill by mechanical means. 10. Earth Material. Any rock, natural soil or fill and/or any combination thereof. 11. Engineering Geologist. A geologist experienced and knowledge- able in engineering geology. 12. Engineering Geology. The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. 13. Erosion. The wearing away of the ground surface as a result of the movement of wind, water and/dr ice. 14. Excavation. The mechanical removal of earth material. 15. Fill. A deposit of earth material placed by artificial means. 16. Grade. The vertical location of the ground surface. A. Existing Grade. The grade prior to grading. B. Finish Grade. The final grade of the site which conforms to the approved plan. C. Rough .Grade. The stage at which the grade approximately conforms to the approved plan. 17. Grading. An excavating or filling or combination thereof. A. Regular Grading. Any grading that involves five thousand (5,000) cubic yards or less of material. B. Engineered Grading. Any grading that involves more than five thousand (5,000) cubic yards of material. 18. Key. A designed compacted.fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. 19. site. Any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. 20. Slope. An inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. 21. Soil. A naturally occurring surface deposit overlying bed rock. 22. Soil Engineer. A licensed civil engineer experienced and knowledgeable in the practice of soil engineering. 23. Soil Engineering. The application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth or other materials and the inspection and testing of the construction thereof. 24. Terrace. A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. 25. Toe of Slope. A point or line of a slope in an excavation or cut where the lower surface changes to horizontal or meets the existing ground slope. 26. Top of Slope. A point or line on the upper surface of a slope where it changes to horizontal or meets the original surface. A. Top of Excavation or Cut. The upper surface point where the excavation meets the original ground surface. B. Top of Enbankment. The upper surface point or line to which side slope changes to horizontal or meets original ground surface. 4-2303: PROCEDURES, ADMINISTERING AUTHORITY, APPEAL 1. Procedures and Responsibility. A. Preliminary Procedures. For advice and assistance before the application for a special permit from the Planning Com- mission and an annual license to operate under this Ordinance from the Planning and Public Works Departments, the appli- cant, should consult early and informally with the Planning and Public Works Departments. B. Responsibility. (1) Minor Activity. In order to expedite small projects, any mining, excavation or grading of five hundred (500) cubic yards or less shall be reviewed jointly by the Public Works Department and the Planning Department. These departments may accept, reject, modify or impose reasonable conditions which shall include but are not limited to posting of bonds; installation of landscaping limitation of work hours; control of dust and mud; re- habilitation; and reuse of the site. Proper application shall be made to the Public Works Department. These departments may issue a license for the work. All work is to be completed within ninety (90) days from the date of issuance or the license shall be null and void. If the applicant does not concur with the requirements of the Public Works and Planning Departments, he has the prerogative of appealing to the Planning Commission and abiding by Section 4-2303.(2) below. (2) Major Activity. For any mining, excavation or grading in excess of five hundred (500) cubic yards, the Plan- ning Commission shall review, approve, disapprove, or approve with conditions the location of the site and its effect on the surrounding area. The Planning and Public Works Departments, which are the administering authorities, shall enforce the requirements of the Com- mission and the standards established by this Ordinance. Planning Commission. A. Special Permit Required. As provided in the Zoning Ordinance, the Planning Commission may grant a special permit to allow the drilling, quarrying, mining or depositing of minerals or materials, including but not limited to petroleum, coal, sand, gravel, rock, clay, peat and topsoil. A special permit shall be granted prior to the Public Works Department issuing any annual license as concurred with by the Planning Depart- ment and authorized by this Ordinance. B. Compatibility of Proposed Use. To grant a special permit, the Planning Commission shall make a determination that the activity would not be unreasonably detrimental to the sur- rounding area. The Commission shall consider, but is not limited to, the following: (1) Size and location of the activity. (2) Traffic Volume and patterns. (3) Screening, landscaping, fencing and setbacks. (4) Unsightliness, noise and dust. (5) Surface drainage. (6) The length of time the application of an existing opera- tion has to comply with non-safety provisions of this Ordinance. C. Reuse of Site. In addition to the above, Planning Commission approval shall be required of the applicant's proposed use of the site after termination of the activity and the phasing of the progressive rehabilitation of the site to the proposed use of the site. The new use shall be consistent with the Comprehensive Plan and compatible with the surrounding area. p.. Change of Site Reuse. If the applicant wishes to change the proposed reuse of the site, the Commission may approve the new use provided it conforms to Section 4-2303, 2, C and is feasible with the physical characteristics of the site. E. Transferability of Special Permit. The special permit is transferable to other persons, firms and corporations, and the special permit shall continue with the activity on the site unless a new special permit is granted. F. Permit Expiration. The special permit shall be null and void if the applicant has not begun activity within six (6) months after the granting of the permit, unless the Planning Commission grants an.extension of time. F. Revocation of Permit. If the annual license has been revoked; if the annual license has not been issued for a three (3) year period; or if the applicant has not complied with the conditions of the special permit, the Planning Commission may revoke the special permit. Planning and Engineering Departments. A. Authority. The Planning and Public Works Departments shall have jurisdiction of the activities regulated in this Ordi- nance after a special permit has been granted by the Planning Commission. For inspection purposes, any duly authorized member of these departments shall have the right and is empowered to enter upon any premises at reasonable hours where activities regulated by this Ordinance are occurring. These departments are empowered to issue orders, grant, renew and revoke such licenses as are provided for in accordance with this Ordinance. Application for the annual license shall be made to the Public Works Department. B. Hevocation of Permit. The Planning and Public Works Depart- ments are authorized to revoke any annual license issued pursuant to the terms of this Ordinance if after due investi- gation they determine that the permittee has violated any of the provisions of this Ordinance. Notice of revocation shall be in writing and shall advise the licensee of the violations found. The permittee shall have a reasonable period of time not to exceed forty-five (45) days in which to remedy the defects or omissions specified. In the event the licensee fails or neglects to do so within the time period, the order of revocation shall be final. A total or partial stop work order may be issued for good reason. Board of Appeals. In order to provide for a system of appeals from administrative decisions in the reasonable interpretation of the provisions of this Ordinance, the "Board of Adjustment", provided in Section 4-731, Chapter 7, Title IV (Building Regu- lations) of the Code of General Ordinances of the City of Renton, shall upon proper application render a decision consistent with the provisions of Section 4-731. 4-2304: EXISTING SITE 1. Permits. All existing mining, grading, fill or pit operations at time of passage of this Ordinance shall have thirty (30) days in which to apply for a special permit under this Ordinance. 2. Safety Provisions. Within one (1) year from the date of adoption of this Ordinance or of annexation, the applicant shall conform to the safety provisions of this Ordinance. 4-2305: PERMITS REQUIRED 1. City Requirements. No person shall do any mining, excavation or grading without first having obtained a special permit from the Planning Commission and an annual license issued by the Public Works Department with the concurrence of the Planning Department, except for the following: A. An excavation below finished grade for basements and foot- ings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five (5) feet after the completion of such structure. B. Cemetery graves. C. Excavations for water wells or tunnels or installation of service utilities by public and private utilities. D. An excavation which (a) is less than two (2) feet in depth, or (b) which does not create a cut slope greater than five (5) feet in height and steeper than one and one-half(1-1/2) horizontal to one (1) vertical, or which does not exceed fifty (50) cubic yards on any one lot and does not obstruct a drainage course.. E. A fill less than one (1) foot in depth, and placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical or less than three (3) feet in depth, not intended to support structures, which does not exceed fifty (50) cubic yards-bri any one lot and does not obstruct a drainage course. F. The construction or maintenance of on-site roads in remote areas; or excavation or grading for farming purposes; or on- site construction. In cases of on-site construction, the plans for such activities shall require the prior written approval of the City. 2. Other Requirements. Issuing a permit under this Ordinance does not relieve the holder from requirements of other government agencies. 4-2306: REHA3I1.ITAT-ION 1. Approval. The Planning Commission shall approve the reuse of the site and the phasing to achieve the reuse. 2. Progressive Rehabilitation. In the event that a permit is granted, excavation, removal or fill shall be permitted only in accordance with the plan approved by the Planning Commission. Rehabilitation shall take place in accordance with the approved plan and in a logical sequence so that satisfactory conditions shall be maintained on the premises. Rehabilitation shall be done in stages compatible with continuing operations. The Commission may require the drafting of rehabilitation plans by a licensed landscape architect. 3. Final Approval. After the applicant has completed the approved amount of excavation, fill or other activity, the final grading of the site, and the applicant or another developer begins to develop or construct the new use of the site, the Planning and Public Works Departments shall relinquish their jurisdiction of this Ordinance provided they are satisfied that reasonable progress is occurring on the new use. 4-2307: APPLICATIONS 1. Permits Required. Except as exempted in Section 4-2305 of this Ordinance, no person shall do any work without first obtaining the required special permit and license. Separate special permits and licenses shall be required for each site and may cover both excavations and fills. Licenses granted by the Public Works Department shall be issued for not more than one (1) year and may be renewed if the operation is progressing according to the approved plans. Special permits are valid until the approved plans have been satisfactorily completed. 2. Nwnfeer of Applications. A. Special Permit. At least five (5) copies of the application plus plans and specifications shall be submitted to the Planning Department. Additional copies may be required for good reason. The Public Works Department, the Planning Department and the City Clerk shall retain a set of plans. One (1) set shall be returned to the applicant and one (1) set shall be forwarded to the Department of Natural Re- sources . B. Annual License. At least four (4) copies of the applica- tion plus plans and specifications shall be submitted to the Public Works Department. The Public Works Department and the Planning Department shall retain a set of plans. A set shall be returned to the applicant, and a set shall be forwarded to the Department of Natural Resources. -9- 3. Quantity and Time. The application shall state the estimated quantities of material involved and the time of completion. 4. Application Preparation. The Public Works Department or the Planning Department may require the plans and specifications be prepared and signed by a licensed civil engineer. Such special reports by experts may be required in cases.where such project is of substantial size, or contains unusual topographic conditions, or involves matters of public safety, or contains one (1) or more of said or similar conditions. A soil engi^ neering report and an engineering geology report may be required.'• A. Special Permit. Adequate information shall be submitted for the entire project which may include work over several years. B. Annual License. Adequate information shall be submitted for the activities proposed for no longer than one (1) year. 5. Map Scale, Information on Plans and Specifications. Plans shall be drawn on twenty-two (22) by thirty-four (34) inch sheets with a vertical scale of one (1) inch representing forty (40) hori- zontal feet and one (1) inch representing ten (10) vertical feet. All plans shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this Ordinance and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person (s) by whom they were.pre- , pared and approved. The plans shall include the following inform- ation : A. Vicinity Map. General vicinity of the proposed site showing adjacent land uses on a one (1) inch representing six .: hundred (600) or eight hundred (800) foot scale map. B. Property and Contour Lines. Property limits and accurate contours of at least ten (10) foot intervals of existing ground and details of terrain and area drainage. Such contours shall be referenced to the United States Coast and Geodetic Survey Datum. C. Finished Contours. Limiting dimensions, elevations and finished contours of at least ten (10) foot intervals to be achieved by the grading, and proposed drainage channels and related construction. Such contours shall be referenced to the United States Coast and Geodetic Survey Datum. D. Existing Natural Drainage System. Existing natural drainage systems including both perennial and intermittent streams and the presence of bordering vegetation. "10- E. Drainage Control. Detailed plans of all surface and sub- surface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains, and measures to be taken to control erosion and the estimated time of planting or installation of controls. F. Location of Structures. Location of any buildings or structures on the property where the work is to be per- formed and the location of any buildings or structures on land of adjacent owners which are within fifteen (15) feet of the property or which may be affected by the proposed grading operations. G. Rehabilitation Plan. A plan shall be submitted setting forth the proposed rehabilitation of the tract to the approved new use. A rehabilitation contour plan shall be included indicating the general grades and slopes to which excavated areas are to be graded. A description of the methods and materials proposed for restoration of top soil shall be provided. The rehabilitation plan shall also include a schedule indicating how and when restoration will occur before, during, and after excavation operations. Rehabilitation shall be planned in stages compatible with continuing operations. The rehabilitation schedule shall include ' specific information relating to regrading, drain- age, landscaping, erosion, sediment control, backfilling, removal of machinery and buildings, and closing of access roads. Also, the proposed use or uses shall be included. H. Setbacks. Setbacks and those areas that are not to be disturbed. I. Landscaping and Screening. Landscape and screening plans ". for both around office (if any) and along the periphery of the site. The landscaping plan shall conform to the requirements of the Planning Department. j. Work Methods. Measures to be implemented to minimize dust, mud, noise and other noxious characteristics. 6. Construction and Material Requirements. Specifications shall contain information covering construction and material require- ments . 7. Soil Engineering Report. The soil engineering report, if re- quired by Section 4-2307,4, shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and opinions and rec- ommendations covering adequacy of sites to be developed by the proposed grading. 8. Engineering Geology Report. The engineering geology report, if required by Section 4-2307,4, shall include an adequate description of the geology of the site, conclusions and recom- mendations regarding the effect of geologic conditions on the proposed development. 9. Non-city Review. In addition to the requirements of the State Surface Mined Reclamation Act, review by other interested city, county, state and federal organizations may be requested. 10. Issuance of License. The plans and reports shall be approved by both the Public Works Department and Planning Department before a license is issued. 4-2308: LICENSE FEES 1. Plan Checking Fee. For excavation and fill on the same site, the fee shall be based on the volume of the excavation and fill. Before accepting a set of plans and specifications for checking, the Public Works Department shall collect a plan checking fee. The amount of the plan checking fee for grading plans shall be as set forth in the table Below: PLAN CHECKING FEES 50 cubic yards or less $ 5.00 51 to 100 cubic yards 10.00 101 to 1,000 cubic yards 15.00 1,001 to 10,000 cubic yards 20.00 10,001 to 100,000 cubic yards - $20.00 for the first 10,000 cubic yards plus $10.00 for each additional 10,000 cubic yards or fraction thereof 100,001 to 200,OOO cubic yards - $110.00 for the first 100,000 cubic yards plus $6.00 for each additional 10,000 cubic yards or fraction thereof 200,001 cubic yards or more - $170.00- for the first 200,000 cubic yards plus $3.00 for each additional 10,000 cubic yards or fraction thereof The plan checking fee for solid waste fills shall be one and one-half (1-1/2) times the plan checking fee listed above. The fee for a grading license authorizing additional work to that under a valid license shall be the difference between the fee paid for the original license and the fee shown for the entire project. 2. Grading fees. A fee for each grading license shall be paid to the Public Works Department as set forth in the table below: GRADING LICENSE FEES 50 cubic yards or less.... $10.00 51 to 100 cubic yards 15.00 101 to 1,000 cubic yards - $15.00 for the first 100 cubic yards, plus $7.00 for each additional 100 cubic yards or fraction thereof 1,001 to 10,000 cubic yards - $78.00 for the first 1,000 cubic yards plus $6.00 for the first 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic yards - $132.00 for the first 10,000 cubic yards plus $27.00 for each additional 10,000 cubic yards or fraction thereof 100,001 cubic yards or more - $375.00 for the first 100,000 cubic yards plus $15.00 for each additional 100,000 cubic yards or fraction thereof -12- The fee for annual licenses of solid waste fills shall be one and one-half (1-1/2) times the grading license fee listed above. The fee for a grading license authorizing additional work to that under a valid license shall be the difference between the fee paid for the original license and the fee shown for the entire project. Any unused fee may be carried forward to the next year. If any work is done before the license is issued, the grading license fee shall be doubled. 4-2309: BONDS . 1. The Public Works Department and Planning Department shall require bonds amounting to one and one-half (1-1/2) times the estimated cost of rehabilitation to assure that the work if not completed or proceeding in accordance with the approved plans and specifi- cations shall be corrected. Such a bond shall be approved by the City Attorney and filed with the City Clerk. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the City Clerk in an amount equal to that which would be required in the surety bond. The bond shall be conditioned upon the faithful performance of the requirements as set forth in this Ordinance. Any reclamation bonds posted with the State Department of Natural Resources for surface mining permits may be applied on the bond requirements, insofar as they pertain to the reclamation provisions of this Ordinance. 4-2310: INSPECTION 1. General; All operations regulated by this Ordinance shall be subject to inspection by authorized Public Works Department and Planning Department inspection personnel. When extraordinary or special problems or conditions are involved, extra inspection of grading operations and special tests may be ordered by the City. 2. Engineering Grading Requirements. A. Civil Engineer. For purposes of preparing and/or approving engineered grading plans, the civil engineer shall meet the requirements specified in Section 4-2302. The civil engineer shall be responsible for the plans, any special soil engineer- ing and testing reports, design of drainage facilities and structures, and be competent to recommend and obtain special tests, survey data, and geological or hydraulic reports should they be necessary. The civil engineer shall provide an accept- able plan and report based on good engineering practices and the requirements designated by the Public Works Department. He shall, upon return of his plans, provide any corrections nec- essary and corrected copies for use of the City in reviewing the grading work. The civil engineer shall be responsible for -13- reporting monthly or more frequently on forms provided by the Public Works Department. (1) Extent and location of grading. (2) All tests made or taken in conjunction with the grading operation. (3) Extent of drainage, structure, and safety activity report on the project. (4) Any special testing, as-built plans, or revised requests necessary. In addition, he shall certify to the safety and stability of the slopes, safety earthwork operation, and special problems which might occur. B. Reports. Soil engineering and engineering geology reports shall be required as specified in Section 4-2307. During grading all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the Public Works Department by the soil engineer and the engineering geologist. The Public Works Department may waive reports for minor grad- ing operations. C. Soil Engineer. The soil engineer's area of responsibility shall include but need not be limited to the professional inspection and certification concerning the preparation -of ground to receive fills, testing for required compaction, Stability of all finish slopes and the design of buttress fills, where required, incorporating data supplied by the engineering geologist. D. Engineering Geologist. The engineering geologist's area of responsibility shall include but need not be limited to pro- fessional inspection and certification of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for sub-drains or other ground water drainage devices. He shall report his findings to the soil engineer and the civil eng- ineer for engineering analysis. E. Public Works Department. The Public Works Department shall inspect, the project at frequent intervals to deter- mine that adequate control is being exercised by the opera- tor and the civil engineer. Should hazardous conditions occur, the Public Works Department inspector shall have the responsibility and authority to issue a partial or total stop work order. 3. Regular grading Requirements. Inspection and testing by an approved testing agency including certification of the exca- vated or filled areas may be required by the Public Works Depart- ment at any time the City's authorized inspectors believe problems may occur. Should special problems be indicated in regular grading, the Public Works Department may require the owner or operator to submit engineering reports similar to engi- neered grading and may specify a time period for compliance to prevent undue hazard. Should hazardous conditions occur in either engineered grading or regular grading, the Public Works Depart- ment inspector shall have the responsibility and authority to issue a partial or total stop work order. 4. Notification of Non-Compliance. It shall be the responsibility of the certifying engineer on any grading project to advise im- mediately any discrepancies, hazardous conditions or problems affecting safety and stability of the project to the person in charge of the grading work and subsequently in writing to the grading operator and to the Public Works Department. Recommenda- tions for corrective measures, if necessary, shall be provided in the correction notice. 5. Transfer of Responsibility for Work. If at any time the grading operator changes the certifying engineer or a different owner- ship or responsible party occurs, the operator shall notify the Public Works Department in writing within ten (10) days and shall specify the new civil engineer or owner. The owner or grading operator shall not be relieved of any responsibility relative to the safety and conduct of a grading operation by virtue of changing engineering advisors. 4-2311: FENCING 1. Specifications. A fence six (6) feet in height with openings no larger than two (2) inches (other than gates) may be required for safety reasons completely around any area worked upon for which a permit is "issued for engineered grading prior to com- mencing any other work. All gates shall be locked when not in use and shall bear a sign denoting danger. 2. Setbacks. A. ' General. Engineered grading sites may. be required to have a peripheral area a maximum of seventy-five (75) feet in width which shall be retained in its natural topographic condition. The setback area shall be used for, but is not limited to, access roads, planting, fencing, landscaped berms for screen- ing purposes, employee and visitor parking, offices, directional signs and business signs identifying the occupant. B„ Landscaping. Existing vegetation in any required setback shall be preserved or landscaping shall be planted to prevent erosion and reduce the dust, mud and noise generated on the site. Around the periphery of the site, except where the proposed reuse of the site requires, the lack of vegetation, the applicant shall landscape in such a manner as to result in reasonable screening. Trees planted shall be at least four (4) feet in height. In those areas that have been rehabilitated and are designated to be planted according to the proposed reuse of the site, the appropriate plantings shall be done as soon as possible to provide mature plants for the new use. 3* Screening. With the exception of offices, every effort shall be made to screen effectively all structures and activities to minimize detrimental effects on adjacent property. Screening may include but is not limited to landscaping, berms with landscaping, and a screening fence. 4-2312; WORK IN PROGRESS 1. Slopes. No slopes greater than one (1) horizontal to one (1) vertical will be permitted during excavations that exceed ten (10) feet in height without physical restraint by timbering or approval by the Public Works Department of an engineering or geologist report assuring slope will maintain its shape without undue risk of failing. 2. Safety. Workmen shalll.be allowed in the vicinity of the toe or top of slope only after close visual inspection of slope to assure safety against breakage or sliding. 3. Tops of Slopes. All trees, timber, stumps, brush or debris shall be cleared to a point at least ten (10) feet back from the top of any slope involving cuts greater than ten (10) feet. After excavation, the top of all slopes shall be rounded to prevent a sheer breaking point. 4. Property and Setback Location. Property location and approved setbacks must be established and stakes set under the super- vision of a registered land surveyor. These stakes must be maintained in place until final inspection of work so that the inspector can determine at any time if the excavation is properly located as related to the property lines. -16V 5. Allowable Noise. Noise levels at all operations shall be controlled to prevent undue nuisance to the public, Maximum allowable daytime sound pressure as measured in any residen- tial zone shall not exceed the following at least ninety (90) percent of the time between the hours of 7:00 a.m. and 8:00 p.m. SOUND PRESSURE LEVELS . SOUND PRESSURE LEVEL FREQUENCY BAND IN IN DECIBELS re 0.0002 CYCLES/SECOND MICROBAR 25 - 300 80 300 - 2400 70 Above - 2400 60 6. Permitted Work Hours. All work done in residential areas shall be between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday, except repairs to machinery. The Public Works Direc- tor is authorized to grant an extension of working time during an emergency. An emergency shall include but is not limited to natural and man-made disasters. 7. Pollution Control Agencies. Discharge of materials into the air or water shall be subject ;to the requirements of the appropriate governing agency. 8. Control of Dust and Mud. Activities shall be operated so as to reduce dust and mud to a minimum. Unless otherwise speci- fied by the Public Works and Planning Departments, operations shall be conducted in accordance with the following standards: A. Access Roads. Access roads shall be maintained in a con- dition that confines the mud and dust to the site. Such roads shall be improved to a width sufficient to permit the unhindered movement of emergency vehicles. One (1) way roads shall have by-pass routes to permit the move- ment of emergency vehicles. B. Work Procedures. Dozing, digging, scraping and loading of excavated materials shall be.done in a manner which reduces to the minimum level possible the producing of dust and mud. 9. Appearance. All activities under the jurisdiction of this Ordinance shall be operated and maintained in a neat and orderly manner, free from junk, trash, or unnecessary debris. Buildings shall be maintained in a sound condition, in good repair and appearance. Salvageable equipment stored in a non-operating condition shall be suitably screened or garaged. Landscaping adjacent to and around the main en- trance (s) and office shall be sufficiently watered and cared for to insure its health and well-being. -17- 10. Soil Erosion and Sedimentation. Soil erosion and sedimentation shall be confined to the site by such means as a temporary cover of vegetation, mulches, diversions, sedimentation ponds or other acceptable methods. No toxic materials shall be allowed to wash from the site or be discharged into receiving water courses. 4-2313: SURFACE WATER 1. Prohibited Conditions. Under no circumstances shall stagnant or polluted waters be permitted in any site. Should these waters accumulate, remedial measures such as draining or back- filling shall be taken as corrective action. Backfill material shall be placed to a point one (1) foot above the water table. 2. Lakes,. Lakes formed in areas which may be used for recreational purposes shall be of such depth that shall inhibit the growth of vegetative matter in the water-.. A minimum two (2) foot depth of water shall be maintained in these areas. The restoration of any site which results in the formation of a lake shall be the result of careful planning and shall take into consider- ation all factors which contribute to. the ultimate ecology of the site. 3. Bank' Slopes. All banks, adjacent to any body of water created, shall be sloped or steppsdas follows to permit a person to escape from the water: A. Unconsolidated Material. Soil, sand, gravel and other unconsolidated materials shall be sloped to two (2) feet below the low ground water line at a slope no steeper than one and one-half (1-1/2) feet horizontal to one (l)'foot vertical. B. Consolidated Material. Solid rock or other consolidated materials shall be stepped or otherwise constructed to maintain a safe- condition. 4. Natural Stream Courses. Every effort shall be made to preserve perennial and intermittent streams and their surrounding vege- tation. 4-2314: TOPS AND TOES SETBACKS 1. General. The tops and toes of cut and fill slopes shall be set back from setback lines as far as necessary to preserve the set- back for the safety and benefit of adjacent properties, the adequacy of foundations, and to prevent damage as a result of water runoff or erosion of the slopes. ,fl8- 2. Minimum Setbacks. Setbacks shall be no less than the following: A. Tops of Slopes. Distance to the setback line for the top of slopes shall be a minimum of ten (10) feet. B. Structures. Distance to structures, if any structures on the site, shall be as follows: Slope Height Top Toe Less than 11 feet 5 feet 3 feet 11 - 30.9 feet 7 feet . Height/2 feet 31 feet and over 10 feet 15 feet 4-2315: CUTS , 1. General. Unless otherwise recommended in the approved soil engineering and/or engineering geology report, cuts shall conform to the provisions of this Ordinance. 2. Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use. Cut slopes shall be no steeper than a ratio of two (2) horizontal to one (1) vertical. 3. Drainage and Terracing. Drainage and terracing shall be provided as required by Section 4-2318.. 4-2316: FILLS 1. General. Unless otherwise recommended in the approved soil engineering report, fills shall conform to the provisions of this Section. In the absence of an approved soil engineering report these provisions may be waived for minor fills not in- tended to support structures. For minor fills or waste areas, humps, hollows or water pockets shall be graded smooth with acceptable slopes. 2. Fill Location.. Fill slopes shall not be constructed on natural slopes steeper than two (2) horizontal to one (1) vertical or where the fill slope toes out within twelve (12) feet horizon- tally of the top of existing or planned cut slopes. 3. Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, topsoil and other unsuitable materials . as: determined,.by, the soil engineer, and where the slopes are five (5) to one (1) or steeper, by benching into sound .bedrock or other competent material. 4. • Fill' Material. Earth materials shall have no more than minor amounts of organic substances and shall have no rock or similar irreducible material with a maximum dimension greater than eight inches. 5" ' Compaction. All fills shall be compacted to a minimum of ninety-five (95) percent of maximum density as determined by American Public. Works Association (APWA) specifications. Field density shall be determined in accordance with APWA standards. -19- 6. Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two (2) horizontal to one (1) vertical. 7. Drainage and Terracing. Drainage and terracing shall be pro- vided and the area above fill slopes- and the surfaces of ter- races shall be as required by Section 4-2318. 4-2317: SOLID WASTE' FILLS : 1- General. Reports by an engineer qualified in solid and sanitary waste fills shall be required. Such reports shall include but are not limited to design; insect and vermin control; physiological considerations; sight, noise and odor control of material; special ingress and egress control for equipment; and special drainage requirements. These reports shall be in addition to those re- . quired elsewhere in this Ordinance. The engineering reports submitted shall include plans, and means of preventing and eliminating any health hazards and visual problems. All phases of sanitary landfill operations and solid waste fills shall be provided in the engineering report, including type, nature, and amount'of equipment, manpower, special precautions, chemical useage and availability of granular material for the coverage of the cell material. Bonding requirements; restrictions on noise, dust and mud; special fencing requirements; special precautions required; and availability of twenty-four (24) hour inspection and correction of hazards shall be provided by operator agreement with the City prior to any consideration for either a sanitary landfill or solid waste fill. Unless specific, requirements are mentioned in this Section, the re- quirements of Section 4-2316 shall be followed. 2. Location. Special attention shall be given to solid waste and/or sanitary fill location to prevent undue hazard. 3. Cell Cover. Cell construction on any solid waste fill shall consist of at least a six (6) inch non-contaminated uniformly graded granular cover material covering the entire area of the cell construction. Each cell shall be covered the same day it is constructed. 4. Compaction. Compaction of the solid waste or sanitary fill material and mixture of the material shall be such as to pro- vide a relatively uniform density with no extreme soft spots. Density of compacted cellular solid waste material shall be as high as possible in accordance with good mixing compacting standards and shall at no time be less than forty (40) percent of the density of a similar sample of material compacted under ideal conditions by providing a fifty (50) pound per square foot surcharge-on'• a -one(1) cubic foot sample of the material. '-20- A. Bulk Items. Solid waste materials of bulk items involving metallic units similar to refrigerators, stoves, car bodies, water tanks, heavy timber items and similar items shall be placed in the lower portion of a cell with sufficient cover and compaction of cover to preclude any dangerous voids. B. Building Debris and Flammable Material. Broken wood, building material and related debris from structure removal (exclusive of brick and concrete) shall be satis- factorily broken and crushed to provide a reasonable com- pacted cell when covered by granular material. Protection shall be provided for any wood or burnable material to prevent fire either on the surface of sub-surface. The earth cover on any cell containing flammable material including paper, wood, or vegetable products shall be sufficiently covered to prevent spread of flames should combustion occur in any cell due to spontaneous combustion. C. Stabilization. Brick, broken concrete, crushed building materials, not including extensive wooden or flammable matter, may be utilized in enbankment where they may be of assistance in preventing undue sliding, water scouring or voids which might harbor vermin. This material shall be sufficiently mixed or covered with suitable granular .'material to prevent unsightly effects. D. Animal Waste. Animal waste shall be provided with suitable cover and sterilization to prevent decay odors, buildup of flammable gases, or possible leaching of putrescible material. Chemical treatment shall be provided to prevent insect habitation. E. ' Treated Fill. Materials such as hay, straw, tree limbs and brush, vegetable farm waste, feathers, rubber tires, wood pulp, chemical substances, industrial waste, and sileage type material may need special treatment before utilization in a solid waste or sanitary landfill. Special request and reports shall be made on waste materials of the foregoing types prior to placement in landfills. F. Prohibited Fill. No materials of appreciable volume of an extremely harmful nature to environment shall be placed in any solid waste or sanitary landfill. This includes, but is not limited to, any form of demolition material of an explosive nature; any volatile or liquid petroleum product; any chemical salts or soluble material which would conta- minate storm water, surface water or air; and any animal -21- meat or semi-solid fruit or grain products which might become rancid, putrescible or harmful. No provisions of the sanitary landfill or solid waste fill require- ments shall preclude the use of non-harmful native clay, sand, rock, or normal fill type materials in filling operations covered under other sections of this Ordi- nance. "5. Drainage. Special attention shall be provided drainage in any solid waste or sanitary landfill to prevent leaching of noxious or putrescible materials, decaying nuisance, any contamination of normal water courses. Where water might leach through the construction cells, subdrains, lateral collectors and storage ponds shall be provided. Leach water from solid waste shall not be permitted to percolate downward, into the water table. Leach water shall be collected and conveyed to a sewage treatment plant. 6. Water Disposal. Any leach water.coming from covered sanitary or solid waste fill cells shall be collected, stored and de- contaminated by suitable chemical or other means and then dis- posed of in a sanitary sewer. Should suitable collection facili- ties, sand filters and chemical cleaning be provided to prevent any toxicity and reduce the leach water to an equivalent of normal storm flow, the Public Works Department may permit disposal through normal storm water facilities. Frequent samples of all water collected shall be taken, and flow condi- tions shall be controlled to prevent contamination or overloading of either the sanitary or storm water facilities. Surface runoff in any sanitary pit or solid waste landfill shall be maintained separately to prevent contamination by leaching. 7. Special Considerations. Special paving, surface protection, and related health requirements may be imposed on sanitary landfill and solid waste operations. 8. Prohibited Activities. No junk picking or field salvaging of any solid waste or sanitary landfill items shall be allowed in the vicinity of the landfill. Any separation of materials for salvage shall be provided at the collection point or an approved transfer site prior to disposal at the landfill site. '•• -22- 4-2318: DRAINAGE 1. ' General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this Section. Special drainage protection work may be ordered in case of emergency or serious potential flood- ing conditions, and the grading operator required to have available an employee to be called in times of potential seri- ous emergency hazards. 2. Terrace. Terraces at least eight (8) feet in width shall be established at no more than twenty-five (25) foot intervals to control surface runoff. Suitable access shall be provided to permit cleaning and maintenance. A. Swales. Swales or ditches on the back side of the terrace shall have a maximum longitudinal gradient of two (2) per- cent unless protected by special paving, use of corrugated metal or other scour prevention devices. Drainage shall be designed to minimize trapping of excessive water which might endanger the terrace. Terraces shall slope toward the back or cut face at a minimum of ten (10) percent slope to keep water from overtopping. B. Scouring. Single run of swale or ditch 'shall not collect runoff from a- tributary area exceeding thirteen thousand five hundred (13,500) square feet of the area of the face of the slope without discharging into a down drain. Down drains shall terminate into a catch basin or other ap- proved receiver to prevent scouring at the outfall. C. Capacity. Designed capacity for terraces shall be a twenty-four (24) hour, twenty-five (25) year storm as published by the U. S. Weather Bureau. Design velocity shall be such as to avoid water transporting colloidal silts in the stream. Should request be made for vari- ation from the twenty-four (24) hour, twenty-five (25) year storm by the engineering designer, sufficient data shall be submitted in an engineering report to analyze the requested variation. When accumulated flows are such that the water is capable of transporting colloidal silts or other particles in suspension down drains, pipe or lined ditches shall be incorporated to dispose of the runoff safely. Energy dispersing structures shall be used to prevent erosion. D. Settling Ponds. Where storm water and ground conditions . appear to warrant, special holding and settling ponds, storm water storage reservoirs, or other means maybe required to prevent overload or unusual bypass of storm flow water to areas off the owner's site and control. 3. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. 4. Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the City and/or other appropriate jurisdiction as a safe place to deposit such waters. Silt and other debris shall be removed prior to the disposal of such water. If drainage facilities discharge onto natural ground, riprap may be required. A. Grade. At least two (2) percent gradient toward approved drainage facilities from building pads will be required unless waived by the Public Works Department for non-hilly terrain. Exception: The gradient from the building pad may be one (1) percent where building, construction, and erosion control will be completed before hazardous condi- tions can occur. B. Drainage Releases. The property owner or his authorized agent shall submit acceptable copies of drainage releases from downstream owners or other government agencies concerned whenever drainage is interrupted, diverted or changed from natural surface or subsurface drainage patterns. C. Stream Acceptance. The volume and rate of water released shall not exceed the receiving stream's: or watercourse's ability to accept the water without erosion. 5. . overland Runoff. Runoff from areas of higher elevation shall be safely routed around or through the extraction or fill area. 4-23T9 •;' 1 SLOPES 1. ' General. The faces of cut and fill slopes'shall be.provided and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted with the permission of the Public Works Department, provided that this protection is not required by the rehabilitation plan. 2. Other Devices. Where necessary check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and sediment, provide safety, and control the rate of water runoff. 4-2320: FINAL REPORTS 1. Upon completion of the rough grading work and at the final com- pletion of the work, the Public Works Department may require*'" the following reports and drawings and supplements thereto: A. As-Graded Grading Plan. An as-graded grading plan pre- pared by the civil engineer including original ground surface elevations, as-graded ground surface installations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall provide certification that the work was done in accordance with the final approved grading plan. B. Soil Grading Report. A soil grading report prepared by the soil engineer including locations and elevations by field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendation made in the soil engineering investigation report. The soil engineer shall provide certification as to the adequacy of the site for the intended use. C. Geologic Grading Report. A geologic grading report pre- pared by the engineering geologist including a final description of the geology of the site including any new information disclosed during the grading and the! effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall provide certification as to the adequacy of the,site for the intended use as affected by geologic factors. 2. Notification of Completion. The permittee or his agent shall notify the Public Works Department when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices and all erosion control measures have been completed in accordance with the final ap- proved grading plan and the required reports have been submitted. ~23- 4-2321: ADMINISTRATIVE LIABILITY No officer, agent or employee of the City shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the dis- charge of his duties under this Ordinance. Any suit brought against any officer, agent or employee of the City as a result of any act required or permitted in the discharge of his duties under this Ordinance shall be defended by the City Attorney until the final determination of the proceedings therein. 4-2322: VIOLATIONS AND PENALTIES Every person violating any of the provisions of this Ordinance shall be punishable upon conviction by a fine not exceeding five hundred (500) dollars, or by imprisonment not exceeding ninety (90) days or by both such fine and imprisonment, and each day's violation shall constitute a separate offefise punishable under this Ordinance. 4-2323: SEVERABILITY If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or uncon- stitutional such invalidity or unconstitutionality shall not affect the validity or consitutionality of the remaining portions of this Ordinance, it being herein expressly declared that this Ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more other sections, sub-sections, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional. 4-2324: REPEALING CONFLICTING ORDINANCES Any and: all ordinances or parts of ordinances in conflict herewith are hereby repealed*-. -26- 4-2325: EFFECTIVE DATE This Ordinance shall be in full force and effect five days from and after its passage, approval and legal publication. PASSED BY THE CITY COUNCIL THIS 14 DAY OF January , 19 74 r..)j f»+Js<L> G« . ... Delores A. Mead, City Clerk APPROVED BY THE MAYOR THIS 14 DAY OF January , 19 74 WeryGarSett, Mayor Approved as to form: Gerard M. Shellan, City Attorney Date of Publication 1-18-74