Chapter 3.25
EXCAVATION AND FILL
Sections:
Article I. General Provisions
3.25.010 Statement of purpose.
3.25.030 Adoption of Chapter 33, Uniform Building Code.
3.25.070 Fill and excavation prohibited without a permit.
3.25.080 Warning and disclaimer of liability.
3.25.090 Exemptions from chapter provisions.
Article II. Administration
3.25.100 Application for permit.
3.25.110 Supporting documents required.
3.25.140 Floodplain requirement.
3.25.180 Penalties for noncompliance.
Article I. General Provisions
3.25.010 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to improperly placed fill and uncontrolled excavation activities by:
(1) Establishing standards for the placement of fill and removal of earth materials;
(2) Establishing the criteria for type and extent of reports required in conjunction with fill and excavation activities;
(3) Requiring engineering design for work which is extensive or complex in nature;
(4) Providing for the submission of test data when deemed necessary by the building official;
(5) Establishing requirements for the type and frequency of inspections;
(6) Establishing the basis for bonding requirements;
(7) Establishing administrative requirements relative to the issuance of fill and excavation permits;
(8) Establishing fee schedules to cover the cost of plans examination and inspections of work;
(9) Outlining the process for appeal. [Ord. 342 § 1.0, 1998.]
3.25.020 Definitions.
In addition to the definitions of Section 3308 Appendix Chapter 33, of the Uniform Building Code (UBC), the following definitions apply to this chapter:
“Authorized” refers to authorization by the building official as the result of investigation and test conducted by him or on his behalf, by his acceptance of engineering or geological studies, or by reason of accepted principles or tests by a national technical or scientific organization.
“Building official” means a person charged by the Halsey city council with responsibility for administration and enforcement of the state and county building codes, to include fill and excavation work.
“Development” means any manmade changes to improved or unimproved real estate, to include but not limited to filling, excavation, drilling or dredging operations.
“Drainage course” means any natural or developed area that has been used for conveying of water, either year round or intermittently, through, across, below or around an area, to include terracing from a point of higher elevation to a lower point.
“Flood hazard boundary map” means an official map of a community issued by the Federal Insurance and Mitigation Administration where the boundaries of a flood have been designated as Zone A.
“Floodplain” means any land area susceptible to being inundated by water from any source, which areas are delineated on flood hazard boundary maps prepared for the city of Halsey under the auspices of the Federal Insurance and Mitigation Administration.
“Floodway” means the channel of a river or other watercourse and the adjacent land area outlined on flood hazard boundary maps that must be reserved in order to discharge the base flood without increasing the water surface elevation more that one foot.
“Grading permit” means a permit that, when approved, provides authorization to do filling and/or excavation.
“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. [Ord. 342 § 2.0, 1998.]
3.25.030 Adoption of Chapter 33, Uniform Building Code.
(1) Chapter 33 and Appendix, Chapter 33 of the Uniform Building Code, 1994 Edition, as promulgated by the International Conference of Building Officials are hereby adopted as part of this chapter.
(2) Sections 106.3.1 302(a) and 106.4 303(a), State of Oregon Structural Specialty Code, 1994 Edition (amended through 1996), as promulgated by the International Conference of Building Officials is hereby adopted as part of this chapter.
(3) Subsequent amendments to Chapter 33 shall be subject to review and approval by the Halsey city council following standard city ordinance amendment procedures. [Ord. 342 § 2.1, 1998.]
3.25.040 Applicability.
This chapter shall apply to all land within the city of Halsey except:
(1) State, federal, county and city road rights-of-way.
(2) Drainage courses or parts thereof in which fill or removal of materials is regulated by state or federal agencies. [Ord. 342 § 2.2, 1998.]
3.25.050 Interpretation.
Should any provision of this chapter outside Appendix, Chapter 33, Uniform Building Code, be in conflict with a provision of Chapter 33, the provision outside Chapter 33 is the one that controls. [Ord. 342 § 2.3, 1998.]
3.25.060 Basic requirements.
The basic requirements for grading permits are contained in Appendix Chapter 33, Uniform Building Code, 1994 Edition, as amended. [Ord. 342 § 2.4, 1998.]
3.25.070 Fill and excavation prohibited without a permit.
(1) No person may fill or excavate in or on the land areas of the city of Halsey covered by this chapter, unless otherwise exempted by the provisions of this chapter without first obtaining a grading permit from the city of Halsey or other agency as may hereafter be designated by the Halsey city council.
(2) No person may fill or excavate within a designated floodplain or floodway, as delineated on a flood hazard boundary map, unless such fill or excavation complies with all provisions of the Linn County Flood Damage Prevention Code. [Ord. 342 § 2.5, 1998.]
3.25.080 Warning and disclaimer of liability.
The provisions of this chapter shall be deemed to be minimum performance requirements and do not preclude the permit holder from exercising more stringent measures in terms of sound engineering practices. These provisions shall not be interpreted as acting as a basis for waiver or appeal of other existing statutory requirements of a similar nature. This chapter is based on engineering and other related scientific methods and is intended to provide for a reasonable degree of protection for regulatory purposes. It shall not create liability on the part of the city of Halsey or any officer or employee thereof for any damages resulting from reliance on this chapter or administrative decision related thereto. [Ord. 342 § 2.6, 1998.]
3.25.090 Exemptions from chapter provisions.
The following activities or uses are exempt from the provisions of this chapter:
(1) Activities or uses listed under Section 3306.2 of Appendix Chapter 33, Uniform Building Code.
(2) Quarrying, excavating, processing and stockpiling of rock, sand, gravel, aggregate or clay as a commercial operation, where the overburden and products derived from the on-site operation are relocated and deposited as a fill or as a stockpile product within the confines of the primary operation.
(3) Normal routine farming activities necessary to manage land, crops and/or animals for food production, including tile drainage, field drainage ditches, and other necessary conservation practices without damaging off-site property, where property is not located in a designated floodplain. [Ord. 342 § 2.7, 1998.]
Article II. Administration
3.25.100 Application for permit.
Person(s) or other entities desiring to perform fill or excavation activities shall, prior to the commencement thereof, first obtain a grading permit by applying at the city of Halsey City Hall. A fee, based upon a fee schedule adopted by the Halsey city council, shall accompany an application for a grading permit. [Ord. 342 § 3.1, 1998.]
3.25.110 Supporting documents required.
When required by the building official, each application shall be accompanied by three sets of grading plans which reflect the extent of work to be performed, both in type and quantity. [Ord. 342 § 3.2, 1998.]
3.25.120 Plans review.
Depending on the size, amount and complexity of the proposed work, a plan review may be required prior to the issuance of the permit. A determination of the need for a plan review will be made by the building official or his designated representative at the time of application for the permit. [Ord. 342 § 3.3, 1998.]
3.25.130 Zoning review.
All permit applications will be subject to review for determination of compliance with the city of Halsey zoning ordinance and other county ordinances that may be applicable. [Ord. 342 § 3.4, 1998.]
3.25.140 Floodplain requirement.
All fill and excavation work proposed for locations within a designated floodplain or floodway as delineated on a flood hazard boundary map shall comply with all provisions of state and federal law as well as this chapter. [Ord. 342 § 3.5, 1998.]
3.25.150 Drainage courses.
(1) Property owners are obligated under this chapter to maintain drainage courses on their property to prevent excessive damage caused by sediment and/or vegetation build-up or by other obstructions. Maintenance of natural drainage courses is required so that drainage capacity is not significantly diminished. Maintenance of drainage courses means that vegetation and/or sediment build-up and other obstructions shall be managed so that water can flow without causing excessive flooding or drainage problems on other downstream or upstream property.
(2) All fill and excavation work performed in a drainage course shall conform to the provisions of Section 3315 Appendix, Chapter 33, Uniform Building Code, relative to degree of slope and configuration of finished grading.
(3) Any maintenance, fill, excavation or placement of an obstruction in a drainage course performed by a property owner, their agent or contractor must be in compliance with removal/fill requirements administered by the Oregon Department of State Lands and/or U.S. Army Corps of Engineers and this chapter.
(4) Fill and excavation work performed in a drainage course shall not cause or contribute to a significant increase in flood levels on other property.
(5) Any fill or excavation activities must meet required setbacks from subsurface sewage disposal systems.
(6) The building official may require the property owner or owner’s agent to submit a report certified by a professional engineer that concludes any fill or removal work will not adversely affect other property. [Ord. 342 § 3.6, 1998.]
3.25.160 Enforcement.
The building official may order the property owner or the owner’s agent to stop work whenever the official reasonably believes that fill or excavation being performed on the owner’s property violates any provision of this chapter or Appendix Chapter 33, Uniform Building Code. [Ord. 342 § 4.0, 1998.]
3.25.170 Appeals.
(1) The Halsey city council shall hear and render decisions pertaining to appeals regarding requirements of this chapter or from decisions by the building official in its application. An appeal shall be filed with the city of Halsey city recorder within 10 working days from the date of decision. The appeal shall be accompanied by filing fee in the amount established by order adopted by the Halsey city council.
(2) Right of Access. The appellant shall, at the time of filing an appeal, provide written approval for city staff for access to the affected property for the purpose of preparing a staff report when deemed necessary by the building official.
(3) Representation. The appellant may be represented by legal counsel or other agent of his own choosing if counsel or other assistance is desired. However, all expense in connection therewith shall be borne by the appellant.
(4) Public Hearing. When an appeal of an action by the building official to approve or disapprove a grading permit is filed, a public hearing shall be conducted. Notices shall be mailed to all parties owning property that is contiguous to, or within 250 feet of, property that is the proposed location of the matter being appealed. All parties shall be notified not less than 10 days or more than 15 days prior to the date of the public hearing.
(5) Procedures. The city council shall adopt reasonable rules and regulations for conducting its investigation and public hearings.
(6) Decisions and Findings and Action on Appeals by the Halsey City Council.
(a) The Halsey city council shall issue a final decision relative to the consideration of all issues. All decisions and findings of the Halsey city council shall be in writing, citing the basis for the decision. Copies of the decision shall be provided to the building official, to the appellant and to the person who requested the grading permit (if different from the appellant). The decision shall either uphold, deny or modify the action by the building official, or may refer the case back to the building official for additional review.
(b) The findings may be rendered at the conclusion of the hearing or at a subsequent established time, depending upon the complexity of the proceedings. The time for rendering of a decision shall be at the discretion of the Halsey city council, but shall not exceed 30 days from the date of the hearing unless the appellant agrees to an extension.
(c) In arriving at a decision, the Halsey city council shall consider all the relevant evidence presented at the hearing and shall base its decision on:
(i) The technical data submitted in support or opposition to the appeal;
(ii) The standards and requirements mandated in other sections of this chapter, to include Appendix, Chapter 33, Uniform Building Code;
(iii) The immediate or potential effects that the requested action may have on adjacent property;
(iv) The compatibility of the proposed work in relation to existing uses in the area;
(v) The relationship between the fill or excavation and other existing structures;
(vi) The environmental impact of the work to be performed relative to wildlife habitat and potable water supply systems in the area;
(vii) The possible effects of the fill/excavation when work is located in a floodplain;
(viii) The relationship of the proposed work to the comprehensive plan and to zoning and building codes;
(ix) The basis for denial by the building official.
The decision by the Halsey city council shall be final. [Ord. 342 § 5.0, 1998.]
3.25.180 Penalties for noncompliance.
Any person who violates, aids, or abets any violation of a provision of this chapter or a final order issued pursuant to this chapter, or a stop work order issued pursuant to this chapter, shall upon conviction therefor be fined not more than $500.00 for each single offense or $1,000 for a continuing offense. [Ord. 342 § 6.0, 1998.]