Chapter 18.255
EROSION CONTROL
Sections:
18.255.050 General requirements.
18.255.060 Specific requirements.
18.255.070 Other requirements.
18.255.080 Erosion control plans.
18.255.090 Erosion control plans—Building permits.
18.255.100 Contractor certification.
18.255.110 Enforcement—Stop work order.
18.255.120 Enforcement—Citation.
18.255.130 Enforcement—Civil penalty.
18.255.150 Abatement of immediate hazard.
18.255.170 Conflicting standards.
18.255.180 Construction details.
18.255.010 Findings.
A. Erosion and sedimentation from land-disturbing activities detrimentally affects the public health, safety, and general welfare in the following ways:
1. Increases the risk of flooding because streams and stormwater facilities that receive excessive sediment have a reduced capacity to convey water;
2. Damages fisheries when siltation clogs spawning gravel and when excessive turbidity impairs the feeding ability of aquatic animals;
3. Increases public expenditures for maintenance of stormwater facilities that receive excessive amounts of sediment;
4. Damages adjacent properties, including public rights-of-way, when sediment is deposited on these properties;
5. Increases public expenditures for cleaning and maintaining roadway surfaces that receive excessive sediment; and
6. Promotes transport of nutrients to lakes causing algal blooms and oxygen depletion.
B. Erosion control is important to prevent harm to the public health or safety.
C. Erosion can best be controlled through the implementation of best management practices (BMPs). (Ord. 04-025 § 9 (part), 2004)
18.255.020 Purpose.
It is the purpose of this chapter to prevent harm to the health or safety of the public and to promote the public health, safety, and general welfare by providing for the minimization of erosion from land development and land-disturbing activities, in order to:
A. Prevent erosion and sedimentation of creeks, streams, ponds, lakes, wetlands, and other water bodies;
B. Prevent damage to property from increased erosion rates and volumes;
C. Protect the quality of land for recreation, fishing, and other beneficial use;
D. Establish sound development policies, which protect and preserve the city’s land resources;
E. Protect roads and rights-of-way from damage due to inadequately controlled erosion;
F. Preserve and enhance the aesthetic quality of land resources; and
G. Protect the health, safety, and welfare of the inhabitants of the city. (Ord. 04-025 § 9 (part), 2004)
18.255.030 Applicability.
A. Provisions of this chapter apply to land-disturbing activities, as outlined in BGMC 18.255.080, 18.255.090, and the BMP manual.
B. Commercial agriculture and forest practices regulated under WAC Title 222 are exempt from the provisions of this chapter. (Ord. 04-025 § 9 (part), 2004)
18.255.040 Definitions.
For the purpose of this chapter, the following definitions shall apply:
“Best management practices” or “BMPs” means physical, structural, and managerial practices that when used singly or in combination prevent erosion.
“BMP manual” means the most current edition of the Stormwater Management Manual for Western Washington, Volume II, Construction Stormwater Pollution Prevention.
“Building official” means the city of Battle Ground building official or his/her designee.
“City engineer” means the city of Battle Ground city engineer or his/her designee.
“Clearing” means removing or disturbing over twenty cubic yards or half an acre of vegetation or soil.
“Hearings examiner” means the person established to do so pursuant to Chapter 2.10 BGMC.
“Land-disturbing activity” means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) or existing soil topography. Land-disturbing activities include, but are not limited to, demolition, reconstruction, construction, clearing, grading, filling, and excavation.
“New development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, creation of impervious surfaces, or drilling operations.
“Officer” means the person designated by the city engineer for work in the public right-of-way or the building official for work on private property to enforce this chapter.
“Planning director” means that employee of the city of Battle Ground charged with the responsibility of administering and enforcing land development regulations in the city or his/her designee.
“Redevelopment” means, on an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation, or expansion of a building or other structure, and/or replacement of impervious surfaces that are not part of a routine maintenance activity; and land-disturbing activities associated with structural or impervious redevelopment. (Ord. 04-025 § 9 (part), 2004)
18.255.050 General requirements.
A. Meeting the requirements of this chapter and the BMP manual is the responsibility of the property owner on whose parcel the land-disturbing activity occurs and the person undertaking such activities. In addition, if the land-disturbing activity involves a city-issued permit, the permit holder is also responsible for meeting the requirements of this chapter.
B. If the BMPs applied to a site are insufficient to prevent sediment from reaching water bodies, adjacent properties, or public rights-of-way, then additional BMPs shall be required. (Ord. 04-025 § 9 (part), 2004)
18.255.060 Specific requirements.
The following is required of all projects required to provide erosion control plans per BGMC 18.255.080 and/or 18.255.090. The corresponding BMPs in the BMP manual are listed in parentheses.
A. Delineate Clearing Limits. Clearing limits and/or any easements, setbacks, sensitive/critical areas and their buffers, trees to remain, and drainage courses shall be marked with plastic, metal, or stake wire fence or other similar approved method. (BMP C103 and C104) The duff layer, native topsoil, and natural vegetation shall be retained in an undisturbed state to the maximum degree practicable.
B. Construction Access Route. Construction vehicle access shall be limited to one route unless a second access is approved due to site constraints. Under no circumstances shall a second entrance be allowed onto a local “A,” local “B,” or neighborhood collector classified street, pursuant to BGMC 12.116.040, and shall there ever be more than two entrances. Access points shall be located away from local and residential streets when possible. Access point(s) shall be built per the City of Battle Ground Standard Construction Details to minimize the tracking of sediment, mud, or debris onto public roads. Evidence of tracking of material from a construction site will require construction activities to cease until corrections are made. Vehicles not performing a construction activity shall not be permitted off-street. Worker personal vehicles or vehicles not performing a construction activity shall be parked on adjacent streets or other approved impervious areas. (BMP C105, C106, and C107)
C. Stabilization of Denuded Areas. All exposed soils shall be stabilized, in a timely manner, by suitable application of BMPs, including but not limited to seeding, mulching, nets, blankets, plastic covering, sodding, other vegetation, crushed aggregate on areas to be paved, and polyacrylamide (PAM) when approved by the city engineer. All exposed and disturbed soils shall be stabilized by the appropriate BMP. During the period from October 1st to April 30th no soil shall be exposed for more than two calendar days. From May 1st to September 30th no soil shall be exposed more than seven calendar days. Soils shall be stabilized at the end of the shift before a holiday or weekend if needed, based on the weather forecast. All BMPs shall be selected, designed, and maintained in accordance with City of Battle Ground Standard Construction Details and the BMP manual. (BMP C120 through C126, C130, and C131)
D. Dust Control. Measures shall be in place to prevent wind transport of dust from disturbed soil surfaces onto roadways, drainage ways, surface waters, and into the air. All BMPs shall be selected, designed, and maintained in accordance with City of Battle Ground Standard Construction Details and the BMP manual. (BMP C140)
E. Protection of Water Bodies and Adjacent Properties. Water bodies and adjacent properties shall be protected from sediment deposition by appropriate use of vegetative filter strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate BMPs. (BMP C200 through C209)
F. Storm Drain Inlet Protection. All storm drain inlets shall be protected so that stormwater runoff shall not enter the conveyance system without first being filtered or otherwise treated to remove sediment. BMPs shall be selected, designed, and maintained in accordance with City of Battle Ground Standard Construction Details and the BMP manual. Other BMPs may be utilized, provided they have prior approval by the city engineer. (BMP C220)
G. Temporary BMPs. Temporary BMPs shall be used where necessary in accordance with the BMP manual. This includes straw bale barriers, brush barriers, gravel filter berms, silt fence, vegetated strips, and straw wattles. All temporary erosion and sediment control BMPs shall be removed within thirty days after final site stabilization is achieved or after the temporary BMPs are no longer needed, whichever is earlier. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal shall be permanently stabilized. (BMP C230 through C235)
H. Sediment Traps and Ponds. Prior to leaving a site, stormwater runoff shall pass through a sediment pond, sediment trap, or other approved BMP system designed to treat the two-year, twenty-four-hour storm for the developed condition. Sediment traps are restricted to tributary areas less than three acres. Sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on site shall be constructed as a first step in grading. These BMPs shall be stabilized and functional before land-disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched according to the timing indicated in subsection C of this section. (BMP C240 and C241)
I. Properties and waterways downstream from development sites shall be protected from erosion due to increases in the velocity and peak volumetric flow rate of stormwater runoff from the project site.
Where necessary to comply with this subsection, stormwater retention or detention facilities shall be constructed as one of the first steps in grading. Detention facilities shall be functional prior to construction of site improvements (e.g., impervious surfaces).
J. Development projects shall be phased to the maximum degree practicable and shall take into account seasonal work limitations. (Ord. 16-16 § 2 (part), 2016: Ord. 10-08 § 5, 2010; Ord. 04-025 § 9 (part), 2004)
18.255.070 Other requirements.
A. Sediment Removal from Roadways. Tracking of sediment, mud, or debris onto a road surface is strictly prohibited. Should any sediment, mud, or debris be transported onto a road surface, it will be cleaned immediately and a wheel wash shall be required. To clean the road surface, significant soil deposits shall be removed from roads by shoveling and sweeping and be transported to a controlled sediment disposal area. Debris must be kept clear of the gutter. Street washing is not allowed unless approved in writing by the city engineer and only after sediment is removed in the manner described above. Prior to washing, all inlets and downstream facilities must be protected.
B. Infiltration System Protection. Permanent infiltration systems shall be isolated and protected from sedimentation by sediment traps, sacrificial systems, duplicate systems, or redundant systems.
C. Stabilization of Temporary Conveyance Channels and Outlets. All temporary on-site conveyance channels shall be designed, constructed, and stabilized to prevent erosion from the expected peak ten-minute flow velocity from a Type 1A, ten-year, twenty-four-hour frequency storm for the developed condition. Alternatively, the ten-year, one-hour flow rate predicted by an approved continuous runoff model, increased by a factor of 1.6, may be used.
Stabilization adequate to prevent erosion of outlets, adjacent stream banks, slopes, and downstream reaches shall be provided at the outlets of all conveyance systems.
D. Underground Utility Construction. The construction of underground utility lines shall be subject to the following requirements:
1. The length of trench opened at one time shall be minimized and, where feasible, no more than five hundred feet of trench shall be opened at one time.
2. Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches.
3. Trench dewatering devices shall discharge into a sediment trap or sediment pond.
a. Clean, nonturbid dewatering water can be discharged to drainage systems that lead to, or directly to, waters of the state; provided, that the dewatering flow does not cause erosion or flooding of receiving waters.
b. Highly turbid or contaminated dewatering water shall be handled separately from stormwater.
4. BMPs shall be used to control erosion during and after construction.
5. BMPs damaged during construction shall be replaced or repaired.
6. An erosion control plan specifically related to underground work shall be submitted and approved prior to beginning work.
7. Underground utility construction work located in roadways shall follow the same guidelines as outlined in BGMC 18.255.070(A).
E. Construction Site Dewatering. Dewatering devices shall discharge into a sediment trap or sediment pond.
F. Control of Pollutants Other Than Sediment on Construction Sites. All pollutants other than sediment that occur on site during development shall be handled and disposed of in a manner that does not cause contamination of stormwater.
1. All chemicals, liquid products, petroleum products, and other materials that pose a threat to human health or the environment shall be protected from stormwater.
2. Maintenance, fueling and repair of equipment shall be conducted using spill prevention and control measures. On-site fueling tanks shall contain secondary containment. Contaminated surfaces shall be cleaned immediately following a spill incident.
G. Cut-and-Fill Slopes. Cut-and-fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with BGMC 18.255.060(C).
1. Off-site stormwater (run-on) or groundwater shall be diverted away from slopes and undisturbed areas with interceptor dikes, pipes and/or swales. Off-site stormwater should be managed separately from stormwater generated on the site.
2. At the top of slopes, collect drainage in pipe slope drains or protected channels to prevent erosion. Temporary pipe slope drains shall handle the expected peak ten-minute flow velocity from a Type 1A, ten-year, twenty-four-hour frequency storm for the developed condition. Alternatively, the ten-year, one-hour flow rate predicted by an approved continuous runoff model, increased by a factor of 1.6, may be used.
H. Miscellaneous. All concrete work shall meet requirements of BMP C151 and all sawcutting shall meet requirements of BMP C152.
I. Maintenance. All erosion and sediment control BMPs shall be regularly inspected at least daily, maintained, and repaired as needed by the property owner or permit holder to ensure continued performance of their intended function. A maintenance log shall be provided and kept as permanent record. The maintenance log shall be in a designated on-site location. Uncompleted construction sites, where work is on hold, shall be inspected at least once a week and after each rainfall and shall be repaired if needed. An inspection log shall be maintained from the beginning of construction until the completion of the warranty period and final project inspection.
J. Financial Liability. Performance bonding, or other appropriate financial instruments, for the value of the BMPs required per approved plans, shall be required for all development or redevelopment projects that include the creation or addition of five thousand square feet, or greater, of new impervious surface area, and/or land-disturbing activity of one acre or greater.
K. Completion. Within two calendar days, during October 1st through April 30th, and seven calendar days, during May 1st through September 30th, any area where erosion control measures have been removed, pursuant to this chapter, shall be replaced to a state where erosion control measures are no longer required. This can be done with vegetation or with structures such as driveways, sidewalk, or buildings. (Ord. 10-08 § 6, 2010; Ord. 04-025 § 9 (part), 2004)
18.255.080 Erosion control plans.
A. An erosion control plan shall be submitted for review and approval prior to clearing, grading, or construction for any of the following projects involving land-disturbing activity:
1. Subdivisions;
2. Short subdivisions (short plats);
3. Site plan approvals;
4. Grading permits;
5. Clearing and grading;
6. Fill and excavation;
7. Demolition projects;
8. Street cuts; or
9. Any application that the planning director determines poses a risk of erosion impacting adjacent properties, water bodies, or public rights-of-way, and those described in the BMP manual.
B. The erosion control plan shall be designed and stamped by a civil engineer, licensed in the state of Washington, and in conformance with this chapter and the BMP manual. The erosion control plan shall be submitted and approved prior to issuance of city permits or approval involving a land-disturbing activity. Residential homeowners undertaking their own development activity shall be exempt from the requirement of engineered plans, provided the City of Battle Ground Standard Construction Details are adequate or the project poses no risk to public health, safety, and welfare based on BGMC 18.255.020.
C. The erosion control plan must include all applicable BMPs from BGMC 18.255.060 and 18.255.070.
D. The erosion control plan must incorporate the City of Battle Ground Standard Construction Details for erosion control.
E. If an approved and properly implemented erosion control plan is deemed insufficient to prevent sediment from reaching water bodies, adjacent properties, or public rights-of-way, then additional measures shall be implemented as directed by the city to control such sediment. (Ord. 04-025 § 9 (part), 2004)
18.255.090 Erosion control plans—Building permits.
A. An erosion control plan shall be submitted for review and approval prior to permit issuance for clearing, grading, or construction for any project requiring a building permit, except as determined by the building official:
1. A plan approved per BGMC 18.255.080 would be sufficient;
2. The City of Battle Ground Standard Construction Details are adequate;
3. An exception is granted pursuant to Section 106.1 of the International Building Code; or
4. The project poses no risk to public health, safety, and welfare based on BGMC 18.255.020.
B. The erosion control plan shall be designed and stamped by a civil engineer, licensed in the state of Washington, and in conformance with this chapter and the BMP manual. The erosion control plan shall be submitted and approved by the building official prior to issuance of a building permit.
C. The erosion control plan must include all applicable BMPs from BGMC 18.255.060, 18.255.070, and BMP C180 from the BMP manual.
D. The erosion control plan must incorporate the City of Battle Ground Standard Construction Details for erosion control.
E. If an approved and properly implemented erosion control plan is deemed insufficient to prevent sediment from reaching water bodies, adjacent properties, or public rights-of-way, then additional measures shall be implemented as directed by the city to control such sediment. (Ord. 04-025 § 9 (part), 2004)
18.255.100 Contractor certification.
All development activities requiring a stormwater pollution prevention plan shall be supervised by an individual who shall have successfully completed formal training in erosion and sediment control during construction by a recognized organization acceptable to the city. A certification or sufficient evidence of successful completion of such training shall be submitted prior to construction. (Ord. 16-16 § 2 (part), 2016: Ord. 10-08 § 7, 2010: Ord. 04-025 § 9 (part), 2004)
18.255.110 Enforcement—Stop work order.
A. At any time, if the officer finds that any violation of this chapter poses an immediate threat to the general health, safety, or welfare of the public or, if continued, would result in damage to public or private property or the environment, a stop work order may be issued. Such stop work order shall contain the information set forth in Chapter 20.100 BGMC, and shall be in full force and effect until the officer determines that sufficient compliance has been achieved to warrant removal of the stop work order.
B. Anyone violating a stop work order shall be issued a citation per BGMC 18.255.120 and 18.255.130.
C. Stop work orders may be appealed to the hearing examiner pursuant to BGMC 17.200.140, but shall remain in effect until lifted or successfully appealed. (Ord. 04-025 § 9 (part), 2004)
18.255.120 Enforcement—Citation.
A. Generally. In addition or as an alternative to any other judicial or administrative remedy provided herein, in BGMC Title 20, or by law, the officer may, after investigation of the violation, issue a citation imposing a penalty upon any person who creates or maintains a nuisance, violates any portion of this chapter, or rules and regulations adopted thereunder, or by each act of commission or omission procures, aids, or abets such a violation. All persons issuing citations shall be authorized by the planning director, city engineer, or building official and a list of those authorized maintained by the planning director, city engineer, or building official.
All civil penalties assessed will be enforced and collected in accordance with the lien, personal obligation, and other procedures specified in this chapter, BGMC Title 20, or as authorized by law.
B. Requirements of Citation.
1. A citation conforming to the requirements of this section may be used for all ordinance violations of this chapter which occur in the city of Battle Ground.
2. The citation shall contain the following information or blanks in which such information is entered:
a. Citation number;
b. Name of the person cited;
c. Name of the property owner;
d. Section of the ordinance or code violated;
e. A brief description of the violation of which the person is charged in such manner as can be readily understood by a person making a reasonable effort to do so;
f. The date and place at which the violation occurred and the date on which the citation was issued;
g. The place where the person cited can appeal to a hearing examiner and the time within which such appeal must be filed;
h. The penalty fixed for the violation by BGMC 18.255.130;
i. The citation shall contain a certification to the effect that he/she certifies that he/she has reasonable grounds to believe, and does believe, that the person cited committed a violation of a city of Battle Ground ordinance;
j. The citation shall contain a signature line, where the person receiving the citation can sign stating they have received the citation, but not admitting guilt;
k. In addition, the citation shall contain a notice to the person that the citation will be filed with the prosecuting attorney’s office; and
l. The reverse side of the citation shall contain the following in a form substantially as follows:
READ CAREFULLY
You have been cited for a violation of a City of Battle Ground ordinance. You MUST do ONE of the following:
1. Mail to City of Battle Ground, Community Development Office, 109 SW 1st Street, Suite 127, Battle Ground, Washington 98604, this citation, together with a check or money order, payable to the City of Battle Ground, in the amount of the penalty shown on this citation. THIS CITATION AND THE PAYMENT OF PENALTY MUST REACH THE COMMUNITY DEVELOPMENT OFFICE WITHIN THIRTY DAYS OF THE DATE OF ISSUANCE OF THIS CITATION.
ADMISSION
I, the undersigned, do hereby ACCEPT RESPONSIBILITY for said violation as cited, WAIVE my right to an APPEAL HEARING, and agree to pay the penalty prescribed for my violation.
__________________________________
(Defendant’s Name)
2. File an appeal by signing the REQUEST FOR APPEAL and returning it to City of Battle Ground, Community Development Department, 109 SW 1st Street, Suite 127, Battle Ground, Washington 98604, within ten days from the date of this citation. The Code Enforcement Office will then set a time for a hearing.
REQUEST FOR APPEAL
I, the undersigned, do hereby request an appeal hearing for the violation charged on the other side of this citation. I am requesting an appeal because I do not believe I am in violation of the cited ordinance for the following reason(s).
__________________________________
(Appellant’s Name)
IF YOU FAIL TO COMPLY WITH THESE INSTRUCTIONS, A FINDING OF VIOLATION WILL BE ENTERED AND THE PENALTY MAY BE COLLECTED THROUGH THE LIEN PROCEDURE (BGMC 20.100).
IF YOU BELIEVE THE CITATION WAS WRITTEN IN ERROR AND WISH TO CONTACT SOMEONE IMMEDIATELY CALL (360) 342-5000 AND LEAVE A MESSAGE FOR THE OFFICER WHO WILL CONTACT YOU WITHIN 24 HOURS AND PROVIDE INFORMATION REGARDING THE VIOLATION OR APPEAL.
Regardless of whether you call, you must still timely pay the penalty or appeal.
C. Appeals. Citations may be appealed to the hearing examiner pursuant to BGMC 17.200.140.
D. Settlement and Disposition of Penalties. The planning director, city engineer, or building official is authorized to enter into negotiations with the parties, or their legal representatives, named in an enforcement action involving any provision of this chapter for the collection of penalties, to negotiate a settlement, compromise, or suspension, when to do so will be in the best interests of the city; provided, that a report shall be submitted to city council in any instance where a compromise settlement is negotiated. (Ord. 04-025 § 9 (part), 2004)
18.255.130 Enforcement—Civil penalty.
In addition to or as an alternative to any other judicial or administrative remedy provided herein or by law, any person who violates this chapter, or rules and regulations adopted thereunder, or by each act of commission or omission procures, aids, or abets such violation, shall be subject to a civil penalty as provided in Table 18.255.130. Each day may constitute a new violation. All civil penalties assessed will be enforced and collected in accordance with the lien, personal obligation, and other procedures specified in BGMC Title 20 or as authorized by law.
|
# |
Violation |
First Violation |
Subsequent Violation |
|---|---|---|---|
|
.01 |
Erosion control not per plans or code |
$250 |
$500 |
|
.02 |
Failure to maintain erosion control properly |
$250 |
$500 |
|
.03 |
Failure to meet BMP C151 (Concrete Handling) |
$250 |
$500 |
|
.04 |
Failure to meet BMP C152 (Sawcutting Pollution) |
$250 |
$500 |
|
.05 |
Failure to have maintenance or inspection log on site |
$500 |
$1,000 |
|
.06 |
Failure to update maintenance or inspection log |
$250 |
$500 |
|
.07 |
Failure to have a certified individual on site |
$250 |
$500 |
|
.08 |
No erosion control |
$500 |
$1,000 |
|
.09 |
Violation of stop work order |
$1,000 |
$1,000 |
(Ord. 04-025 § 9 (part), 2004)
18.255.140 Liability.
Nothing in this chapter shall be deemed to impose any liability upon the city of Battle Ground or upon any of its officers or employees, or to relieve the owner or occupant of any private property from the duty to maintain their property in a safe condition. (Ord. 04-025 § 9 (part), 2004)
18.255.150 Abatement of immediate hazard.
If an immediate hazard to public safety is present the city may abate such hazard without following the procedures of this chapter. In such a case a meeting may be held or offered after the abatement, after notice, and, if the hearing examiner finds that a hazard existed and that its immediate correction was necessary, the amount of the cost shall be billed and if not paid shall be filed as a lien against the property. (Ord. 04-025 § 9 (part), 2004)
18.255.160 Emergency work.
Any work, determined by the city engineer to be emergency, shall be exempt from this chapter for twenty-four hours. However, this chapter must be followed if practical. If work extends past twenty-four hours the provisions of this chapter shall go into effect. Even if the work lasts less than twenty-four hours the restoration requirements of BGMC 18.255.070(K) must be met. (Ord. 04-025 § 9 (part), 2004)
18.255.170 Conflicting standards.
Where there is a conflict between the requirements of this chapter and the BMP manual, the provisions of this chapter shall prevail including the City of Battle Ground Standard Construction Details. (Ord. 04-025 § 9 (part), 2004)
18.255.180 Construction details.
The City of Battle Ground Standard Construction Details for erosion control are kept on file at the city and maintained by the city engineer. (Ord. 04-025 § 9 (part), 2004)