§ 7.90.270 EROSION CONTROL SYSTEMS.
   (A)   Design and development standards. All erosion control systems required by the erosion control plan shall be designed and developed in accordance with the following standards:
      (1)   Erosion control systems shall be designed and developed in conformance with the erosion control plan unless otherwise approved by the City Engineer/Public Works Director.
      (2)   All sediment shall be contained on-site. Runoff from disturbed areas shall be detained or filtered by berms, swales, ditches, filter strips or other means as necessary to prevent the escape of sediment from the site. Sediment control devices shall be installed prior to or concurrent with the initial grading work and shall be maintained throughout the development process.
      (3)   Erosion shall be prevented at locations where runoff is concentrated. Where runoff will be discharged to natural ground or channels, appropriate energy dissipaters shall be installed to prevent erosion at the point of discharge.
      (4)   Desilting facilities shall be provided at drainage outlets from the graded site.
      (5)   Desilting basins shall be designed to provide a desilting capacity capable of containing the anticipated runoff for a period of time adequate to allow settling of suspended solids.
      (6)   Desilting basins shall generally be located at the perimeter of development projects. Basins should be located where maintenance access is provided from paved roads during wet weather.
      (7)   Desilting basins constructed from compacted earth shall be compacted to a relative compaction of 90% of maximum density. A soil engineering report including the type of field-testing performed and the location and results of testing shall be submitted to the City Engineer/Public Works Director for approval upon completing the desalting basin(s).
      (8)   Equipment and workers for emergency work shall be available at all times. Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid construction of temporary erosion control devices if needed.
      (9)   Unless otherwise approved by the City Engineer/Public Works Director, erosion control systems shall include effective stabilization on all slopes in excess of three feet in height. Slopes exceeding 15 feet in height may require an adequate sprinkler system, as determined by the City Engineer/Public Works Director.
      (10)   All slopes greater than five feet in height shall be permanently stabilized with landscaping. If the permanent landscaping is not installed or cannot be sufficiently established within a reasonable time period as determined by the City Engineer/Public Works Director, the slope(s) shall be stabilized with BMPs approved by the City Engineer/Public Works Director.
      (11)   All disturbed slopes shall be planted and protected within seven days of the completion of each stage of grading. Suitable measures to prevent slope erosion, including but not limited to rapid growth vegetation sufficient to stabilize the soil, shall be installed on all disturbed areas until the permanent vegetative cover sufficiently matures to provide permanent stability.
      (12)   Erosion control systems shall include and complement drainage patterns during the current and future phases of grading.
      (13)   Graded areas around the perimeter of the development project must drain away from the face of slopes at the conclusion of each working day.
      (14)   If a development project includes grading or construction within close proximity (as determined by the City Engineer/Public Works Director) of any environmentally sensitive area, additional erosion control systems may be required within all disturbed areas in order to minimize the impacts to the environment. The erosion control systems shall be completed, inspected and operational within a reasonable time period, as determined by the City Engineer/Public Works Director. The additional erosion control measures may include, but are not limited to, installing protective materials and stabilizers along banks and within waterways and over all disturbed areas. The additional erosion control systems may also require a 24-hour on-site guard during storms and when there is a 50% or greater chance that the precipitation amount is expected to exceed one-half inch in any 24-hour period. The precipitation forecast shall be as established by the National Weather Service.
      (15)   If construction of an erosion control system outside of the boundaries of the development project is necessary, permission to construct such system from the affected property owner(s) shall be obtained. Erosion control plans for off-site erosion control systems shall be included with the on-site erosion control plans submitted to the City Engineer/Public Works Director. The erosion control plan for the off-site erosion control systems shall include permission to grade and maintain the erosion control systems from all affected property owners and letters of clearance and/or permits from all appropriate governmental entities.
      (16)   The faces of cut and fill slopes and the project site shall be prepared and maintained to control erosion. Slope protection may be waived by the City Engineer/Public Works Director for cut slopes, which are not subject to erosion because of the erosion-resistant character of the materials.
      (17)   Water quality and erosion control devices and improvements designed for the post development WQMP that are constructed in accordance with the grading plans shall be protected and maintained for post development phases of the project.
   (B)   Construction and installation of erosion control systems. All erosion control systems required by the erosion control plan shall be constructed and installed in accordance with the following:
      (1)   Erosion control systems shall be constructed and installed in conformance with the erosion control plan unless otherwise approved by the City Engineer/Public Works Director.
      (2)   The construction and installation of all erosion control systems shall be approved by the City Engineer/Public Works Director and approved and certified by the civil engineer or QSD/QSP. All erosion control system(s) shall be constructed, installed, approved, and certified as complete and functional by the City Engineer/Public Works Director within a reasonably sufficient time period, as determined by the City Engineer/Public Works Director.
      (3)   All erosion control systems shall remain in place at all times for all areas in when construction is not occurring.
      (4)   All erosion control systems shall remain in place until the site is fully stabilized.
      (5)   All erosion control systems required to retain sediment on-site and to safely discharge any accelerated runoff generated by the associated development project shall be installed during the initial construction phase of the development project.
      (6)   All removable protective devices shall be in place at the end of each working day.
   (C)   Maintenance of erosion control systems. All erosion control systems required by the erosion control plan shall be maintained in accordance with the following:
      (1)   Erosion control systems shall be maintained in conformance with the erosion control plan unless otherwise revised by the City Engineer/Public Works Director. The project site's SWPPPs shall be constantly updated to reflect the current erosion control plans and/or BMP devices approved for the site.
      (2)   The performance of all erosion control systems shall be evaluated by the City Engineer/Public Works Director and revised and replaced as ordered.
      (3)   Erosion control systems shall be serviced and maintained to provide continuous capacity and to adequately function as designed. After precipitation exceeding one- quarter inch in any 12-hour period, or upon direction of the City Engineer/Public Works Director, silt and debris shall be removed from check dams and desilting basins and the basins pumped dry and otherwise restored to the original design condition.
      (4)   The grading contractor, permittee, and property owner shall be responsible for and shall take all necessary precautions to prevent public trespass into areas where impounded water creates a hazardous condition. Necessary precautions may include, but are not limited to, appropriate perimeter fencing or a 24-hour guard.
      (5)   Any sprinkler system controlled by timers and used with an erosion control system shall be inspected at least every 30 days to ensure proper functioning of the timer device.
      (6)   Paved streets, sidewalks, and other improvements shall be maintained in a neat and clean condition, free of loose soil, construction debris, and trash. Street sweeping or other equally effective means shall be used on a regular basis to control erosion that has been deposited on streets or sidewalks. Watering shall not be used to clean streets except for the removal of fine material not otherwise removed by sweeping or other mechanical means.
   (D)   Failure of erosion control system. The grading contractor, permittee, or property owner shall be responsible for construction, installation, inspection, modification, and proper maintenance of all erosion control systems. If the grading contractor, permittee, or property owner fails or refuses to properly construct, install, or maintain an erosion control system, the City Engineer/Public Works Director may order emergency maintenance work to be done in order to protect public or private property or to protect the public health, safety, and welfare. The cost of such emergency work, including initial mobilization, performance of the work, and applicable administrative costs, shall be charged to the permittee or the property owner or the cash security for the erosion control shall be utilized pursuant to the procedures set forth in this chapter. The City Engineer/Public Works Director may also suspend or revoke the grading permit as provided in this chapter. The grading permit shall not be reinstated or renewed until all required erosion control system(s) have been properly constructed, installed, and maintained as approved by the City Engineer/Public Works Director.
(Ord. 2022-364, passed 11-16-2022)