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(1) Erosion Prevention Permit.

(a) Permit required. Except as otherwise provided in subsection (3) below, no person shall commence any construction activity without first obtaining from the city one of the erosion prevention permits listed in subparagraph (b) if the construction activity:

1. Disturbs one or more acres of land by one or more phases of development, and the disturbance is located on the same parcel of land or on contiguous parcels of land under the same ownership;

2. Is located in a sensitive area. The criteria for classifying sites, and the classification of such sites as sensitive areas shall be established in administrative rules issued by the city manager; or

3. Disturbs more than 5,000 cubic feet of material during one or more phases of development.

(b) Permit classifications. The city manager may issue the following types of permits, either of which will meet the requirements of subsection (a) of this section:

1. Individual permit. A person, property owner or easement holder of record may obtain an individual permit for each construction activity on the same development site (as defined at EC 9.0500), or for multiple construction activities proposed in connection with a development project on the same development site, including utility work, public improvements, private infrastructure, structures, and other site improvements.

2. Annual permit. A person, property owner or easement holder of record may obtain an annual permit for minor recurring activities occurring on one or more development sites.

(c) Application. The application for an erosion prevention permit shall be accompanied by:

1. Fee. A fee established by the city manager pursuant to section 2.020 of this code in an amount sufficient to recover the city’s administrative costs.

2. Construction site management plan for individual permits. A construction site management plan prepared by a certified professional(s) designated by the manager in rules adopted hereunder. The construction site management plan need not be prepared by a certified professional if the development is one (1) single family dwelling or one (1) duplex dwelling. The approved construction site management plan shall be kept at the construction site and available for on-site inspection purposes. The construction site management plan shall identify: potential water quality impacts associated with the proposed construction activities; techniques and methods to be used to prevent and control erosion, sedimentation, and other pollutants associated with construction activity; and the location, design, and construction schedule for all erosion, sedimentation, and other construction site management control measures to be implemented and maintained.

3. Work, scope and practices for annual permit. No construction site management plan shall be required for an annual permit. Instead, the applicant shall provide a narrative description of the scope of work to be performed and the practices employed for meeting the requirements of sections 6.625 to 6.645 of this code. A copy of the annual permit and narrative shall be kept at the site and available for on-site inspection purposes.

(d) Review and Issuance. The application for the erosion prevention permit shall be reviewed by the city and approved, approved with conditions, or denied, based on criteria set forth in rules adopted by the city manager. The criteria to be adopted shall be designed to achieve the objectives listed in section 6.625. Issuance of an erosion prevention permit may be subject to conditions imposed by the city including, but not limited to, specific erosion and sedimentation prevention measures and schedules.

(e) Permit Duration.

1. An individual erosion prevention permit shall remain in effect for the full period of the construction activity. The manager may extend the duration of the permit for a period of up to, but not to exceed, two years after completion of the construction activity if the manager determines the extension is necessary to ensure that the construction activity has stabilized in accordance with the outcomes identified in the administrative rules.

2. Annual permits may be issued for a full calendar year, and shall expire on or before December 31 of the year issued. Annual permits may not be extended.

(2) Appeal. Within the time and in the manner prescribed in section 2.021 of this code, the owner or applicant for a permit may appeal:

(a) The denial of a permit;

(b) Any conditions imposed on a permit;

(c) The determination that the property is located in a sensitive area; or

(d) The denial of an extension of the duration of an individual permit under section 6.635(1)(e).

(3) Waiver of Erosion Prevention Permit. Notwithstanding any other provisions of this section, the following activities shall not require an erosion prevention permit:

(a) Construction activities involving the disturbance of less than 500 square feet of land surface area, or which consist of the excavation and/or fill of less than 20 cubic yards of material;

(b) Issuance of permits and/or approvals for land divisions, interior improvements to an existing structure, or other approvals for which there is no physical disturbance to the surface of the land; and

(c) Annual landscape maintenance activities on fully developed properties, necessary to maintain the existing developed landscape.

This waiver applies only to the requirement to obtain an erosion prevention permit and shall not be construed as an exemption from any of the erosion prevention requirements of the Eugene Code, including but not limited to erosion prevention and sediment control measures designed to meet the outcomes established in administrative rules promulgated by the city manager.

(Section 6.635 added by Ordinance No. 20067, enacted October 16, 1996, effective November 16, 1996; amended by Ordinance No. 20177, enacted November 8, 1999, effective December 8, 1999; and Ordinance No. 20570, enacted December 12, 2016, effective January 19, 2017.)