LIST OF DISTRICTS • KEY TO ANNOTATION

MC POLICY 26

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Large Fills - CU

The purpose of the Large Fills section is to address the need for large fill sites in the unincorporated area of Multnomah County while protecting the rural character and natural resources of the County. These regulations are designed to:

1. To address the current problem of large fill areas and sites which have been largely unregulated;

2. Minimize potentially adverse effects on the public and property surrounding the fill site;
3. Acknowledge that natural resources can be impacted by large fill sites;
4. Distinguish large fills as a use dependent to a large degree upon market conditions and resource size and that reclamation and the potential for future use of the land for other activities must also be considered;
5. Provide clear and objective standards by which these uses will be reviewed;
6. Recognize that large fills areas should not impede future uses otherwise allowed under the Comprehensive Framework Plan;
7. To be consistent with state rules which do not currently list large fill sites as a use in farm and forest resource zones; and

8. To clarify that at the time of adoption of this ordinance, Multnomah County has not made the determination that the use of large fills would or would not be consistent with other uses allowed in the farm and forest zones due to the fact that they are not uses allowed under state rules.

Large fills shall not be allowed in:

1. Areas designated SEC-s;
2. Other stream areas protected by other local, state and federal agencies;
3. Jurisdictional wetlands which have not received fill permits from The Army Corp of Engineers and Division of State Lands; or
4. 100 year floodplains.

An application for a large fill site shall include the following:

1. A scaled site plan showing the subject property and all uses, roads, parcels, structures and water features within 1,500 feet of the fill area, when such information can be gathered without trespass;
2. A contour map at 5’ intervals showing both existing and proposed contours with datum ;
3. A geotechnical report for the entire fill area. The report shall include but not be limited to:

1. methods of site preparation;
2. specific fill methods to be used including techniques such as benching and terracing;
3. compaction methods;
4. drainage analysis showing pre and post development runoff conditions
5. underground drainage systems utilized for fill compaction shall have a hydraulic analysis to determine the amount of water to be accommodated;
6. known landslides and other geologically unstable areas within 1,500 feet surrounding the fill area; and
7. an erosion control plan for year round protection of the fill site from erosion. The plan should include erosion control measures for:

1. Winter stabilization
2. rainy season operations in spring & fall
3. summer operations
4. timelines for the various phases.
4. Written findings demonstrating how the proposal complies with MCC 11.15.7365.
5. A copy of the deed(s) to all parcels on which the fill site will be located.
6. A written description of the project including specific timelines for all phases and proposed hours of operation.
7. Application materials required to comply with MCC 11.15.6720, .6725 and .6730.
8. A reclamation plan submitted by a licensed landscape architect demonstrating that reclaimed surfaces conform with the natural landforms of the surrounding terrain.

The approval authority shall find that:

1. The applicant demonstrates that the property shall be capable of being used as provided in the Comprehensive Plan and the underlying district after the fill operation.
2. The applicant has shown that the following standards can or will be met by a specified date:
1. Access and traffic.

1. Prior to any filling activity, all on-site roads used in the fill operation and all roads from the site to a public right-of-way shall be designed and constructed to accommodate the vehicles and equipment which will use them.
2. All on-site and private access roads shall be paved or adequately maintained to minimize dust and mud generation within 100 feet of a public right-of-way.
3. No material shall be tracked or discharged in any manner onto any public right-of-way.
4. The applicant shall submit a traffic management plan that identifies impacts to existing County infrastructure and an assessment as to the ability of the existing infrastructure to withstand increased traffic loading and usage. The County Engineer shall review the submitted plan and shall certify, based on findings relating to the Multnomah County Rules for Street Standards, that the road(s) identified in the plan:

1. Are suitable for all additional traffic created by the fill operation for the duration of the activity, or
2. If the roads are unsuitable for all additional traffic created by the fill operation for the duration of the activity that:

1. The applicant has committed to finance installation of the necessary improvements under the provisions of 02.200(a) or (b) of the Multnomah County Rules for Street Standards, and
2. A program has been developed for the number and weight of trucks that can safely be accommodated at specific levels of road improvement. Based upon those findings, the Hearing Authority may attach related conditions and restrictions to the conditional use approval.
5. Truck movements related to the dumping of materials shall occur entirely on-site and not utilize the public right-of-way or private easements.
6. Proposals in proximity to state highway facilities need to be reviewed by the Oregon Department of Transportation.

2. Buffer requirements.

1. All existing vegetation and topographic features which would provide screening and which are within 100 feet of the proposed area of fill shall be preserved. The applicant shall demonstrate that the existing screening is sufficient to ensure the project site will not noticeably contrast with the surrounding landscape, as viewed from an identified viewing areas, neighboring properties, or accessways, or;
2. If existing vegetation and topography is insufficient to obscure the site from neighboring properties, accessways or identified key viewing areas, the applicant shall propose methods of screening and indicate them on a site plan. Examples of screening methods include landscape berms, hedges, trees, walls, fences or similar features. All required screening shall be in place prior to commencement of the fill activities.
3. The Approval Authority may grant exceptions to the screening requirements if:

1. The proposed fill area, including truck line-up area and fill areas are not visible from any neighboring properties, key viewing areas and accessways identified in (b) above, or
2. Screening will be ineffective because of the topographic location of the site with respect to surrounding properties.
3. Signing.

One directional sign for each point of access to each differently named improved street may be allowed for any operation. Signing shall be specified and controlled by the standards of MCC 11.15.7974.

4. Timing of Operation

1. Hours of operation shall be specified on each application. At a maximum operating hours shall be allowed from 7:00 am to 6:00 pm. Large fills shall not operate on Sundays or on New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day.
2. The placement of fill materials shall not occur from October 1^st - May 1^st .

5. Air, water, and noise quality.

   1. The applicant shall obtain and comply with the standards of all applicable permits from the Department of Environmental Quality. Copies of all required permits shall be provided to Multnomah County prior to beginning filling. If no permits are required, the application shall provide written conformation of that from the Department of Environmental Quality.
   2. Sound generated by an operation shall comply with the noise control standards of the Department of Environmental Quality. Compliance with the standards may be demonstrated by the report of a certified engineer.

6. Minimum Setbacks.

   1. For filling activities the minimum setback shall be 100 feet to a property line, or if multiple parcels, to the outermost property line of the site.
   2. For access roads and residences located on the same parcel as the filling or processing activity, setbacks shall be as required by the underlying district.

7. Reclaimed Topography.

All final reclaimed surfaces shall be stabilized by ground control methods as specified by the landscape architect. Reclaimed surfaces shall conform with the natural landforms of the surrounding terrain.

8. Safety and security.

   Safety and security measures, including fencing, gates, signing, lighting, or similar measures, shall be provided to prevent public trespass and minimize injury in the event of trespass to identified hazardous areas such as steep slopes, water impoundments, or other similar hazards .

9. Phasing program.

Each phase of the operation shall be reclaimed within the time frame specified in subsection (11) or as modified in the decision.

10. Timeline

Timelines for Large fill Conditional Use Permits shall conform with the 2-year period pursuant to MCC 11.15.7110(C), unless otherwise approved by the Approval Authority. The applicant may request a longer time period for completion as part of the initial application. If an approval has been issued, the applicant may request a longer time period for completion pursuant to MCC 11.15.8240 (E).

If completion of a large fill project extends beyond 2 years pursuant to MCC 11.15.7110(C), the applicant shall submit an engineering report prepared and signed by a licensed engineer at least once per year by October 31, or as otherwise specified by the Approval Authority. The engineering report shall describe at a minimum the following:

1. The amount of fill added to the site since the start of the fill or the last engineering report and stability measures used and planned for the new fill.
2. Future fill locations within the approved site and stability measures planned both within and outside the fill site.

3. incidents of landslide or other instability within and outside the fill site, clean-up efforts for these incidents, and measures used and planned to prevent future incidents.

11. Reclamation Schedule.

    1. Reclamation shall begin within twelve (12) months after fill activity ceases on any segment of the project area. Reclamation shall be completed within three (3) years after all filling ceases, except where the Approval Authority finds that these time standards cannot be met.
    2. The owner shall provide an acceptable guarantee of financial surety to the County prior to beginning work. The applicant shall provide an estimate of the cost to implement the approved plan. Estimated costs shall be based upon the current local construction costs. The financial guarantee shall be 150 percent of the estimated cost to complete the plan. The financial guarantee may be reduced to 125 percent of the cost in cases where the property owner has a written contract with a contractor to guarantee completion of the work which has been reviewed and approved by the County. All such contracts are subject to review by the County. Prior to release of the financial guarantee, the applicant shall submit a report from a licensed professional engineer whose main area of expertise is geotechnical engineering to the County, approving the construction and reclamation and certifying its completion.

The Planning Director shall periodically monitor all fill operations. The dates and frequency of monitoring shall be determined by the Approval Authority based upon the number and type of surrounding land uses and the nature of the fill operation. If the Director determines that a fill operation is not in compliance with the approval, enforcement proceedings pursuant to MCC 11.15.9052 or as deemed appropriate by the Multnomah County Counsel shall be instituted to require compliance.

For multiple year projects, prior to commencement of material placement in the spring, an engineers report shall be submitted detailing the condition of the fill after the rainy season. The report shall include any remediation needed and any necessary modifications to fill placement due to failure, slumpage, slides, etc.

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