DIR1994-00001 •' DIRECTOR'S. INTERPRETATIONS
AND NONCONFORMING USES
24- Feb -10
DATE: 8/2/1994
CODE SECTIONS: 18.120.180
F TOPIC :1 Grading Work (including fill) on lands outside sensitive land areas, 100 -year floodplains,
drainage ways and wetlands
INTERPRETATION: Grading work on lands outside sensitive land areas, the 100 -year floodplain, drainage
ways or wetlands require a grading permit according to Chapter 70 of the Uniform Building
Code with exceptions for minor fills and excavations (example: excavation or fill, less than
50 cubic yards). Erosion control and grading plans must be submitted along with grading
permit application for review and approval of the Tigard Building Division and /or
Engineering Department.
Tigard has historically granted approval of grading permits without Site Development
Review (SDR) approval. SDR provisions provide no approval standards applicable to
grading and apparently was not intended for grading permits given that grading and
erosion control are reviewed against applicable engineering, building code and erosion
control standards are not found, or addressed in the development code.
Any such grading is not considered a material change to the land and therefore, not
subject to SDR if all the following conditions are met:
1. no change of zone;
2. no change in the use of the property;
3. grading approximate and follow the existing contours of the land as determined by the
Bldg. Official;
4. fill does not impede views;
5. no change to existing drainage ways;
6. no building, structures or retaining walls are involved;
7. fill slopes will not exceed 2 to 1.
L
DIRECTOR'S INTERPRETATION August 2, 1994
Interpretation: Grading work (including fill) on lands outside
sensitive land areas, 100 year flood plains,
drainage ways and wetlands.
According to the Community Development Code Section 18.12, the
Director has the initial authority and responsibility to interpret
the terms and provisions of Chapter 18 of the City Development
Code.
Grading work on lands outside sensitive land areas, the 100 year
flood plain, drainage ways or wetlands require a grading permit
according to Chapter 70 of the Uniform Building Code with
exceptions for minor fills and excavations (example excavation or
fill less than 50 cubic yards). Erosion control and grading plans
must be submitted along with grading permit applications for review
and approval of the Tigard Building Division and /or Engineering
Department.
The City of Tigard has historically granted approval of grading
permits without Site Development Review approval. Site Development
Review provisions (CDC 18.120.180) provide no approval standards
applicable to grading and apparently was not intended for grading
permits given that grading and erosion control are reviewed against
applicable engineering, building code and erosion control standards i a)
not found or addressed in the development code. �
Any such grading is not considered a material change to the land
and therefore not subject to Site Development Review if all the �
following conditions are met:
1. there is no change of zone;
2. there is no change in the use of the property;
3. the grading approximate and follow the existing contours off
the land as determined by the Building Official;
4. the fill does not impede views;
5. there is no change to existing drainage ways;
6. no building, structures or retaining walls are involved;
7. fill slopes will not exceed 2 to 1.
DIRECTOR'S INTERPRETATION OCTOBER 5, 1995
Interpretation: Code Section 18.150.020.2. Commercial Forestry
Definition
According to the Community Development Code Section 18.12, the
Director has the initial authority and responsibility to interpret
the terms and provisions of Chapter 18 of the City Code.
To that end, the Community Development Director hereby issues the
following interpretation:
Regarding the definition of commercial forestry no more than
nine tree may be removed for sale per calendar year on any one
acre. It was the intent of the Tree Task Force appointed by
the City Council to draft a tree removal ordinance that said
tree removal not be averaged over a multi -acre site so that
more than ten trees could be removed for sale on any one acre
of a site.
Section 18.150 was adopted by the City Council on September 12,
1995 after years of review. During the hearing at which the
ordinance was adopted, some concern was expressed regarding the
definition of commercial forestry which is prohibited by Section
18.150. The Council requested the Tree Task Force to study the
concern and make a recommendation to the Council. The Task Force
wanted to clarify the intent of the provisions related to
commercial forestry to ensure there would be a consistent
enforcement and interpretation. The Task Force requested that the
Director make a formal interpretation of the intent of the language c
concerning commercial forestry.
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ommunity Development Director Date