The purpose of this chapter is to implement the Geologic Hazards Policy of the Scenic and Historic Areas, Natural Resources, and Hazards section of the Salem Area Comprehensive Plan and to promote the public health, safety and welfare by:

(a)

Assessing the risk that proposed uses or activities will adversely affect the stability and slide susceptibility of an area;

(b)

Establishing standards and requirements for the use and development of land within landslide hazard areas; and

(c)

Mitigating risk within landslide hazard areas.

(Prior Code, § 810.001; Ord. No. 31-13)

This chapter applies to all areas of land designated as Moderate Landslide Hazard Risk or High Landslide Hazard Risk pursuant to this chapter.

(Prior Code, § 810.005; Ord. No. 31-13)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Certified engineering geologist means any registered geologist who is certified in the specialty of engineering geology under provisions of ORS 672.505 to 672.705.

Geological assessment means an assessment prepared and stamped by a certified engineering geologist, detailing the surface and subsurface conditions of the site and delineating the areas of a property that might be subject to specified geologic hazards.

Geotechnical engineer means a professional engineer, registered in the State as provided by ORS 672.002 to 672.325, who by training, education and experience is qualified in the practice of geotechnical or soils engineering practices.

Geotechnical report means a report prepared and stamped by a certified engineering geologist and geotechnical engineer, evaluating the site conditions and mitigation measures necessary to reduce the risks associated with development in geologically hazardous areas.

Graduated response tables means those tables under SRC 810.025 that are used to determine the total landslide hazard risk and required level of site investigation for regulated activities under this chapter.

Landslide means the down slope movement of soil, rocks, or other surface matter on a site. The term "landslide" may include, but are not limited to, slumps, mudflows, earthflows, debris flows, and rockfalls.

Landslide hazard susceptibility map means cumulatively, the Oregon Department of Geology and Mineral Industries (DOGAMI) Interpretive Map Series IMS-5, IMS-6, IMS-17, IMS-18, and IMS-22 maps, together with the slope contour map.

Mitigation measure means an action designed to reduce project-induced geologically hazardous area impacts.

Tree means any living, woody plant, which grows to 15 feet or more in height, having a trunk which is ten inches or more dbh.

Tree removal means to cut down a tree or remove all or 30 percent or more of the crown, trunk, or root system of a tree; or to damage a tree so as to cause the tree to decline or die. The term "removal" includes, but is not limited to, topping, damage inflicted upon a root system by application of toxic substances, operation of equipment and vehicles, storage of materials, change of natural grade due to unapproved excavation or filling, or unapproved alteration of natural physical conditions. The term "removal" does not include normal trimming or pruning of trees.

(Prior Code, § 810.010; Ord. No. 31-13)

Areas subject to this chapter shall be shown on landslide hazard susceptibility maps, which shall be adopted by administrative rule by the Director pursuant to SRC chapter 20J. The landslide hazard susceptibility maps shall indicate the general location of areas of low, moderate, and high susceptibility to landslides, areas of known slide hazards, and slope contours. These maps shall be based on the best available information.

(Prior Code, § 810.015; Ord. No. 31-13)

(a)

Applicability.

(1)

Except as provided in subsection (a)(2) of this section, no person shall engage in any of the following activities in areas designated as moderate or high total landslide hazard risk without first obtaining a landslide hazard construction permit.

(A)

Excavation or fill, as independent activity, exceeding two feet in depth or 25 cubic yards of volume;

(B)

Installation or construction of any structure greater than 500 square feet in area;

(C)

Alteration, enlargement, reconstruction, or relocation of a structure greater than 500 square feet in area that requires any modification to the foundation;

(D)

Land division, planned unit development, or manufactured dwelling park; or

(E)

Tree removal, as an independent activity, on regulated slopes greater than 60 percent.

(2)

Exemptions. A landslide hazard construction permit is not required for the following:

(A)

Excavation and fill exceeding two feet in depth or 25 cubic yards of volume within a public right-of-way or public utility easement.

(B)

Activities otherwise identified in subsection (a)(1) of this section which must be undertaken immediately to prevent an imminent threat to public health or safety, or prevent imminent danger to public or private property; provided, however:

(i)

The person undertaking such emergency activity shall notify the Director within one working day following the commencement of the activity.

(ii)

If the Director determines that the activity, or any part thereof, is beyond the scope of allowed emergency activity, enforcement action may be taken.

(b)

Procedure type. A landslide hazard construction permit is processed as a Type I procedure under SRC chapter 300.

(c)

Submittal requirements. In lieu of the application submittal requirements under SRC chapter 300, an application for a landslide hazard construction permit shall include the following:

(1)

A completed application form.

(2)

A geological assessment, geotechnical report, or both, as applicable.

(d)

Criteria. A landslide hazard construction permit shall be granted if:

(1)

The geological assessment, geotechnical report, or both, as applicable, meets the standards of this chapter; and

(2)

The geological assessment, geotechnical report, or both, as applicable:

(A)

Indicates the development can proceed without a risk of landslide hazard; or

(B)

Sets forth mitigation measures that will reduce or eliminate the risk of landslide hazard.

(e)

Director may have report re reviewed. The Director may, at the City's expense, elect to have an independent certified engineering geologist or geotechnical engineer, selected from a list of prequalified consultants, review the report or its conclusions.

(f)

Conclusions and recommendations. Conclusions and recommendations set forth in an approved geological assessment or geotechnical report shall be incorporated as conditions of approval of the landslide hazard construction permit. The landslide hazard construction permit shall be incorporated into any land use approval connected with the regulated activity.

(Prior Code, § 810.020; Ord. No. 31-13)

(a)

Graduated Response Tables. The Graduated Response Tables set forth in this subsection are used to determine the total landslide hazard risk and required level of site investigation for regulated activities under this chapter. To determine the total landslide hazard risk, follow the steps set forth in this subsection. Where any portion of a proposed activity is identified under multiple landslide susceptibility ratings, the highest rating shall apply.

(1)

Step One: Earthquake Induced Landslide Susceptibility. Select one assigned point value from Table 810-1A and proceed to step two.

(2)

Step Two: Water-Induced Landslide Susceptibility. Select one assigned point value from Table 810-1B and proceed to step 3.

(3)

Step Three: Activity Susceptibility Ratings. Select one assigned point value from Table 810-1C and proceed to step four.

(4)

Step Four: Cumulative Score. Add the sub-totals from Tables 810-1A, 810-1B, and 810-1C. Proceed to step five.

(5)

Step Five: Total Landslide Risk. Determine the total landslide hazard risk from Table 810-1E. If the total landslide hazard risk meets or exceeds the thresholds for moderate or high landslide hazard risk set forth in Table 810-1E, a geological assessment, geotechnical report, or both, as applicable, shall be provided by the applicant, and the action specified therein undertaken or insured before any regulated activity may be permitted or approved.

(b)

After determining the total landslide hazard risk under subsection (a) of this section, the following shall be required:

(1)

Low landslide hazard risk. If application of Table 810-1E indicates a low landslide hazard risk, all regulated activities may proceed without further investigation, permitting, or approval required by this chapter.

(2)

Moderate landslide hazard risk. If application of Table 810-1E indicates a moderate landslide hazard risk, a geological assessment shall be submitted for all regulated activities. If the geological assessment indicates that mitigation measures are necessary to safely undertake the regulated activity, a geotechnical report prepared by a certified engineering geologist and geotechnical engineer shall be submitted.

(3)

High landslide hazard risk. If application of Table 810-1E indicates a high landslide hazard risk, a geotechnical report prepared by a certified engineering geologist and geotechnical engineer shall be submitted for all regulated activities.

(Prior Code, § 810.025; Ord. No. 31-13)

Geological assessments and geotechnical reports required under this chapter shall include the information required by this section.

(a)

Geological assessment. A geological assessment shall include information and data regarding the nature, distribution of underlying geology, and the physical and chemical properties of existing soils; an opinion as to stability of the site; and conclusions regarding the effect of geologic conditions on the proposed development. The geological assessment shall bear the stamp of a certified engineering geologist.

(b)

Geotechnical report. A geotechnical report shall include a comprehensive description of the site topography and geology; an opinion as to the adequacy of the proposed development from an engineering standpoint; an opinion as to the extent that instability on adjacent properties may adversely affect the project; a description of the field investigation and findings; conclusions regarding the effect of geologic conditions on the proposed development; and specific requirements for plan modification, corrective grading, and special techniques and systems to facilitate a safe and stable development. The report shall provide other recommendations, as necessary, commensurate with the project grading and development. The geotechnical report shall bear the stamp of a certified engineering geologist and geotechnical engineer.

(Prior Code, § 810.030; Ord. No. 31-13)

No regulated activity requiring a geotechnical report shall receive final approval or be permitted for properties located in areas of high landslide hazard risk until the Director receives a written statement by a geotechnical engineer that all measures contained in the geotechnical report are completed, in place, and operable.

(Prior Code, § 810.035; Ord. No. 31-13)