[Ord. No. 2695, Added, 2-16-2016; Ord. No. 2890, Amended, 3-17-2022; amended 11-21-2023 by Ord. No. 2942; Amended, 11-19-2024 by Ord. No. 2948]
ACCESS LANEThe area on private property that extends from the public right-of-way and is used to access and maintain a stormwater facility.
APPLICANTA person that submits documents to the City for review and approval.
APPROVALApproval is a determination by the City Engineer that the application has been reviewed and meets the requirements.
BENEFICIAL USEThe purpose or benefit to be derived from a water body as designated by the Oregon Water Resources Department or the Oregon Water Resources Commission.
CAPACITYThe volume of fluid, expressed in cubic feet per second or gallons, that a pipe or structure can convey, treat, retain, or detain in the water, wastewater, and stormwater utilities.
CERTIFICATE OF ACCEPTANCECertificate stating that private construction of public stormwater facility has been accepted for transfer of ownership to City. The Certificate is issued following completion of construction in accordance with code requirements, and with City-approved construction plans and specifications.
CHANNELThe land features (bed and banks) that confine a stream.
CITY ENGINEERThe person holding the position of City Engineer of the City of Lake Oswego or designee of the City Engineer.
CITY MANAGERThe person holding the position of City Manager or any officer or employee of the City of Lake Oswego.
CLEARINGActivity that removes vegetative cover while leaving the root system intact.
COMPREHENSIVE PLANThe Comprehensive Plan adopted by the City of Lake Oswego, as it now exists or is hereafter amended.
CONSTRUCTIONIncludes, but is not limited to, clearing, grading, excavation, and other site preparation or ground-disturbing work related to the construction of residential buildings and nonresidential buildings, and heavy construction (e.g. highways, streets, bridges, tunnels, pipelines, transmission lines, and industrial non-building structures).
CONTAMINATEDSoil which does not meet the Oregon Department of Environmental Quality's Clean Fill Determinations.
CONTOURThe vertical location of the ground surface as depicted by a line drawing.
CONTRACTORThe person, partnership, firm or corporation licensed in Oregon contracting to complete construction. The term shall also include the Contractor's agents, employees and subcontractors.
DESIGN CAPACITYThe flow volume or rate that a stormwater management facility is designed to safely contain, receive, convey, reduce pollutants from, or infiltrate to meet a specific performance standard.
DEVELOPEDA location which has been altered by grading or filling of the ground surface, or by construction of any improvement or impervious surface area, which affects the hydraulic or hydrologic properties of the parcel.
DEVELOPMENTAny manmade change to unimproved real property, including, but not limited to, construction, installation or alteration of a building or other structure, change of use, land division, establishment or termination of a right of access, storage on the land, grading, clearing, removal or placement of soil, paving, dredging, filling, excavation, drilling or removal of trees.
DISCHARGEWhen used without qualification, means the "discharge of a pollutant." Discharge of a pollutant means addition of any "pollutant" or combination of pollutants to the public stormwater management system and other receiving waters from any point source, including but not limited to the placement of wastes into public waters, on land, or otherwise into the environment in a manner that affects or may tend to affect the quality of public waters.
DITCHA constructed open linear depression which conveys stormwater and where infiltration is incidental
EARTHWORKExcavation, grading, filling or any other alteration of the contour, topography or natural cover of land.
EASEMENTThe area of land granted for use by the City for the construction, reconstruction, operation, maintenance, inspection and repair of utilities.
EMERGENCYAn event or circumstance causing or threatening life, injury to persons or property, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation disruptions, and disease.
EXCAVATIONAny act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXISTINGBuildings, facilities or conditions, which are already in existence, constructed or officially authorized.
FILLPlacement of any soil, sand, gravel, clay, mud, debris, refuse, or any other material, organic or inorganic.
FLOODA general and temporary condition of partial or complete inundation of normally dry land from: (1) The overflow of waterways; (2) The unusual and rapid accumulation of runoff from any source; or (3) Mudslides (i.e., mudflows) which are proximately caused by flooding due to unusual and rapid accumulation of runoff from any source and are akin to a river of mud on the surfaces of normally dry land areas or 3. An unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature.
GRADINGAltering the contour, topography or natural cover of land.
GRAVELParticles of rock, rounded or not, that will pass a 3-inch sieve and be retained on a No. 4 sieve.
GROUNDWATERSubsurface water that occurs in soils and geological formations that are fully saturated. Groundwater fluctuates seasonally and includes perched groundwater.
HAZARDOUS MATERIALA substance listed or described as hazardous in ORS Chapter
453 (Hazardous Substances). "Hazardous substances" are toxic, corrosive, irritants, strong sensitizers, flammable, combustible, or generate pressure through decomposition, heat or other means.
The science encompassing the behavior of water as it occurs in the atmosphere, on the surface of the ground, and underground.
HYDROMODIFICATIONThe modification of a stream channel due to urban development that either directly or indirectly results in elevated streamflow and peak velocities over undeveloped conditions.
ILLEGAL CONNECTIONAn unpermitted connection to a public water, wastewater, or stormwater system especially one which allows the mixing of flow such as wastewater to stormwater or vice versa.
ILLICIT DISCHARGEAny discharge to a municipal separate storm sewer system that is not composed entirely of stormwater except discharges authorized under Section A.4.a.xii of the City’s 2012-2017 National Pollutant Discharge Elimination System-Municipal Separate Storm Sewer System (NPDES-MS4) Permit.
INDUSTRIAL ACTIVITIESActivities covered by DEQ's industrial stormwater (1200-Z) program or which are permitted uses for industrial or industrial park zones in the City's municipal code.
INTENTIONAL ACTAn act that is deliberate, done on purpose and not by accident.
LANDSCAPINGAny activity that modifies the physical features of an area of land.
LARGE PROJECTA development or redevelopment that creates and/or replaces 3,000 square feet or more of impervious area.
MAINTENANCEThe activities required to keep stormwater assets and their components functioning in accordance with its design objectives. It does not include repairs to a failed structure or repairs required to avert an emergency situation.
MATERIALSAny natural or manmade substance specified for use in the construction of the project or for incorporation into the work.
MINIMIZETo reduce and/or eliminate to the extent achievable using control measures (including BMPs) that are technologically available, economically practicable, and achievable in light of best industry or municipal practices.
MITIGATETo rectify, repair or compensate for adverse impacts to a resource or resource functions and values caused by development.
MITIGATIONCorrective measures employed to remedy, reverse or stop damage or violation of the surface water utility code or to the surface water management system.
MIXED-USEA development consisting of more than one broad category of use (e.g., commercial, industrial, residential, public use, or institutional).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)A conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutter, ditches, manmade channels, or storm drains that is owned or operated by a state, city, county, district, association, or other public body; is designed or used for collecting or conveying stormwater, and is not a combined sewer or part of a Publicly Owned Treatment Works as defined in 40 CFR Section
122.2.
The main body of Oswego Lake and all embayments and canals that have the same elevation as the main lake.
OWNERThe legal owner of record or easement holder, or, where there is a recorded land sales contract in effect, the purchaser under that contract. An act or omission to act by an agent of the owner are deemed to be the act or omission by the owner.
PATCHThe placement of a variable-thickness course of materials to correct sags, dips, and/or bumps to the existing grade and cross-section, normally intermittent throughout the project.
PATHWAYA public or private right-of-way for pedestrian or nonmotorized traffic.
PATIOA gathering area on a property which is generally impervious.
PERSON or ENTITYAny of the following: A natural person capable of being legally bound; sole proprietorship; limited liability company; corporation; nonprofit corporation; partnership; limited liability partnership; limited partnership; for profit or non-profit unincorporated association; business trust; trust; two or more persons having a joint or common economic interest; any other person or form of legal entity with legal capacity to own property or contract; or a government or governmental subdivision.
PLANSStandard and supplemental drawings, and approved unstamped and reviewed stamped working drawings used to complete a project.
POLLUTION, POINT SOURCEAny discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container rolling stock, concentrated animal feeding operation, or vessel or other floating craft from which pollutants are or may be discharged. (OAR
340-045-0010(17).
Any substance, as certain chemicals or waste products, that renders the air, soil, water, or other natural resource harmful or unsuitable for a specific beneficial purpose.
POLLUTION"Pollution" or "water pollution" means such alteration of the physical, chemical or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, silt or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state, which will or tends to, either by itself or in connection with any other substance, create a public nuisance or which will or tends to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses or to livestock, wildlife, fish or other aquatic life or the habitat thereof.
PROHIBITED DISCHARGEProhibited discharges include discharge of pollutants or other material that is not explicitly identified as authorized discharges per the City’s NPDES-MS4 permit to the surface water management system, including the public stormwater management system.
PUBLIC NUISANCENuisance conditions include improper function resulting in uncontrolled runoff and overflow; stagnant water with concomitant algae growth, insect breeding, and odors; discarded debris; and safety hazards created by the stormwater management facility’s operation.
PRIMA FACIE EVIDENCEA Latin expression ("prima facie") used in modern legal English to signify that on first examination, a matter appears to be self-evident from the facts. In common law jurisdictions, prima facie denotes evidence that – unless rebutted – would be sufficient to prove a particular proposition or fact.
RECEIVING WATERA receiving water is the ultimate destination for stormwater leaving a particular site. Virtually all receiving waters are waters of the state, and include "lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the state of Oregon, and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters) that are located wholly or partially within or bordering the state or within its jurisdiction." (ORS
468B.005(10)).
A project on a previously developed site that results in the addition or replacement of impervious surface.
REPLACE OR REPLACEMENTThe removal of an impervious surface that exposes soil followed by the placement of an impervious surface.
RESPONSIBLE PARTY OR PERSONThe property owner(s) of the site. In the case of an entity, it shall include the parties comprising the entity; i.e., homeowners association - the members of the association, partnership - partners; corporation - shareholders, LLC - members of the LLC. The obligations of a responsible party shall transfer to the successors/purchasers of the site.
For violations of or failure to comply with LOC Article 38.25, "responsible party" includes: |
• | An owner of a building or property where a violation or failure to comply has occurred, the person in charge of the building or property, the violator or the person failing to comply with the Code; and |
• | Where a person commits a violation and the person works for a contractor, either as an employee, subcontractor, or independent contractor, the contractor and/or other employer; and |
• | Any manager, or person in charge of the person or property. |
A structure of masonry, wood, stonework or other building material serving to support or protect an area. For the purpose of this Code, stabilized slopes 60° or greater in inclination shall be considered retaining walls.
RETENTIONThe process of collecting and retaining surface and stormwater runoff with no overflow or outflow and minimal/no infiltration.
SHEETFLOWSurface water or stormwater that is not concentrated flow, it generally occurs within the first 300 ft of a diffuse source.
SICStandard Industrial Classification (SIC).
SITEAny lot or parcel of land or contiguous combination thereof, under the same ownership, where work is completed.
SMALL PROJECTA new or redevelopment project that creates 1,000 sq ft of impervious area but less than 3,000 sq ft.
SOILNaturally-occurring surface deposits overlying bedrock.
STANDARD DETAIL DRAWINGSThe set of detail drawings contained in the City of Lake Oswego's "Standard Construction Specifications and Drawings."
STEEP SLOPEFor the purposes of Chapter
38, a steep slope is an average slope of 15 percent or more.
A manmade pipe or inlet to the City’s surface water management system that transports stormwater.
STORMWATERWater that results from precipitation which is not absorbed by the soil or plant material.
STORMWATER FACILITYA designed facility or technique intended to collect and/or treat stormwater by detaining, treating, or infiltrating stormwater to the maximum extent practicable.
STORMWATER FACILITY FAILUREA state where the stormwater facility is not able to (a) properly treat the designed volume of stormwater directed to it or (b) provide adequate water quality as determined by water quality analyses and the DEQ/EPA water quality standards.
STORMWATER FACILITY MAINTENANCEHousekeeping or repairs of a minor structural or nonstructural nature that are done annually for a properly functioning stormwater facility.
STORMWATER FACILITY REMOVALThe removal of an approved stormwater facility or the reduction of a facility’s capacity such that it is essentially nonfunctioning.
STORMWATER FACILITY RENOVATION(a) Structural repair or alteration of a failing or failed stormwater facility that is not stormwater facility maintenance. (b) Nonstructural repair or alteration of a failed stormwater facility that is not stormwater facility maintenance.
STORMWATER FACILITY REPLACEMENTReplacing or changing a stormwater facility with another stormwater facility authorized by the current Lake Oswego Stormwater Manual, whether the original facility is properly functioning, failing, or failed.
STREAMA naturally flowing surface water that produces a definable channel and which can be perennial, intermittent, or ephemeral. It includes areas where development was allowed to divert the natural stream channel but does not include ditches, swales, or overflow channels from stormwater facilities.
STRIPPINGAny activity which disturbs a vegetated or otherwise stable soil surface, including clearing and grubbing operations.
STRUCTUREThat which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
SUBDIVISIONAn area or tract of land subdivided into four or more lots within a calendar year.
SURFACE WATER MANAGEMENT SYSTEMThe natural and manmade facilities utilized by the surface water utility to regulate the quantity and quality of surface water, including drainage easements, stormwater conveyance and treatment facilities, and waterways. The stormwater management system is an engineered or built subset of the surface water management system designed to convey and/or treat stormwater.
SURFACE WATER MANAGEMENT UTILITYThe Surface Water Management Utility is the entity that plans, designs, constructs, maintains, administers, and operates all City surface water conveyances and facilities, and the regulations for facility control. The Surface Water Management Utility also establishes standards for design and construction.
TOTAL MAXIMUM DAILY LOAD (TMDL)The amount of an identified pollutant, as determined by the Oregon Department of Environmental Quality, that a specified waterbody can receive and still meet water quality standards. TMDL documents are available upon request or at the City's stormwater webpage: (http://www.ci.oswego.or.us/publicworks/surface-water).
WATERS OF THE STATELakes, bays, ponds, impounding reservoirs, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the state of Oregon, and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters) that are wholly or partially within or bordering the state or within its jurisdiction [OAR
340-045-0010].
Lakes, bays, ponds, springs, wells, rivers, streams, creeks, canals, and all other bodies of surface or underground waters, natural or artificial, that are located wholly or partially within the City or for which it has jurisdictional authority.
WETLANDAn area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Wetlands generally include, but are not limited to, swamps, marshes, bogs and similar areas.