[Ord. No. 2132, Enacted, 7-2-1996; Ord. No. 2328, Amended, 8-6-2002; Ord. No. 2696, Amended, 2-16-2016; Ord. No. 2890, Amended, 3-17-2022; Amended, 11-19-2024 by Ord. No. 2948]
APPLICANTThe owner of a property and/or their agents or contractors who have applied for an erosion control permit pursuant to LOC Chapter
52.
The 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 City Manager of the City of Lake Oswego or the City Manager's designee.
CLEARINGActivity that removes vegetative cover while leaving the root system intact
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).
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
DEVELOPMENTA 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.
EARTHWORKExcavation, grading, filling or any other alteration of the contour, topography or natural cover of land.
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.
EROSIONDetachment and movement of soil, rock fragments, mulch, fill or sediment by water, wind, gravity, frost and ice or by development activities.
EXCAVATIONRemoval of topsoil, gravel, sand, rock or any other type of soil material. Also includes removal of roots.
FILLPlacement of any soil, sand, gravel, clay, mud, debris, refuse, or any other material, organic or inorganic.
GRADINGAny combination of excavation and fill activities which alter the contour, topography, or natural cover of land.
IN-KIND VEGETATIONVegetation which is similar in species and resource value or, similar or superior in erosion control capability, to vegetation found on the subject site prior to development.
LANDSCAPINGAny activity that modifies the physical features of an area of land for aesthetic purposes.
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 current industry standard practices as required by federal, state, and local regulations.
MULCHApplication of plant residue, straw, netting, plastic sheeting, or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.
PLANSStandard and supplemental drawings, and approved unstamped and reviewed stamped working drawings used to complete a project.
POLLUTANTAny 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.
PROPERTY OR SITEThe property upon which activity requiring an erosion control permit is conducted.
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 the requirements of LOC Chapter 52, "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. |
Any material that is in suspension, is being transported, or has been moved from its site of origin by water, wind, or gravity as a product of erosion.
SITEAny lot or parcel of land or contiguous combination thereof, under the same ownership, where work is completed.
SOILNaturally-occurring surface deposits overlying bedrock.
STABILIZATIONUse of vegetation and mulch to prevent soil movement when loads are applied to the soil.
STOCKPILEStorage of any soil, sand, gravel, clay, mud, debris, refuse, or any other material, organic or inorganic, in a concentrated area.
STORM DRAINA 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.
STRIPPINGAny activity which disturbs a vegetated or otherwise stable soil surface, including clearing and grubbing operations.
SURFACE WATER MANAGEMENT SYSTEMAll natural and human-made facilities used by the Surface Water Utility to regulate the direction, quantity and quality of surface water, including drainage easements, culverts, storm drains, catch basins, stream corridors, ditches, open channels, rivers, ponds, wetlands and impoundments.
VEGETATIONPlant growth, especially trees, shrubs, forbs, and grasses.
VISIBLE OR MEASURABLE EROSIONVisible or measurable erosion includes, but is not limited to:
a. Mud, dirt, sediment, construction waste such as concrete washout or saw cutting slurry, construction materials such as rocks or asphalt, or similar material exceeding one-half cubic foot in volume that is deposited on public or private streets, adjacent property, or into the surface water management system either by direct deposit, dropping, discharge, or as a result of the action of erosion;
Flows of water over bare soils; turbid or sediment laden flows; or evidence of on-site erosion such as rivulets on bare soil slopes, where the flow of water is not filtered or captured on the site;
Earth slides, mud flows, earth sloughing, or other earth movement which leaves the property of origin.
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.