[Ord. No. 2132, Enacted, 7-2-1996; Ord. No. 2696, Amended, 2-16-2016]
The purpose of this chapter is to minimize the amount of sediment,
construction waste, and other pollutants reaching the surface water
management system as a result of construction, grading, excavating,
clearing and any other activity which causes or accelerates erosion;
and to minimize the disturbance of existing vegetation. The objective
is to control erosion at its source as a means of maintaining and
improving water quality and minimizing water pollution, downstream
flooding and wildlife habitat damage.
[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]
The owner of a property and/or their agents or contractors who have applied for an erosion control permit pursuant to LOC Chapter 52.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
Detachment and movement of soil, rock fragments, mulch, fill
or sediment by water, wind, gravity, frost and ice or by development
activities.
See LOC § 52.02.030.
Placement of any soil, sand, gravel, clay, mud, debris, refuse,
or any other material, organic or inorganic.
Vegetation 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.
Application 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.
The property upon which activity requiring an erosion control
permit is conducted.
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.
Storage of any soil, sand, gravel, clay, mud, debris, refuse,
or any other material, organic or inorganic, in a concentrated area.
Any activity which disturbs a vegetated or otherwise stable
soil surface, including clearing and grubbing operations.
All 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.
Visible or measurable erosion includes, but is not limited
to:
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.
An 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.
[Ord. No. 2132, Enacted, 7-2-1996; Ord. No. 2328, Amended, 8-6-2002]
The Erosion Prevention and Sediment Control Planning and Design
Manual on file with the Engineering Division shall be the primary
guide for the City of Lake Oswego in establishing and reviewing erosion
control techniques, methods, and requirements. The City Manager may
also develop additional erosion control guidelines in accordance with
the Planning and Design Manual when the City Manager determines said
guidelines will equally prevent or protect against erosion. If the
City Manager develops and applies additional guidelines for implementing
erosion control measures, such guidelines shall be published and made
available to the public.
[Ord. No. 2132, Enacted, 7-2-1996; Ord. No. 2316, Amended, 3-5-2002; Ord. No. 2696, Amended, 2-16-2016]
An erosion control permit approved by the City Manager shall
be required prior to conducting the following activities on a property
or site:
1.
Activities
including, but not limited to: construction, landscaping, removal
of vegetation, stockpiling of soil or construction debris, grading,
filling, excavating, trenching, drilling, transport of fill, utility
work, etc., that disturb 500 square feet or more of land surface area.
2.
Activities
as described in subsection 1 or this subsection that disturb less
than 500 square feet of land surface and are within 50 feet of any
pond, lake, river, stream corridor, canal, or wetland.
3.
Exemptions: Landscaping activities in conjunction with a single-family residence shall be exempt from compliance with this chapter. For purposes of this subsection, "landscaping activities" means the installation or removal of vegetation and minor landscaping features. It does not include installation or removal of more than 50 cubic yards of fill, or installation of large site features like parking pads, swimming pools or structures as defined in LOC Chapter 50, which are not exempt if the activity involved would otherwise require an erosion control permit under this section.
