Note: Prior ordinance history; Ord. 1718
A. 
The policies of this chapter shall apply during construction and until permanent measures are in place following construction as described herein, unless otherwise noted.
B. 
Temporary and permanent measures for all construction projects shall be required to lessen the adverse effects of erosion and sedimentation. The owner or his or her/her agent, contractor, or employee, shall properly install, operate, and maintain both temporary and permanent works as provided in this section or in an approved plan, to protect the environment during the useful life of the project. These erosion control rules apply to all lands within the City of Milwaukie.
C. 
Nothing in this chapter shall relieve any person from the obligation to comply with the regulations or permits of any federal, State, or local authority.
D. 
Maintenance and repair of existing facilities shall be the responsibility of the owner of record.
E. 
Erosion, sedimentation, and other pollutants reaching the public storm and/or surface water system resulting from development, construction, grading, filling, excavating, clearing, and any other activity which accelerates erosion shall be prevented.
F. 
No visible or measurable erosion shall leave the property during construction or during activity described in subsection E above. The owner of the property, together with any person who causes such action from which the visible or measurable erosion occurs, shall be responsible for clean up, fines, and damages. Clean up responsibilities include clean up of creeks, drainage ways, or wetlands impacted by a project. For the purposes of this chapter "visible and measurable erosion" includes, but is not limited to:
1. 
Deposits of mud, dirt, sediment, or similar material exceeding one-half cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge, or as a result of the action of erosion;
2. 
Evidence of concentrated flows of water over bare soils; turbid or sediment-laden flows; or evidence of on-site erosion such as rivulets or bare soil slopes, where the flow of water is not filtered or captured on the site, and/or;
3. 
Earth slides, mud flows, earth sloughing, or other earth movement which results in material leaving the property.
G. 
Dust and other particulate matters containing pollutants can settle on property and be carried to waters of the state though rainfall or other means. Dust shall be minimized to the extent practicable, utilizing all measures necessary, including, but not limited to:
1. 
Sprinkling haul and access roads and other exposed dust-producing areas with water;
2. 
Establishing temporary vegetative cover;
3. 
Placing wood chips or other effective mulches on vehicle and pedestrian use areas;
4. 
Use of covered haul equipment; and/or
5. 
Prewetting cut and borrow area surfaces.
(Ord. 1899 § 1, 2002)
A. 
Definitions.
"Erosion control permit"
means the official approval issued by the City that demonstrates compliance with this chapter for activities described in the application form, erosion control plan, and related materials submitted pursuant to this chapter.
"Erosion control plan"
means all documents, maps, plans and other information specified in Section 16.28.030 and submitted in association with an application for an erosion control permit.
B. 
An erosion control plan that meets the requirements of Section 16.28.030 is required prior to any approval of an erosion control permit.
C. 
An erosion control permit is required as follows:
1. 
Prior to placement of fill, site clearing, or land disturbances, including but not limited to grubbing, clearing or removal of ground vegetation, grading, excavation, or other activities, any of which results in the disturbance or exposure of soils exceeding 500 square feet.
2. 
For disturbed areas or exposed soils less than 500 square feet, where the City has determined that site conditions may result in visible and measurable erosion and where the City has provided written notice of the requirement to obtain an erosion control permit to the property owner. Upon notice by the City, all work shall cease pending approval of an erosion control permit and installation of approved erosion control measures.
3. 
For any lot that includes natural resources regulated by Milwaukie Zoning Ordinance Section 19.402 Natural Resources, an erosion control permit shall be required prior to placement of fill, site clearing, or land disturbances, including but not limited to grubbing, clearing or removal of ground vegetation, grading, excavation, or other activities, any of which has the potential for, or results in visible and measurable erosion, regardless of the area of disturbance.
D. 
An erosion control permit shall not be issued for activities on lots that include natural resources regulated by Section 19.402, where the site activity has not been authorized, or is not exempt under the provisions of Milwaukie Zoning Ordinance Section 19.402 Natural Resources as determined by the Planning Director. This provision does not apply where the erosion control permit is associated with correction of a violation of the City Code or as necessary for public safety, or the protection of property or water quality.
E. 
Timing
Approval of the erosion control permit is required prior to the following, whichever comes first:
1. 
Issuance of grading permits, building permits, and approval of construction plans for subdivision; or
2. 
Placement of fill, site clearing, land disturbances, including but not limited to grubbing, clearing or removal of ground vegetation, grading, excavation, or other activities, any of which disturbs or exposes soil.
F. 
Erosion control measures set forth in any approved erosion control plan shall be implemented and maintained on the site until the date set forth in the plan, or the amended date as necessary for the establishment of final landscaping. The City may allow for the removal of erosion control measures at an earlier date if erosion control is assured by established landscaping.
(Ord. 1899 § 1, 2002; Ord. 2036 § 3, 2011)
A. 
Erosion control plans shall include a description of erosion control methods that are adequate to ensure that runoff siltation and pollutants from the grading, site clearing, or construction are contained onsite during the period of activity on the site until the final landscaping is sufficiently established to control erosion. Each plan shall contain a date which is the estimated ending date for maintaining erosion control measures. That date may be extended if final landscaping has not been sufficiently established to control erosion. Plan submittal requirements, and recommended erosion control measures, are included in the Clackamas County/City of Milwaukie Technical Guidance Handbook for Erosion/ Sedimentation Control Plans (August 1991) (Guidance Handbook), which is hereby adopted in total as part of this chapter. Copies of the Guidance Handbook are available for a fee at the City Public Works Department.
B. 
At a minimum the Erosion Control Plan shall include:
1. 
The methods and/or facilities to be used to prevent erosion and pollution created from the development both during and after construction (site-specific considerations shall be incorporated);
2. 
Limits of clearing by flagging boundaries in the field before starting site grading or construction (staging areas shall be included);
3. 
An analysis of source controls such as detention and storage techniques during construction showing existing contours as an alternative method to control erosion from stormwater runoff;
4. 
A drainage plan during construction;
5. 
Existing contours as well as all sensitive areas, creeks, streams, wetlands, open areas, and areas of natural riparian vegetation pursuant to Chapter 322; and
6. 
A description of historic localized flooding problems resulting from surface water runoff, FEMA, or flooding problems known to the community or the local jurisdiction.
C. 
A site plan prepared by an Oregon registered engineer shall be required for sites with disturbed area of 5 acres or greater.
D. 
Additional measures required by subsection C above may include 1 or more of the following:
1. 
Limited area cleared at any one time;
2. 
Additional drainage requirements during construction;
3. 
Filtering or treatment of runoff;
4. 
Additional water quality measures;
5. 
Additional erosion control to cover portions of the site;
6. 
Maintaining some existing vegetation adjacent to water features, such as creeks, streams, and wetlands or areas of natural riparian vegetation pursuant to Chapter 322;
7. 
Additional facilities to reduce volume and velocity of water runoff;
8. 
If there are no workable alternatives, limit clearing, and grading in some areas between November 1st and April 30th; and
9. 
Additional measures required by the Guidance Handbook.
E. 
All construction activities disturbing 5 or more acres shall obtain an NPDES erosion control permit for construction activities issued by the City of Milwaukie.
(Ord. 1899 § 1, 2002)
Fees to cover the cost of erosion control plan review, site inspections, and the Clackamas County/City of Milwaukie Technical Guidance Handbook for Erosion/Sedimentation Control Plans (August 1991) will be set by City Council resolution.
(Ord. 1899 § 1, 2002)
The applicant shall maintain all facilities required by an approved erosion control plan so as to assure their continued effectiveness during construction or other permitted activity. If the facilities and techniques approved in an erosion control plan are not effective or sufficient as determined by the City's Site Inspector, the permittee shall submit a revised plan within 3 working days of written notification by the City. In cases where erosion is occurring, the City may require the applicant to implement interim control measures prior to submittal of a revised erosion control plan and without limiting the City's right to undertake enforcement measures. Upon approval of the revised plan by the City, the permittee shall immediately implement the revised plan.
(Ord. 1899 § 1, 2002)
Permittees or property owners for any site activities which were underway on the effective date of the ordinance codified in this chapter, may be required to prepare an erosion control plan for approval pursuant to this chapter. If the City determines that an erosion control problem exists, and requests an erosion control plan, ground work on the site shall cease pending approval of the plan and installation of approved erosion control measures. The provisions of this section shall apply only until final landscaping on the site is sufficiently established to control erosion.
(Ord. 1899 § 1, 2002)
The City may require the applicant to submit a bond, cashier's check, or irrevocable letter of credit from an acceptable financial institution to secure performance of the requirements of this chapter. Upon default, the City may perform work or remedy violations and draw upon the bond or fund. If the City does not require a bond and the developer does not perform the erosion control plan in whole or in part, the City may, but shall not be obligated to, perform or cause to be performed corrective work and charge the developer. Such amount shall bear interest at 9% per annum and shall be a lien upon the property foreclosable in accordance with ORS Chapter 88.
(Ord. 1899 § 1, 2002)
A. 
Developers/contractors of building activities requiring erosion control permits who have a certified individual on staff with authority over erosion control and who is responsible for erosion control of the site, are eligible for a discount of their erosion control fees in accordance with the City fee schedule. On large or complex sites, the City may require an individual certified in erosion control to be on site at all times. Violations of this title that result in enforcement procedures described in Section 16.28.110, will result in revocation of the certification and require payment of the full erosion control fee. Recertification is required following erosion control violations resulting in enforcement actions. If certification is revoked, there may be additional inspection fees.
B. 
Certification shall involve training in erosion control techniques, issues, and implementation strategies. A minimum of 4 hours of classroom instruction shall be required every 2 years.
(Ord. 1899 § 1, 2002)
The erosion control measures shall be installed by the owner or his or her representative and shall be inspected by the City prior to the start of any excavation work.
(Ord. 1899 § 1, 2002)
No person shall drag, drop, track, or otherwise place or deposit, or permit to be deposited, mud, dirt, rock, or other such debris upon a public street or into any part of the public storm and surface water system, including natural drainage systems, or any part of a private storm and surface water system which drains or connects to the public storm and surface water system, with the exception of sanding for ice and snow and maintenance such as crack or chip sealing. Any such deposit of material shall be immediately removed using hand labor or mechanical means. No material shall be washed or flushed into the road/street or any part of the storm or surface water system without erosion control measures installed to the satisfaction of the City, and any such action shall be an additional violation.
(Ord. 1899 § 1, 2002)
A. 
The Engineering Director or designee shall enforce the provisions of this chapter.
B. 
Beginning or continuing site-clearing, grading or construction activities without an approved erosion control plan required by this chapter constitutes a violation of this chapter. Failure to implement the erosion control measures set forth in the approved erosion control plan constitutes a violation of this chapter. No building shall be certified for occupancy if the property is deemed to be in violation of this chapter. Any person convicted of violating this chapter shall be punished by a fine of not more than $300.00. Each day that such violation exists shall be deemed a separate violation of this chapter.
(Ord. 1899 § 1, 2002)