Note: Prior ordinance history; Ord. 1718.
A. 
The policies of this chapter will 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 will be required to lessen the adverse effects of erosion and sedimentation. The owner or his or her/her agent, contractor, or employee, must 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 will 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 is 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 that accelerates erosion must be prevented.
F. 
No visible or measurable erosion will 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, is 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 that 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 through rainfall or other means. Dust must 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; Ord. 2246, 11/19/2024)
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.
"Manager"
means the City Manager or designee.
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 must 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 will 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 will 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 must 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; Ord. 2246, 11/19/2024)
A. 
Erosion control plans must 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 on site during the period of activity on the site until the final landscaping is sufficiently established to control erosion. Each plan must contain a date that 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 must include:
1. 
Identification of potential sources of stormwater pollution at the construction site;
2. 
The stormwater controls to prevent erosion and pollution created from the development both during and after construction (site-specific considerations must be incorporated);
3. 
Limits of clearing by flagging boundaries in the field before starting site grading or construction (staging areas must be included);
4. 
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;
5. 
A drainage plan during construction;
6. 
Existing contours as well as all sensitive areas, creeks, streams, wetlands, open areas, and areas of natural riparian vegetation pursuant to Chapter 322; and
7. 
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 is required for sites with disturbed area of five acres or greater.
D. 
The Erosion Control Plan must be kept on site and made available during site inspections or upon request.
E. 
Erosion Control Plans must be maintained and updated as site conditions change or as directed by the City.
F. 
Additional measures required by subsection C above may include one 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.
G. 
All construction activities disturbing five or more acres must obtain an NPDES erosion control permit for construction activities issued by the City of Milwaukie.
(Ord. 1899 § 1, 2002; Ord. 2246, 11/19/2024)
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; Ord. 2246, 11/19/2024)
The applicant must 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 must submit a revised plan within three 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 must immediately implement the revised plan.
(Ord. 1899 § 1, 2002; Ord. 2246, 11/19/2024)
Permittees or property owners for any site activities that 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 must cease pending approval of the plan and installation of approved erosion control measures. The provisions of this section apply only until final landscaping on the site is sufficiently established to control erosion.
(Ord. 1899 § 1, 2002; Ord. 2246, 11/19/2024)
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 is not obligated to, perform or cause to be performed corrective work and charge the developer. Such amount will bear interest at nine percent per annum and be a lien upon the property foreclosable in accordance with ORS Chapter 88.
(Ord. 1899 § 1, 2002; Ord. 2246, 11/19/2024)
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 must involve training in erosion control techniques, issues, and implementation strategies. A minimum of four hours of classroom instruction is required every two years.
(Ord. 1899 § 1, 2002; Ord. 2246, 11/19/2024)
The erosion control measures shall be installed by the owner or his or her representative and must be inspected by the City prior to the start of any excavation work.
(Ord. 1899 § 1, 2002; Ord. 2246, 11/19/2024)
No person will 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 that 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 must be immediately removed using hand labor or mechanical means. No material will 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 will be an additional violation.
(Ord. 1899 § 1, 2002; Ord. 2246, 11/19/2024)
A. 
Enforcement Procedures
For any violation of MMC Chapter 16.28, the following enforcement procedures apply:
1. 
Notice of Violation
If the Manager determines that an applicant, other responsible party, or other person has failed to comply with MMC Chapter 16.28, the Manager must issue a written notice of violation to such person. The notice of violation must be served in person or by certified or registered mail, return receipt requested. The notice of violation must include:
a. 
The name and address of the applicant or the responsible person;
b. 
The address or other description of the site where the violation is occurring;
c. 
A statement specifying the nature of the violation;
d. 
A summary of potential remedial measures that may be necessary to bring the act or failure to act into compliance with Chapter 16.28;
e. 
The date by which compliance is required, which must be within 10 days of issuance; or, if compliance is anticipated to take longer than 10 days due to technical, logistical, or other reasonable issues, require the applicant or other responsible party, within 10 days, to provide a written action plan for how compliance will be achieved and a timeline for compliance, which may not exceed six months without approval by the Department of Environmental Quality. The type and severity of pollution discharged will inform the date by which compliance is required;
f. 
A statement of the penalties that may be assessed; and
g. 
A statement of other enforcement action that may occur.
2. 
Stop Work Order
The Manager may order work to be stopped for any violation of Chapter 16.28 that arises from the work authorized under a permit. The stop work order must be posted on the property where the violation has occurred and will remain in effect until the remedial measures set forth in the notice of violation have been completed, or the violations have been otherwise cured. The stop work order may be withdrawn or modified by the Manager to enable the necessary remedial measures.
3. 
Repeat or Ongoing Violations
Not withstanding other provisions in this Section 16.28.110, the Manager may impose a civil penalty and pursue enforcement without having issued a notice of violation or making attempts to secure voluntary correction where the Manager determines that the violation was knowing, intentional, or a repeat of a similar violation.
4. 
Failure to Comply
In the event the applicant, responsible party, or other person fails to take the remedial measures set forth in the notice of violation, the Manager may issue a citation for each day the violation remains unremedied after the date set forth in the notice of violation, consistent with the procedures set forth in Chapter 1.08, Short-Form Uniform Complaint and Citation Method and Code Enforcement Procedures.
5. 
Rights, remedies, and penalties set forth in this Chapter 16.28 are cumulative, not mutually exclusive, and in addition to any other rights, remedies, and penalties available to the City under any other provision of law.
(Ord. 1899 § 1, 2002; Ord. 2246, 11/19/2024)
A. 
Continuing Violation
Unless otherwise provided, a person must be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued, or permitted by the person.
B. 
Violations Deemed a Nuisance
Any condition caused or permitted to exist in violation of any provision of this chapter is a threat to public health and safety. Any such condition is unlawful and constitutes a nuisance, subject to the enforcement provisions in Section 8.04.070.
C. 
Penalty
Violation of any provision of this chapter by any person, firm, or corporation is punishable by a fine of not more than $1,000. Factors for determining the penalty amount may include, but are not limited to, the type, scale, and duration of the violation and whether the responsible party has been issued a notice of violation, citation, or otherwise held responsible for prior violations.
(Ord. 2246, 11/19/2024)