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Charter, Code and Policies

City of Portland



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Chapter 10.30 Requirements

10.30.010 General Scope.

(Amended by Ordinance Nos. 175205 and 179690, effective November 18, 2005.)

A. This Title applies to all ground disturbing activities whether or not a permit is required, unless such activities otherwise are exempted by Portland City Code. All non-permitted ground disturbing activities shall comply with this Title unless otherwise noted.

B. Exemptions:

1. Installation of signs is exempt from this Title.

2. Emergencies: Development which is subject to Subsection A. may commence without complying with the requirements of this Title if the Director determines that there is a hazard posing imminent danger to life or property, such as substantial fire hazards, risk of flood or other emergency. However, upon a determination by the Director that such emergency has passed, the provisions of this Title shall apply.

10.30.020 Minimum Requirements.

(Amended by Ordinance No. 179690, effective November 18, 2005.) The following minimum requirements apply to all development and ground disturbing activities.

A. Purpose

1. No visible and measurable sediment or pollutant shall exit the site, enter the public right-of-way or be deposited into any water body or storm drainage system.

2. Depositing or washing soil into a water body or the storm drainage system is prohibited.

3. Ground disturbing activities requiring a permit shall provide adequate public notification of the City’s Erosion Control Complaint Hotline.

B. Requirements and Standards. In order to meet the purpose set forth in Subsection A. above, the responsible party shall do all or any of the following:

1. Install measures intended to keep soil on site or out of water bodies, storm drainage systems or the public right-of-way as the first step in any development. These measures shall be made functional prior to any upslope development taking place.

2. Remove any soil that enters the public right-of-way.

3. Protect stormwater inlets that are functioning during the course of the development by approved sediment control measures so that sediment-laden water cannot enter the inlets without first being filtered.

4. Apply permanent or temporary soil stabilization to denuded development site areas in conformance with the following schedule. Permanent non-permitted ground disturbing activities may achieve compliance with this schedule by installing and maintaining approved permanent Best Management Practices (BMPs) that meet the purpose of this Title.

a. Between October 1 and April 30, all denuded sites shall be provided with either temporary or permanent soil stabilization as soon as practicable, but in no case more than two days after ground disturbing activity occurs.

b. Between May 1 and September 30, temporary erosion and sediment control measures to reduce dust and sediment transport shall be applied as soon as practicable, but in no case more than seven days after ground disturbing activity occurs.

c. Ground cover shall be installed on any portion of a site that is denuded for more than six months. Sports fields or playgrounds surrounded by vegetative cover or permanently installed curbing are exempt from this requirement.

d. Temporary measures shall be maintained until permanent measures are established.

e. Ground disturbing activity taking place between October 1 and April 30 for sites located in the Balch Creek Subdistrict of the Northwest Hills plan district is prohibited, and is not subject to Alternate Methods review per Section 10.40.040. (See Chapter 33.563 of the City of Portland Zoning Code.)

5. Plant replacement vegetative cover that does not include plants listed in either the Nuisance or the Prohibited Plant List, as set forth in the City of Portland Plant List. Permanent non-permitted ground disturbing activities are exempted from this requirement.

6. Secure or protect soil stockpiles throughout the project with temporary or permanent soil stabilization measures. The responsible party is accountable for the protection of all stockpiles on the site, and those transported from the site. Depositions of soil may be subject to additional regulations requiring permit, review or erosion and sediment control.

7. Select BMPs from the Erosion Control Manual.

8. Post signage on the site of the permitted ground disturbing activity that identifies the City’s Erosion Control Complaint Hotline number or the responsible City project manager/inspector. Permanent non-permitted ground disturbing activities are exempted from this requirement.

a. Post a sign on the site that is clearly visible from the right-of-way. The sign shall be at least 18" by 18" and made of materials that shall withstand weather for the duration of the project. Lettering shall be at least 3" high and easily readable. Signs shall be color coded or otherwise marked to identify the appropriate enforcing bureau; or

b. Another visual notification method approved by the Director of the designated enforcing bureau.

9. Demonstrate that any trench dewatering and trench spoils will be managed onsite or provide discharge approval from the Bureau of Environmental Services for offsite discharge.

10. Identify sites where potential pollutants will be stored, used, or disposed. Such sites must provide adequate containment to prevent the release of non-soil pollutants.

10.30.030 Additional Requirements for Special Sites.

(Amended by Ordinance No. 179690, effective November 18, 2005.) When the Director determines that special site conditions may prevent compliance with Section 10.30.020, the Director may require additional erosion, sediment and pollutant control measures.

A. Special site conditions may include, but are not limited to, the following:

1. Slopes before development that are greater than 10 percent (1 Vertical:10 Horizontal).

2. Ground disturbance of a natural vegetative buffer within 50 feet of a wetland and or water body.

3. The development site is located entirely or partially within an Environmental Overlay Zone or Greenway Overlay Zone.

4. The development site or development phase will have ground disturbing activity at any one time of 10,000 square feet or more. Single family dwellings and duplex dwellings are exempt from this size limitation.

5. The development includes a land division containing 10,000 square feet or more.

6. Project timing is such that ground disturbing activity will take place between October 1 and April 30.

7. The development involves discharge or offsite disposal of dewatering or trench spoils.

B. Additional requirements imposed by the Director to achieve compliance with Section 10.30.020 A. may include, but are not limited to, the following:

1. Requiring drainage control in compliance with Titles 17 and 24 during all development phases.

2. Requiring that a State of Oregon registered professional engineer, other professional certified by the State of Oregon with experience or qualifications in preparing erosion control plans, or a registered CPESC prepare or implement the erosion and sediment control plan.

3. Prohibiting ground disturbing activities between October 1 and April 30.

4. Limiting the amount of denuded soil at any given time

5. Requiring a bond, letter of credit or other guarantee.

10.30.040 Maintenance.

(Amended by Ordinance No. 179690, effective November 18, 2005.) The requirements of this Section apply to all permitted ground disturbing activities.

A. The responsible party shall maintain all erosion, sediment and pollutant control measures, temporary and permanent, in proper functioning order.

B. The responsible party shall inspect, maintain, adjust, repair, and replace erosion, sediment and pollutant control measures within 24 hours following a storm event to ensure that the measures are functioning properly.

C. During active ground disturbing activity, the responsible party shall inspect and maintain erosion, sediment and pollutant control measures daily between October 1 and April 30.

D. All inspections conducted by a responsible party in Subsections B. and C. above shall be noted in an inspection log indicating the date and time of the inspection. The inspection log shall be made available to the Director upon request.

E. All site public notification signs required by 10.30.020 shall be maintained to remain easily readable from the public right-of-way throughout the duration of the ground disturbing activity.