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10.20.010 Definitions.

(Amended by Ordinance Nos. 176955, 179690 and 182389, effective January 2, 2009.)

A.  General.  For the purpose of this Title, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this Chapter.  Throughout this Title, the following words and phrases shall be construed as set forth in this Section, unless the context requires otherwise.

B.  Definitions.

1.  "Accepted" means, for projects in the public right-of-way, that the required plans have been reviewed by the Director and have been found to be in conformance with the Erosion and Sediment Control Regulations.

2.  "Applicant" means the person who applies for a permit.

3.  "Approval" or "Approved" means a determination by the Director that the provisions of this Title have been met.

4.  "Bedrock" means in-place solid rock.

5.  "Best Management Practice" or "BMP" means a physical, chemical, structural or managerial practice that prevents, reduces, or treats the contamination of water, or which prevents or reduces soil erosion.

6.  "Bureau" means the Bureau of Environmental Services, the Bureau of Development Services, the Bureau of Transportation and the Portland Water Bureau.

7.  "Certified Professional in Erosion and Sediment Control" or "CPESC" means a person who has been so determined by the Soil and Water Conservation Society and the International Erosion Control Association.

8.  "Contract Work" means capital improvement program or other City funded public works activities provided by an outside contractor in compliance with the City’s Standard Construction Specifications and other applicable special standards.

9.  "Denuded" means land that has had the natural vegetative cover or other cover removed leaving the soil exposed to the elements.

10.  "Development" means any human induced change to improved or unimproved real estate, whether public or private, including but not limited to construction, installation, or expansion of a building or other structure, land division, street construction, drilling, and site alteration such as that due to dredging, grading, paving, parking or storage improvements, excavating, filling or clearing.

11.  "Director" means those persons specified in Section 10.10.030 or those persons’ designees.

12.  "Disturbance Area" means an area where soils are exposed or disturbed by development, both existing and proposed.  The disturbance area includes staging and storage areas, structures, and areas needed for vehicle access and maneuvering.  When a disturbance area is delineated for new development, it must be a contiguous area.  Agricultural and pasture land and native vegetation planted for resource enhancement are not considered part of the disturbance area.

For utility lines, trenches, or other similar linear work, the disturbance area includes staging and storage areas, the linear feature, and the areas on each side of the linear feature 15 feet wide for public works projects and 10 feet wide for all other projects.  Where necessary for safety in deep trenches, the disturbance area may be made wide enough to allow for bending and shoring of the trench.

13.  "Drainage Control" means the collection, conveyance and discharge of stormwater.

14.  "Dwelling" means any structure containing dwelling units.

a.  "Single Family Dwelling" means a structure containing only one dwelling unit.

b.  "Duplex" means a structure containing two dwelling units.

15.  "Environmental Overlay Zone" means any location in a “c” or “p” overlay zone shown on Official Zoning Maps or described in Chapter 33.430 of the City of Portland Zoning Code.

16.  "Erosion" means the wearing away of the ground surface as a result of the effects of gravity, wind, water or ice.

17.  "Erosion Control Manual" means the collection of administrative rules adopted to implement the purpose and intent of this Title.

18.  "Final GRADE means the finished grade of the site which conforms to the approved plan.

19.  "Grade" means the vertical location of the ground surface.

20.  "Greenway" means a Greenway Overlay Zone as determined by the City of Portland Zoning Code Title 33, Section 33.440.030.

21.  "Ground Disturbing Activity" means any activity that exposes soil.

22.  "Nuisance" (See Chapter 10.80.010 of this Title).

23.  "Owner" means the person whose name and address is listed as the owner of the property by the County Tax Assessor on the County Assessment and Taxation records.

24.  "Permanent measures" or "permanent stabilization" means a combination of plants, mulch, sod, matting, erosion control blankets, and permanent structures that will provide long-term soil stabilization.

25.  "Permanent non-permitted ground disturbing activities" means activities or businesses that do not require a development permit and which expose soils for extended periods as an integral part of their production or maintenance.  Examples include agriculture, quarries, mining, nurseries, and maintenance of sports fields.

26.  "Permit" means an official document issued by the Director authorizing performance of a specified activity.

27.  "Person" means any individual, partnership, association or corporation.

28.  "Plan" means a text narrative, or graphic or schematic representation, with accompanying notes, schedules, specifications and other related documents.

29.  "Pollutant" means any substance which is prohibited or limited by the provisions of Chapter 17.39 of the City Code, released or discharged in conjunction with development.

30.  "Responsible Party" means:

a.  The property owner or person authorized to act on the owner’s behalf; or

b.  Any person causing or contributing to a violation of this Title.

31.  "Sediment" means mineral or organic matter deposited as a result of erosion.

32.  "Site" means any lot or parcel of land or contiguous combination where development occurs.   For utility lines, trenches or other similar linear work, the site includes only the disturbance area directly related to the linear work activity (see "disturbance area").

33.  "Slope" means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

34.  "Soil" means naturally occurring surficial deposits overlaying bedrock.

35.  "Special Site"  (See Section 10.30.030 of this Title).

36.  "Stabilization" means the process of establishing an enduring soil cover of vegetation or mulch or other ground cover and may be in combination with installation of temporary or permanent structures.  Stabilization shall reduce to the maximum extent practicable the erosion process and the resultant transport of sediment.

37.  "Storm Drainage System" means facilities by which stormwater runoff is collected or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, culverts, pumping facilities, retention and detention basins, natural and constructed (or altered) drainage channels, reservoirs, and other drainage structures.

38.  "Storm Event" means a storm that produces one-half inch of rain or more during any 24 hour time period.

39.  "Stormwater" means water runoff, snowmelt runoff or surface runoff and drainage.

40.  "Visible and Measurable" means:

a.  Deposits or tracking 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 or surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion.

b.  Evidence of concentrated 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.

c.  Earth slides, mud flows, earth sloughing, or other earth movement which leaves the property.

41.  "Water Body" means rivers, sloughs, continuous and intermittent streams and seeps, ponds, lakes, aquifers, and wetlands.

42.  "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently with some degree of regularity. Watercourses may be either natural or artificial.

43.  "Wetland" means an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and which under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.  Wetlands include swamps, marshes, bogs and similar areas.