Chapter 10.40 Permits & Plans


10.40.010 Plan Required.
(Amended by Ordinance No. 179690, effective November 18, 2005.)
 
A. The responsible party shall submit an erosion, sediment and pollutant control plan for permitted development projects to the Director for review if:
 
1. The disturbance area is 500 square feet or greater in area; or
 
2. The disturbance area is in a special site (see Section 10.30.030 A. for definition).
B. An erosion, sediment, and pollutant control plan is not required for work that does not require a permit or for planting of trees or other vegetation by hand held tools, unless otherwise required by the terms of a compliance order or land use decision.
 
C. Where a plan is required, the responsible party shall not commence any development before the Director has approved the proposed plan.

10.40.020 Permit and Plan Requirements.
(Amended by Ordinance No. 179690, effective November 18, 2005.)
 
A. All permit applications or contract submittals that require an erosion, sediment, and pollutant control plan shall be accompanied by the plans at the time of application or submittal. The number of erosion, sediment and pollutant control plans required shall be determined by the applicable permit or contract process. All erosion, sediment and pollutant control plans shall comply with the Minimum Erosion, Sediment and Pollutant Control Plan Standards in the Erosion Control Manual.
 
B. The Director shall review all erosion, sediment and pollutant control plans. The Director may waive items required under Subsection A above where the Director determines that certain items are not applicable to a specific application or project.
 
C. The responsible party shall be accountable for any plan modifications needed due to conflicts, omissions or changed conditions that arise in the field. The responsible party shall bear all costs to comply with the City of Portland Standard Construction Specifications, the Erosion Control Manual and the City Code.

10.40.030 Approval or Denial of Erosion, Sediment and Pollutant Control Plan.

The erosion, sediment and pollutant control plan shall be reviewed by the Director.  If the Director finds that the plan complies with this Title, it shall be approved.  Such approval shall be indicated on the plan documents.  The approved plan shall not be changed, modified, or altered without authorization from the Director.  All development regulated by this Title shall be done in accordance with the approved plan.  If the Director approves only a portion of the plan, development may commence on only that portion of the site for which the plan that has been approved.


10.40.040 Alternate Methods Review Process.

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

 

A.  The Director may approve the use of alternate methods that provide protection that is greater than or equal to the protection provided by the methods prescribed in the Erosion Control Manual.

 

B.  In order to determine the suitability of alternate erosion control methods not specifically addressed by this Title and not approved by the Director as described in Subsection A. above, and to provide interpretation of this Title, there is created an alternate methods review process.  The process shall consist of an Administrative Review Board and an Erosion Control Review Board.

 

1.  Administrative Review Board.  The Administrative Review Board shall be established as the initial review process.  The Bureau of Development Services shall provide staff for the Administrative Review Board.

 

a.  Administrative Review Board Membership. The Administrative Review Board shall comprise one member and one alternate appointed by the Director, or Manager, of each of the following Bureaus: Bureau of Environmental Services, Bureau of Transportation, Portland Water Bureau, Bureau of Development Services and the Urban Forestry Division.

 

b.  Meeting Schedule and Quorum.  The Administrative Review Board shall meet on an as needed basis, based on review requests.  The board shall not meet more than once per week.  At least one member or alternate must attend from the Bureau of Development Services, and at least one member or alternate must attend from the Bureau of Environmental Services to constitute a quorum.  When the Administrative Review Board considers a petition concerning work in the right-of-way, at least one member or alternate from the Bureau responsible for the work in the right-of-way must also attend to constitute a quorum.

 

c.  Duties.  The Administrative Review Board shall review and reach determination on all petitions which request the use of alternate methods of erosion control and provide interpretation of the requirements of this Title.  Any alternate method allowed shall provide an equivalent or greater level of protection than the methods prescribed in the Erosion Control Manual.  The decision of the Administrative Review Board shall have full force and effect unless petitioned to the Erosion Control Review Board.  The Administrative Review Board shall give written notice to the responsible party of its decision.

 

2.  Erosion Control Review Board.  The Erosion Control Review Board is established to hear petitions regarding decisions made by the Administrative Review Board.  The Commissioner in charge of the Bureau of Development Services shall appoint members to serve on the Erosion Control Review Board, and shall designate a Chair.  The Bureau of Development Services shall provide staff for the Erosion Control Review Board.

 

a.  Board Membership. 

 

(1)  The Erosion Control Review Board shall consist of three members.  Members must be qualified by experience and training to make decisions on matters pertaining to erosion control methods.

 

(2)  Members shall be appointed for a period of three years.

 

(3)  Any member of the Erosion Control Review Board may be removed from office by the Commissioner in charge for due cause, such as malfeasance in office, incapacity or neglect of duty.

 

(4)  The Commissioner in charge shall appoint a qualified alternate for each member, who shall attend meetings and vote when the member is unavailable.

 

b.  Meeting of the Board.  Meetings of the Erosion Control Review Board shall be held at the call of the Chair or upon notice from the Commissioner in charge.

 

c.  Duties.  The Erosion Control Review Board shall review and make decisions on all petitions from decisions made by the Administrative Review Board.  The Erosion Control Review Board may, by a majority vote, affirm, reverse or modify the action of the Administrative Review Board.  Any alternate method of erosion control shall provide an equal or greater level of protection than the methods prescribed in the Erosion Control Manual.  The decision of the Erosion Control Review Board shall be final.  The Erosion Control Review Board shall give written notice to the petitioner of its decision.

 

C.  Petitions to the Administrative Review Board.  Whenever the responsible party wishes to pursue an alternate method of erosion control not addressed by this Title, the responsible party may request review of the alternate method by the Administrative Review Board. Any alternate method of erosion control shall provide an equal or greater level of protection than the methods prescribed in the Erosion Control Manual.  All requests for review shall be in writing and addressed to the Director of the Bureau of Development Services.

 

D.  Petitions to the Erosion Control Review Board.  The responsible party may petition for further review of a decision made by the Administrative Review Board to the Erosion Control Review Board.  Any petition shall be addressed to the Director of the Bureau of Development Services and must be received within fifteen days of the Administrative Review Board’s decision.  The Director shall forward the notice or a copy to the Erosion Control Review Board and the Board shall determine a hearing date.  The petitioner and any interested parties shall be notified of the time and place for the hearing.

 

E.  Burden of proof.  The burden of proof for all alternate methods reviews falls upon the responsible party.

 

F.  Fee for petition.  All required fees are stated in the Fee Schedule adopted by City Council.  Fees will be updated annually or on an as-needed basis.  The approved Fee Schedule shall be available at the Development Services Center.  The fee shall be paid at the time the petition is filed.

 


10.40.050 Issuance of Permit.
A. No permit requiring an erosion, sediment and pollutant control plan shall be issued until the plan is approved.
 
B. As a condition of permit issuance, the responsible party shall agree to allow all inspections to be conducted.
 
C. Where a bond, letter of credit or other guarantee is required, the permit shall not be issued until the bond or guarantee has been obtained and approved.

10.40.060 Public Works Projects.
(Amended by Ordinance No. 179690, effective November 18, 2005.) Projects within the public right-of-way shall not be commenced until the erosion, sediment and pollutant control plan has been accepted and controls are in place.

10.40.070 Cancellation of Permit or Expiration of Permit.

The Director may require that all denuded soil on the site be permanently stabilized before a permit is cancelled or expires.