Date: Jurisdiction: Local file no.: DLCD file no.: February 22, 2016 City of Lake Oswego LU 15-0050 005-15 The Department of Land Conservation and Development (DLCD) received the attached notice of adopted amendment to a comprehensive plan or land use regulation on 02/19/2016. A copy of the adopted amendment is available for review at the DLCD office in Salem and the local government office. Notice of the proposed amendment was submitted to DLCD 36 days prior to the first evidentiary hearing. Appeal Procedures Eligibility to appeal this amendment is governed by ORS 197.612, ORS 197.620, and ORS 197.830. Under ORS 197.830(9), a notice of intent to appeal a land use decision to LUBA must be filed no later than 21 days after the date the decision sought to be reviewed became final. If you have questions about the date the decision became final, please contact the jurisdiction that adopted the amendment. A notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR chapter 661, division 10). If the amendment is not appealed, it will be deemed acknowledged as set forth in ORS 197.625(1)(a). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. If you have questions about this notice, please contact DLCD’s Plan Amendment Specialist at 503- 934-0017 or plan.amendments@state.or.us DLCD Contact NOTICE OF ADOPTED CHANGE TO A COMPREHENSIVE PLAN OR LAND USE REGULATION http://www.oregon.gov/LCD/Pages/forms.aspx -1- Form updated November 1, 2013 DLCD FORM 2 NOTICE OF ADOPTED CHANGE FOR DLCD USE TO A COMPREHENSIVE PLAN OR File No.: LAND USE REGULATION Received: Local governments are required to send notice of an adopted change to a comprehensive plan or land use regulation no more than 20 days after the adoption. (See OAR 660-018-0040). The rules require that the notice include a completed copy of this form. This notice form is not for submittal of a completed periodic review task or a plan amendment reviewed in the manner of periodic review. Use Form 4 for an adopted urban growth boundary including over 50 acres by a city with a population greater than 2,500 within the UGB or an urban growth boundary amendment over 100 acres adopted by a metropolitan service district. Use Form 5 for an adopted urban reserve designation, or amendment to add over 50 acres, by a city with a population greater than 2,500 within the UGB. Use Form 6 with submittal of an adopted periodic review task. Jurisdiction: City of Lake Oswego Local file no.: LU 15-0050 Date of adoption: 02/16/16 Date sent: 2/19/2016 Was Notice of a Proposed Change (Form 1) submitted to DLCD? Yes: Date (use the date of last revision if a revised Form 1was submitted): 10/19/15 No Is the adopted change different from what was described in the Notice of Proposed Change? Yes No If yes, describe how the adoption differs from the proposal: Impervious area (IA) thresholds for applicablity raised to creation of 1000+ square feet new IA or creation/re- creation of 3,000+ square feet total IA or maintenance of 3000+ square feet or more IA with additional offsite hydrologic impacts. Minor definition changes to conform to MS4 permit. Local contact (name and title): Iris McCaleb, Administrative Support Phone: 503/697-6591 E-mail: imccaleb@lakeoswego.city Street address: 380 A Avenue, PO Box 369 City: Lake Oswego Zip: 97034- PLEASE COMPLETE ALL OF THE FOLLOWING SECTIONS THAT APPLY For a change to comprehensive plan text: Identify the sections of the plan that were added or amended and which statewide planning goals those sections implement, if any: N/A For a change to a comprehensive plan map: Identify the former and new map designations and the area affected: Change from to . acres. A goal exception was required for this change. Change from to . acres. A goal exception was required for this change. Change from to . acres. A goal exception was required for this change. Change from to . acres. A goal exception was required for this change. Location of affected property (T, R, Sec., TL and address): . The subject property is entirely within an urban growth boundary The subject property is partially within an urban growth boundary http://www.oregon.gov/LCD/Pages/forms.aspx -2- Form updated November 1, 2013 If the comprehensive plan map change is a UGB amendment including less than 50 acres and/or by a city with a population less than 2,500 in the urban area, indicate the number of acres of the former rural plan designation, by type, included in the boundary. Exclusive Farm Use – Acres: Non-resource – Acres: Forest – Acres: Marginal Lands – Acres: Rural Residential – Acres: Natural Resource/Coastal/Open Space – Acres: Rural Commercial or Industrial – Acres: Other: – Acres: If the comprehensive plan map change is an urban reserve amendment including less than 50 acres, or establishment or amendment of an urban reserve by a city with a population less than 2,500 in the urban area, indicate the number of acres, by plan designation, included in the boundary. Exclusive Farm Use – Acres: Non-resource – Acres: Forest – Acres: Marginal Lands – Acres: Rural Residential – Acres: Natural Resource/Coastal/Open Space – Acres: Rural Commercial or Industrial – Acres: Other: – Acres: For a change to the text of an ordinance or code: Identify the sections of the ordinance or code that were added or amended by title and number: LOC 50.06.004 (Site Design), LOC 50.06.006 (Geologic Hazards and Drainage), LOC 50.07.003 (Review Procedures), LOC 50.07.004 (Additional Submission Requirements), 50.10.003 (Definitions). Amendments to LOC Chapter 38 - Utility Code were included. For a change to a zoning map: Identify the former and new base zone designations and the area affected: Change from to . Acres: Change from to . Acres: Change from to . Acres: Change from to . Acres: Identify additions to or removal from an overlay zone designation and the area affected: Overlay zone designation: . Acres added: . Acres removed: Location of affected property (T, R, Sec., TL and address): List affected state or federal agencies, local governments and special districts: Identify supplemental information that is included because it may be useful to inform DLCD or members of the public of the effect of the actual change that has been submitted with this Notice of Adopted Change, if any. If the submittal, including supplementary materials, exceeds 100 pages, include a summary of the amendment briefly describing its purpose and requirements. Action taken to meet a requirement of City's Phase I municipal stormwater (MS4) permit. http://www.oregon.gov/LCD/Pages/forms.aspx -3- Form updated November 1, 2013 NOTICE OF ADOPTED CHANGE – SUBMITTAL INSTRUCTIONS 1. A Notice of Adopted Change must be received by DLCD no later than 20 days after the ordinance(s) implementing the change has been signed by the public official designated by the jurisdiction to sign the approved ordinance(s) as provided in ORS 197.615 and OAR 660-018-0040. 2. A Notice of Adopted Change must be submitted by a local government (city, county, or metropolitan service district). DLCD will not accept a Notice of Adopted Change submitted by an individual or private firm or organization. 3. Hard-copy submittal: When submitting a Notice of Adopted Change on paper, via the US Postal Service or hand-delivery, print a completed copy of this Form 2 on light green paper if available. Submit one copy of the proposed change, including this form and other required materials to: Attention: Plan Amendment Specialist Dept. of Land Conservation and Development 635 Capitol Street NE, Suite 150 Salem, OR 97301-2540 This form is available here: http://www.oregon.gov/LCD/forms.shtml 4. Electronic submittals of up to 20MB may be sent via e-mail. Address e-mails to plan.amendments@ state.or.us with the subject line “Notice of Adopted Amendment.” Submittals may also be uploaded to DLCD’s FTP site at http://www.oregon.gov/LCD/Pages/papa_ submittal. aspx. E-mails with attachments that exceed 20MB will not be received, and therefore FTP must be used for these electronic submittals. The FTP site must be used for all .zip files regardless of size. The maximum file size for uploading via FTP is 150MB. Include this Form 2 as the first pages of a combined file or as a separate file. 5. File format: When submitting a Notice of Adopted Change via e-mail or FTP, or on a digital disc, attach all materials in one of the following formats: Adobe .pdf (preferred); Microsoft Office (for example, Word .doc or docx or Excel .xls or xlsx); or ESRI .mxd, .gdb, or. mpk. For other file formats, please contact the plan amendment specialist at 503-934-0017 or plan.amendments@state.or.us. 6. Content: An administrative rule lists required content of a submittal of an adopted change (OAR 660-018-0040(3)). By completing this form and including the materials listed in the checklist below, the notice will include the required contents. Where the amendments or new land use regulations, including supplementary materials, exceed 100 pages, include a summary of the amendment briefly describing its purpose and requirements. 7. Remember to notify persons who participated in the local proceedings and requested notice of the final decision. (ORS 197.615) If you have any questions or would like assistance, please contact your DLCD regional representative or the DLCD Salem office at 503-934-0017 or e-mail plan.amendments@state.or.us. Notice checklist. Include all that apply: Completed Form 2 A copy of the final decision (including the signed ordinance(s)). This must include city and county decisions for UGB and urban reserve adoptions The findings and the text of the change to the comprehensive plan or land use regulation If a comprehensive plan map or zoning map is created or altered by the proposed change: A map showing the area changed and applicable designations, and Electronic files containing geospatial data showing the area changed, as specified in OAR 660-018- 0040(5), if applicable Any supplemental information that may be useful to inform DLCD or members of the public of the effect of the actual change Effective Date: March 17, 2016 ORDINANCE NO. 2695 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING LOC SECTIONS 38.06.2.c.i, 38.24.5, 50.06.006, 50.60.004, 50.07.003, 50.07.004, 50.10.003.2 AND ADDING ARTICLE 38.25, REGARDING STORMWATER MANAGEMENT; AND ADOPTING FINDINGS (LU 15-0050). WHEREAS, the regulation of stormwater runoff reduces threats to public health and safety and the environment by decreasing discharge of pollutants to receiving waters; and WHEREAS, creeks, rivers and streams within the jurisdiction of Lake Oswego experience bank erosion and contribute sediment and sediment-bound pollutants to downstream waters; and WHEREAS, inadequate surface and subsurface drainage planning and practice can lead to erosion and property damage and risk to life; and is therefore in the public interest; and WHEREAS, regulation of stormwater runoff is required by the Municipal Separate Storm Sewer System (MS4) permit issued to the City by the Oregon Department of Environmental Quality (DEQ) under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, stormwater is locally discharged to the subsurface through Underground Injection Control facilities (dry wells); pollutants in this discharge, if present, have the potential to contaminate groundwater without appropriate regulation through the Safe Drinking Water Act and OAR Division 44; and WHEREAS, surface waters within and adjacent to the City are subject to Total Maximum Daily Loads (TMDLs} that require the City to further reduce sediment discharges; and WHEREAS, other regulations of stormwater may be applied on a site-specific basis to development activities within waters of the state where compliance with the City's stormwater requirements may be presumed to fulfill all or part of the permit requirements ofthe regulating agencies; and WHEREAS, illicit and non-stormwater discharges to the storm drain system can contribute a wide variety of pollutants to waterways, and the control of these discharges is necessary to protect public health and safety, and water quality; and WHEREAS, the City Council has previously found that absent effective maintenance, operation, regulation, and control, existing surface water drainage conditions in all drainage basins within the City constitute a potential hazard to the health, safety, and property of the citizens of the City (LOC 38.24.505} and for effective facility management to occur, the facility must also be protected from excess sediment; WHEREAS, notice of the public hearing for consideration of this Ordinance was duly given in the manner required by law; and WHEREAS, the Planning Commission has recommended that LU 15-0050 be approved by the City Council; and WHEREAS, a public hearing on LU 15-0050 was held before the City Council of the City of Lake Oswego on February 2, 2016. The City of Lake Oswego ordains as follows: Section 1. The City Council hereby adopts the Findings and Conclusions (LU 15-0050) attached as Attachment C. Section 2. LOC Chapter 50, Articles 50.06.004, 50.06.006, 50.07.003, 50.007.004, and 50.10.003 are hereby amended as shown in Attachment A (new text shown in bold. double-underlined type; deleted text shown in stril 3.000 sq. ft.: or iii. Maintenance is performed on> 3.000 sq. ft. of existing impervious surface that results in an additional offsite hydrologic impact. b. Standards for Approval Develepment shell be eenelt1eteel ifl st:1eh e meARer thet elteretiens ef elreinege petteffls (streems, ditehes, sweles, eAel st:1rfaee ft1Aeff) de Aet adversely affeet. (1) Other preperty, (2) RC elistriets efl eeljeeeflt preperty, er Attachment A to Ordinance 2695/Page 1 of 9 (3) RP distriets efl adjaeeflt ~re~erty. The applicant must demonstrate that. based upon LOC Article 38.25 Stormwater Management Code. the capacity. type. location. feasibility and land area required of the proposed stormwater management system and stormwater disposal facilities as well as any connection to off-site facilities can be provided. Stormwater management measures and reauirements are detailed in LOC 38.25.001 through 38.25.200 and in the current version of the Lake Oswego Stormwater Management Manual. iii. Standards for Constr~:~etion anel Maintenanee Same as fer draiflage staAdard fer s~:~bseetiefl 3.b ef this seetieA. i'¥' . Site Oiseharge Where eeflditieAs ~ermit, ifldivid~:~al lets shall be devele~eel te maximize the ametJAt ef sterm·l't'ater rt~Aeff whieh is ~ereelated iflte the soil afld te miflimize direct eyerlafld fl:lfleff iflte streets, draiflage systems, afld/er adjeifliflg ~reperty. Stermwater r~:~Aeff frem reefs afld ether impervie~:~s s~:~rfaees she~:~ld be diverted iflte swales, terraces, aAd/er water ~ereelatiefl deviees efl the let whefl possible. h. Orainage Stanelarel for Major Oe..-elopments, Partitions, S~:~helh•isions, anel Certain Str~:~et~:~res i. Applieahilitr This seetiefl is a~~lieable te. ( 1) Majer deYele~meflts, (2) Partitiefls, (3) S~:~bdivisiefls, aAd (4) Ceflstr~:~etiefl er alteratieA of str1:1et1:1res as eleseribed ifl LOC 50.07.003.14.e~.ii(6). ii. Standards for Appro..-al ( 1) lnspeetien anel Maintenanee All draiflage maRagemeAt meas~:~res, whether leeated eA ~rivate or ~~:~blie ~re~erty, shall be aeeessible at all times fer City iRspeetiefl. \A/hefl these meas~:~re5 haYe beeR aeeepted by the Cit·r fer maiflteAaflee, aeeess easemeAts shall be prevideel at s~:~eh a width te allow aeeess by maiAteflaflee aAel iRspeetieA eq~:~i~meflt. (2) Storrnwater Rt~Aoff Q~:~alitr All draiAage systems shall iAelt~ele eRgiAeeriHg desigfl feat~:~res te miflimize pell~:~taflts s~:~eh as eil, s~:~s~eflded solids, aflel ether ebjeetieHable material ifl stermwater rt~Heff. (3) Orainage Pattern Alteration Attachment A to Ordinance 2695/Page 2 of 9 Developl'l'lel'lt shell be col'lducted il'l sueh e l'flell'll'ler that elteretiol'ls of dreil'le~e J'eltterl'ls (streel'fls, ditehes, s·,,eles, el'ld surfeee rul'loff) de Aot adversely effect. (e) Other preJ'erties, (b) RC distriets el'l edjecel'lt property, er (e) RP districts el'l edjecel'lt property. (4) Stormweler Detel'ltiel'l Suffieiel'lt sterl'flweter detel'ltiol'l shell be pre·t'ided te l'fleil'lteil'l rul'leff rates et their Aeturel uAdeveleped leYels fer ell eAticipeted iAtel'lsities eAd duretiel'ls of reil'lfell el'ld provide Aeeesser)· detel'ltieA te eecel'l'lf'lish this requirel'fleAt. (5) Reffttireel Sten,.weter Mel'legeMeftt Meesttres The epplieaAt shall provide suffieieAt sterl'flwater l'flaAagel'fleAt l'fleasures te l'fleet the above sterl'flwater ruAeff requirel'fleAts. The applieaAt shall provide desi~As of these l'fleasures tal 3.000 sq. ft .. or ~ :::: 3.000 sq. ft. of existing impervious sudace is repaired and/or maintained in a manner that results in an additional offsite hydrologic impact. m;,;eeRstrtJetieR,!o regardiRg existiRg draiRage systems, stermwater nmeff tJRder existiRg aRd prepesed de·ielepmeflt site eeRditieRs, arH~ the effect ef site rufleff eR adjeiRiflg properties. S~:~eh iRfermatieR iRel~:~des. i. GeAeraiiAferMatien IRfermatieR eeReerRiRg eleariRg, gradiRg, vegetatiefl preservatiem, aRd draiRage impre'l·emeflts. ii. Hydraulie Charaeteristies 'Nhefl a weteree1:1rse is preseflt eft the site, il'lfermatiefl l'egerdil'lg its h·tdre~:~lie ehareeteristies shell be stJbmitted. b. AdditioAal SubmissioA RequiremeAts for Major Developments Afl al'lalysis ef beth t:lpstreem al'ld dewl'lstreem impeets that ·u·e~:~ld res1:1lt frem the develepmel'lt. This shall iflelt:lde. i. TeR Year Storm. The amet:lflt (vel~:~me) afld rate (ifl c~:~bie ft. per seeefld) ef sterm·.vater gel'lerated frem the prejeet site d~:~ril'lg a tel'l year freqtJel'ley sterm fer the t:ll'ldeveleped eel'lditiel'l ef the site. ii. Fift·t Veer Storm. The ametJRf aRd rate ef sterm·n·ater geflerated frem the prejeet site d~:~riRg a 50 year freqtJeRey sterm fer the prepesed de·1elepmeRt el'l the site. 111. Dreir1ege System lmpaets. The effeets ef iRereesed develepmeflt nmeff el'l existiRg dreil'lage systems iRel~:~diRg peteRtial dewRstream eresieR al'ld/er sedimeRtatieR, capacities ef existiRg dewRstream storm eel'ldtJits el'ld petel'ltial fleediRg areas de•,vflstreem al'ld 1:1pstreem. e. Stormwater DetentioA Feasibility \A/heR, as determil'led by the City MaRager, eR site detel'ltieR is fief feasible, 13ractieal er req~:~ired by the City, the epplieal'lt shell. i. S~:~bmit a 13laR te mitigate aR'J' adverse effeets (stJeh as eresieR eRd fleediRg ef c~:~l·ferts) res~:~ltiRg frem iRereesed rt:IReff, aRd ii. CeRstr~:~et these mitigatiflg meas1:1res. el. Drainage MaAagemeAt Measures Attachment A to Ordinance 2695/Page 8 of 9 All dre iAe~e meAe~emeAt meesures shell be prepered by e re~istered eAgiAeer te meet City staAdards eAd speeifieetieA. These pleAs must be appre¥ed by the City EAgiAeer. 50.1 0.003. DEFINITIONS *** 2. DEFINITION OF TERMS The following terms shall mean: *** Replace or Replacement Ompervious sudacel The removal of an impervious surface that exposes soil followed by the placement of on impervious surface. See LOC 38.25.1 20.2.b for specifically exempted roadw ay maintenance activities. *** Attachment A to Ordinance 2695/Page 9 of 9 Article 38.06 Utility Use. ATTACHMENT B ORDINANCE 2695 38.06.020 UTILITY USER CHARGE. *** 2. The utility user charge shall be established by resolution of the City Council in an amount reasonable and necessary to fund the administration, planning, design, construction, water quality programming, operation, maintenance and repair of the City's utility systems. The component utility charges shall be based on use of the component utility service, determined as follows: *** c. The surface water management utility user charge shall be based upon the amount of impervious surface used by a customer. O wners or occupants of undeveloped property shall not be charged. Each customer using a location for single family residential shall be charged a uniform rate based upon containing one equivalent service unit (ESU). The charge for all other parcels shall be based upon the total amount of measured impervious surface used divided by one ESU and rounded to the nearest whole number. The actual service charge shall be computed by multiplying the amount of ESUs measured for each use by the rate established for each ESU. IR additieR te establishiRg the 1:1ser eharge per ESU, the Utility User Charge Resel~:~tieR shall allow a e~:~stemer te eel'ltrel er avoid the ekarge as fellows. *** i. 01'1 Site N.itigatiel'l Credits. A red~:~etiel'l er elimil'latiel'l ef the ekarge skall be graRted te a e~:~stemer wke ele·f'eleps OR site faeilities elesigl'leel te retail'!, eletaiA, er dispese ef al'lel/ er el'lRaRee tke q~:~ality ef rt:ll'leff iR a mal'll'ler preseribed by the City aAd aeeepted eAgirweriAg priAeiples. Al'l OA Site Mitigatiel'l Creelit shall apply te these pregram eests •whieh are affected by the et1stemer previdil'lg mitigatieA. ii. ~JeA Sef\·iee Abatemel'lt. A ct1stemer shall be eligible te apply fer abatemeAt ef the S~:~rface 'Nater MaRagemeRt Utility sef'fiee eharge if the e1:1stemer caA demeRstrate that the program, systems aRd facilities ef the lal 1.000 sq. ft.; < 3.000 sq. ft.) All developments that create new impervious area equal to or greater than 1.000 sq. ft. and less than 3.000 sq. ft. shall meet the following minimum requirements; ( 1 l Site Assessment and Feasibility Analysis. Applicant shall submit a site assessment and feasibility analysis. !See City Manager's additional submittal requirements. os indicated in the Manual\. The a pplicant is encouraged to bold a pre-submittal consultation meeting with the City Engineer to d iscuss potential approaches for stormwoter design god opportunities to use design techniques to reduce runoff rates. volumes. and pollutant loads to pre-development conditions to the max imum extent practicable. In addition. the applicant may Attachment 8 to Ordinance 2695/Page 5 of 19 meet on-site with the City Engineer prior to qpproyol of the stormwoter management Drainage Plan for the purooses of verifying the conditions of the site and all receiving wgterbodies. 121 Onsite Stormwgter Management. Onsite stormwgter management facilities shall be sized to infiltrate 1 00 percent of the stormwgter runoff for a 1 0-yegr. 24-hour design storm based on location- and depth-specific tested infiltration rates. Facility design shall be based on the Site Assessment and Feasibility Analysis. as approved by the City Engineer. (3) Erosion and Sediment Control. When development disturbs > 500 sq. ft. or is within 50 ft. of Waters of the State. the project shall obtain an Erosion Control Permit [LOC Ch. 521. An Erosion Control Permit is issued upon approval of on Erosion Control Plan. The baseline for the 50-ft. measurement is the ordinary high water mark of a stream or the delineated boundary of a wetland or other water body pursuant to Department of State Lands requirements: (4) Underground Injection Control IUIC) Reyiew with DEQ. The applicant shall demonstrate that any proposed UIC is rule authorized pursuant to OAR 340-44-001 8. or has either a DEQ-issued UIC permit associated with the facility or has received a notice of intent to issue a UIC permit. Stormwgter shall not be discharged to a UIC that does not meet the above requirements. (5) Stormwgter System Design. Applicant shall submit a stormwater system design (including plans and soecificationsl. (See the Manual for detailed requirements\. (6) Downstream Analysis Required. Applicant shall submit a downstream analysis. (See Mqnugl for detailed requirements!. (7) Droingge Reoort Required. IAl Applicant shall submit a Drainage Reoort that quantifies and describes all impervious surfaces on the site. including the identification of Total Impervious Area IIIAl god Effective Impervious Areas lElA). for each oroposed stormwater facility. (Bl The applicant is encouraged to meet on-site with the City Engineer prior to submittal of the Drainage Report for the purooses of verifying the conditions of the site god all receiving woterbodies. IC) The City Engineer mqy reauire the applicant to submit q modified Drainage Report if inspection or monitoring reveals that the actions undertaken pursuant to go approved Drainage Report mqy result in the actual discharge of or the potential to dischqrae a significant amount of goy pollutant as determined by the City. The City Engineer shall notify the applicant that the Drainage Report is required to be modified. The notice shall state the deadline for submission of the modified Drainage Report. which shall be established by the City Engineer based upon the severity of discharge of pollutant and the expected difficulty of determining go alternative method of reducing the discharge to the maximum extent practicable. The modified Drainage Report shall be submitted for review and approval and the revisions implemented prior to final acceptance of the facilities by the City. 8 . Operations and Maintenance Plan. An Operations and Maintenance Plan must be prepared by the applicant god. following review and approval by the City Engineer. recorded in the county in which the property/facility is located. 9. The applicant's designer shall be responsible for all stormwater system design. Site Assessment and Feasibility Analysis. Drainage Report. Operations and Maintenance Plan. gs applicable. ii. Lorge Projects limpervious area > 3.000 sq. ft.!. Projects that create new. redevelop (replace\. or both create god redevelop. impervious surface. where the sum total of affected impervious surface area is equal to or greater than 3.000 sq. ft .. shall meet the following minimum requirements and controls. 1. Requirements god controls applicable to small projects. Comply with subsection i above. Attachment B to Ordinance 2695/Page 6 of 19 2. Water Quality. Stormwater management facilities shall be designed to capture and treat 80% of the overage annual runoff volume. based on local rainfall frequency and intensity. ISee Manual for design storm informotion.l 3. Flow Control. Stormwqter management facilities shall be designed to maintain post-development peak flow rates at their pre-development (c. 1 8501 levels for the 2-year. 5-yeor. and 1 0-yeor. 24-hour runoff events. 4. NPDES 1 200C Permit. Applicant shall obtain a DEQ Construction Stormwater Permit ( 1 200-C permit\. when appropriate. e. All Drainage Reports must address all criteria required for the report. Incomplete reports will be returned to the applicant. f. Any modification of a Draingge Report shall be submitted to the City Engineer for review ond approval. The report. as modified. must comply with the requirements for the report. g. If on UIC is located on a site that does not hove DEQ UIC permit or is not qualified for rule authorization under OAR 340-44-0018. ond the applicant cannot obtain o UIC permit. the existing UIC system shall be decommissioned. Applicant shall follow DEQ's guidelines for decommissioning the UIC. iii. Maintenance Projects (impervious greg > 3.000 sq. ft.) with Additional Hydrologic Impacts. Repair or maintenance activities on structures or facilities with >3,000 sq. ft. of existing impervious surface and that result in additional offsite hydrologic impacts ore subject to the requirements for large projects in LOC 38.25.1 20() HdHiil Iabove\. 2. Exemptions from Certain Requirements. The following development and activities ore exempt from certain requirements of this Article: .a... Utilities. Maintenance. repair. or installation of underground or overhead utility facilities. e.g .. pipes. conduits and vaults. that include replacing the ground surface with in-kind material or materials with similar runoff characteristics ore exempt from flow control or water quality treatment requirements. b. Road Maintenance Activities. The following rood maintenance activities. conducted with consideration of pollution prevention practices. ore exempt from flow control or water quality treatment requirements: i. Pothole and square cut patching. ii. Overlaying existing asphalt or concrete or brick pavement with qsphalt or concrete without expanding the greg of coverage: god slurry seal. iii. Shoulder grading, iv. Reshaping or re-grading drainage ditches. v. Crack sealing. vi. Vegetation maintenance. ~ Sites that monoqe stormwoter onsite where new development produces no runoff, Developments that manage oil stormwoter onsite and produce no runoff during the flow control design events. os determined by o civil engineer registered in the State of Oregon and approved by the City Monoger. ore exempt from flow control requirements. ~ Right-of-way. Right-of -way under control of another government body where that governmental body uses BMPs consistent with its own stormwoter management program and approved NPDES Stormwgter Discharge Permit where applicable. provided the BMPs ore at least os stringent. as determined by the City Engineer. os provided in the Manual. are exempt from flow control or water quality treatment requirements. Attachment B to Ordinance 2695/Page 7 of 19 3. EXCEPTIONS. a . Grounds for Exceptions. The City Engineer may approve exceptions to the requirements of this Article when; i. The exception. as mitigated. will not increase risks in the vicinity god downstream of the site to public health. safety and welfare. or to wgter quality or quantity. or to public and private property; or ii. Where the requirement; ( 1 l Will co use harm or a significant threat of harm to public health. safety and welfare. including water quality or quantity. or harm public and private property; (2) Is not technically feasible based on design requirements of the Lake Oswego Stormwoter Management Monugl; or 13\ Cannot be met because on emergency exists. such as where there is immediate danger of landslide. damage to public or private property. or failure of a public faci lity. thqt necessitates approval of the exception; iii. The exception is only to the extent necessary to alleviate the condition in subsection ii above; iv. Mitigation in the form of offsite stormwoter control or other means may be required by the City Engineer. b. Conditions of Approval. When on exception is granted. conditions of approva l may be imposed to offset or mitigate harm that may be caused by granting the exception. or that would have been prevented if the exception hod not been granted. Ibis moy include off-site stormwater treatment or payment into a fee-in-lieu program qs allowed in LOC 38.25.170(3), c. Exception Procedure. i. Add itional information may be required. e.g .. an engineer's report or analysis. when necessary to demonstrate that the criteria ore met and the exception will not harm or result in a significant threat of harm to public health. safety and welfare. to the environment. or to public or private property. ii. Written findings of fact shall be issued with the decision. Attachment B to Ordinance 2695/Page 8 of 19 38.25.130 Construction of Permanent Public Stormwater Management Facilities. 1 . Notice of Construction Commencement. a. The applicant shall obtain a Public Improvement Permit for public infrastructure. b. Prior to the commencement of construction. the contractor shall arrange for a pre-construction meeting with the City Engineer. c. The applicant shall notify the City Engineer in advance of construction of any components of the stormwater facilities on the approved Drainage Report that ore identified by the City Engineer as "critical" in the construction permit. The City may. at its discretion. issue verbal or written authorization to proceed with critical construction steps. such os installation of permanent stormwater facilities. 2. Construction Inspection by City. A final inspection and sign off on completion by the City is required before o Certificate of Acceptance will be provided. 3. Inspection ond Certification by Stormwoter Facility Designer. The stormwoter management facility designer shall inspect god certify to the City Engineer that the facility has been constructed os designed. meets functional requirements outlined in the Drainage Report. and con be maintained in accordance with the Ooerations and Maintenance Plan. 38.25.140. Maintenance for Private Stormwater Management Facilities. 1. Puraose. This section requires periodic maintenance inspections and repairs of stormwoter facilities so that they will continue to function. 2. Maintenance Responsibility. The Responsible Party shall maintain stormwoter facilities in "good condition" as defined in the Operations and Maintenance Plan. and shall : a. Inspect the facilities os provided for in the Operations and Maintenance Plan. or as necessary to assure the facility is in working order; b. Promptly repair ond restore stormwoter management facilities; c. Maintain the stormwater management facilities and its access routes to god from the public right-of-way in accordance with the Manual. the approved Drainage Report. ond the Operations and Maintenance P.km.. 3. Requirements. The maintenance requirements for all stormwater management facilities are: a. Operations and Maintenance Plan. i. The Operations and Maintenance Plan shall be reviewed and approved by the City Engineer for all private stormwoter management facilities. ii. Ibis Pion shall contain any agreements regarding operations and maintenance of stormwoter facilities that ore required as a condition of approval. iii. The approved Operations and Maintenance Plan shall be recorded os o covenant against the property(s) obligated to operate and maintain the stormwater management facilities with the appropriate county recording officer on a legal instrument approved by the City Engineer. and shall run with the land. b. All repairs. restoration. and maintenance shall be in accordance with the Manual. the approved Drainage Report. and the recorded Operation and Maintenance Plan. c. Successors and Assignees of the Property. The applicant and successor Responsible Parties shall inform purchasers and other successors and assignees of the property of the existence of private stormwater management facilities on the site. the Drainage Report. the restrictions of the stormwoter management facilities (including design capacity. and related easements. and the requirements for inspection god maintenance of the stormwater facilities. d. Access by City. All stormwoter management facilities. whether located on private or public property. shall be reasonably accessible for City inspection. The Responsible Party shall assure inspection access by easement to the City. See LOC 38.25. 160( 1 l for easement requirements. When storm water management Attachment 8 to Ordinance 2695/Page 9 of 19 facilities gre accepted by the City for maintenance. access easements shall be provided at a width sufficient to allow access by maintenance and inspection equipment. as outlined in the current version of the Manual. assure operation and maintenance access by easement to the City. See LOC 38.25.1 60{ 1) for easement requirements. f. Transfer of Private Facilities to City: When ownership of stormwater management facilities are transferred to and accepted by the City. access easements shall be provided as described in (c) above. g. ln.s.pectjon and Maintenance. The Responsible Party shall inspect and maintain stormwater management facilities on a schedule that is stated in Operation and Maintenance Plan. i. Inspection and Maintenance Frequency: The applicant shall inspect and maintain stormwater mgnggement facilities at a frequency sufficient for the facility to operate at design capacity while in good working order. ii. More frequent inspections/maintenance: The City may require the applicant to conduct more frequent inspections and/or perform maintenance more frequently when necessary to reasonably ensure continuous working order at design capacity. e.g .. prior to full build-out of the facility catchment. when nuisance conditions are present. or following severe storm events. b. Maintenance Inspection by City. The City Engineer shall establish inspection programs to evaluate and enforce compliance with the requirements of this Article. which may include but are not limited to: i. Routine inspections: ii. Random inspections: iii. Inspections based upon complaints or other notice of possible violations: god iv. Joint inspections with other agencies inspecting under environmental or safety laws. i. Inspection of Facilities Operating Under a Certificate of Acceptance. The City Engineer shall cause or conduct periodic inspections for all stormwater management facilities for which a Certificate of Acceptance (full or partiall has been issued. All inspections shall be documented in writing. The inspection shal l document goy maintenance and repair needs and goy discrepancies from the Operation and Maintenance Plan. j. Records and Reporting of Maintenance Activities. The Responsible Party shall: i. Maintain god report to the City Engineer all records of maintenance activities and facility repair as described in the Operations and Maintenance Plan. ii. Report maintenance activities to the City Engineer on a schedule consistent with the Manual. and with the facility's approved Drainage Report and Operation and Maintenance Plan. 111. Retain the records for at least 1 0 years. These records shall be made avai lable to the City Engineer during inspection of the stormwater management facility and at other reasonable times upon request. iv. The records shall be transferred to the successor Responsible Party of the storrnwater facility. v. The records may be retained by electronic means. The Responsible Party shall provide duplicate copies of the retained records to the City Engineer upon request. 4. Failure to Provide Adequate Maintenance of Stormwater Management Facility. In the event the City Manager has reason to believe that the stormwater management facility has not been maintained pursuant to Attachment 8 to Ordinance 2695/Page 10 of 19 subsection 31gl above. or that it has become a threat to public safety. health and welfare. or water quality standards: a. The City Manager shall notify the Responsible Party by certified moil at the address shown on the most recent tax assessment roll. If the Responsible Party is an entity. notice may also be given to on officer of the entity or to its registered agent as shown by the records of the Secretory of State. The notice shall specify the suspected non-maintenance or conditions giving rise to the violation. and the measures the City Manager deems needed to comply. i. The notice shql! specify a correction period of thirty 1301 days or a time period established by the City Manager. as needed under the circumstances to correct the violation. The City Manager may require the Responsib le Party to set forth a proposed p lan of correction for review god approval. In such cgse. the correction period would extend to the perjod set forth in the plan of correction. ii. Within one-half of the correction period. the Responsible Party moy propose alternative methods to the City Manager to correct the violation. If approved by the City Manager. the alternative methods shall be carried out by the Responsible Party within the correction period. b. If corrective measures ore not completed within the correction period. then the City Manager mgy pursue enforcement procedures pursuant to this Article. or otherwise under the Lake Oswego Code. c. If corrective measures ore not completed and the stormwgter facility returned to operation as provided in the Operation and Maintenance Plan within the correction period. the City Manager moy correct a violation by entering the property and performing the necessary work. d. The City Manager may assess the Responsible Party for the cost of repair work. which shall be the personal liability of the Responsible Party. In addition. the City Manager may record a lien on the property in the Municipal Lien Docket. and shall provide notice to the owners of the liened property. The City Manager may undertake collection against the Responsible Party personally. and may also undertake foreclosure of the lien in the manner provided by Oregon low for foreclosure of mortgages. 38.25.150 ILLICIT DISCHARGES. 1. Prohibited Discharges. It is unlawful for goy Resoonsible Party to cause or allow or permit a discharge. directly or indirectly. of any pollutant into the surface water management system. private storm drainage system connected to the surface water management system. or receiving water within City limits. Ibis includes discharges as a result of on unintentional spill or deliberate dumping. A discharge is prohibited. either singly or in combination with other substances. when the discharge is: a. Causing or contributing to a violation of the City's NPDES-MS4 Permit (g copy of the Permit is available upon request of the City Engineer or at the City's surface water website: http: //www.ci.oswego.or.us /publicworks /surfgce-wgterl: or b. Causing or contributing to a violation of a waste load allocation contained in a IMDL approved bx the Environmental Protection Agency (g copy of the TMDL is available upon request of the City Engineer or at the City's surface water website: http://www.ci.oswego.or.us/publicworks/surfgce-woter); or c. Causing or contributing to a violation of a city. state. or federal law or regulation; or d. Causing or contributing to the endangerment of public health. safety or welfare. the environment. or public or private property. 2. Conditionally Exempt Discharges. a. Unless the non-stormwgter discharges outlined as allowable discharges in the City's current NPDES-MS4 permit are identified by the City gs a significant source of pollutants to Waters of the State. they ore not considered illicit discharges and ore authorized by the City's NPDES-MS4 permit. Attachment B to Ordinance 2695/Page 11 of 19 b. If any of the discharges allowed in the City's current NPDES-MS4 Permit are determined to be a source of pollutants by the City Engineer. the person causing. suffering. or permitting the discharge shall toke appropriate BMPs to moke sure the discharge of pollutants associated with the source does not cause a violation of water quality stgndards (OAR 340. Diyision 41l. an exceedance of the City's TMDL wastelood allocation. or visible alteration of surface waters. c. Acceptance of Emergency Discharges. During the period of on emergency operation. such as firefighting or a water line break. discharges ore not required to comply with the regulations of this section. Any repairs made after the period of emergency has ceased shall comply with this section. 3. Testing Discharges. When the City Monoger has reasonable cause to believe that a discharge is a prohibited discharge. the City Manager moy obtain samples of the discharge god analyze the discharge. If the discharge is prohibited. the applicant shall be liable to the City for its reasonable costs of obtaining the samples god gnglyzing the discharge. a. The City Manager max assess the reosonoble costs of obtaining the samples and analyzing the discharge. which shall be a personal liability of the person discharging the pollutant or the prohibited discharge. In addition. the City Manager moy file a lien in the Municipal Lien Docket on goy real property owned by the person within the City of Lake Oswego for the sampling god analyzing costs. Upon recording a lien. the City Monoger shall give notice to the person in the moaner provided in subsection 5(ol above of the assessment of costs god filing of the lien. The City Manager moy thereafter undertake collection against the applicant. ond moy also undertake foreclosure of the lien in the manner provided by Oregon low for foreclosure of mortgages. b. When the prohibited dischgrge is on a recurring basis. the City moy conduct. or may require the Responsible Party to conduct. onaoing monitoring at their expense. 38.25.1 60 EASEMENTS AND DEDICATIONS. 1. Inspection ond/or Operation god Maintenance Access Easement. When a public storm droinoge inspection easement and /or operation god mointenonce access easement to the City is required by LOC 38.25.140(3)(cl god fdl: a. Easement Width and Location. The easement width and location shall be os specified in the Lake Oswego Stormwoter Management Monuol or Operations and Maintenance Plan. b. Scope of Easement. The rights of the easement shall be described ejther in the easement instrument itself or by separate recorded memorandum of easement. i.e .. when on easement js shown on a plat but a description of the rights of the easement does not oppeor on the plat. c. Approval god Acceptance of Easement before Recording or Filing. The easement or memorandum of easement shall be in a form os specified in Engineering Division documents ond approved ond accepted by the City Engineer before it is recorded or filed. d. Dedication of Easement on Subdivision or Partition Plat. For subdiyisions god partition applications. the easement shall be dedicated to the City on the subdivision or partition plot. A separate memorandum of easement describing the scope of easement shall be recorded with the county recording officer for the county where the site is located. e. Dedication of Easement by Instrument. When the easement is required at a time other than at the creation of a subdivision or partition. the owner of the property shall dedicate the easement to the City by easement instrument. The owner shall record it with the county recording officer for the county where the site is located. f. Evidence of Recording: Priority. The Citv Engineer may require the applicant or owner of the property to provide evidence that the easement wos validly recorded god is not inferior to ony prior interest or encumbrance on the property. 2. Dedication of Stormwater Management Facilities. The applicant proposing q stormwoter facility required by this Code. or a Responsible Party. moy offer for dedication goy such stormwoter facility. together Attachment 8 to Ordinance 2695/Page 12 of 19 with such egsements. appurtenances. and other interests as max be reasonably necessary for the operation and maintenance of the facility. as provided herein; a. Preliminary Determination by City. Upon receipt of an offer of dedication the City Engineer shall make a orelimincry determination whether the dedication of the facility is appropriate in order to protect the public health. safety and general welfare. and furthers the goals of City's stormwqter management program god /or associated watershed plans. Prior to making its determination. the City Engineer shall inspect the facility to determine whether it bas been properly maintained and is in good repair. The City Engineer shall forward the determination to City Council. b. Acceptance by City Council. City Council may accept the offer of dedication by adoption of a resolution. The document dedicating the stormwater facility shall be recorded with the County recording official in the county where the site is located. c. Owner to Provide Documentation. The applicant I Responsible Party. qt proposer's sole expense. shall provide goy document or information requested by the City Engineer or the City Council. in order for a decision to be reached on accepting the facility. 38.25.170 FINANCIAL SECURITIES, FEES, AND FEE-IN-LIEU. 1. Financial Security Obligations for Public Stormwqter Facilities. a. Construction. Public stormwqter facilities qre subject to the public improvement construction financial security conditions in the Community Deyelopment Code (LOC 50.07.003,9.il. The security deposit posted shall be released in full only upon submission of "as built pions" and issuance of the City's Certificate of Acceptance. The City will make a final inspection of the facility to ensure that it is in compliance with the approved pion and the provisions of this Code before the Certificate of Acceptance will be issued and security deposit released. Provisions for a partial pro-rata release of the construction security based on the completion of various development stages and issuance of a partial Certificate of Acceptance is at the discretion of the City. b. Maintenance. A maintenance security shall be posted by the applicant upon completion of public fgcility construction. in order to ensure that the facility is maintained in accordance with the Ooeration and Maintenance Pion. pursuant to LOC 50.07.003.9.ii. The City will make a 1 yeor public infrastructure inspection to ensure thgt it complies with the Operation ond Mointenonce Plan before releasing the maintenance security. 2. Fees. The City may require q fee for deyelopment plan review and inspection. to be allocated to the Engineering Division. If required. each applicant seeking approval of a Drainage Report shall pay a fee upon submittal of the app lication. and shall poy a fee for each inspection (see the City's current Master Fees and Charges). 3. Fee-in-Lieu Payment. Pursuant to LOC 38.25.120(3), and following adoption by resolution of a fee schedule by the City Council. an applicant may pay a fee-in-lieu as a manner of mitigating an approved exception. The fee shall be used for projects approved by the City Engineer that mitigate impacts of stormwoter discharges. Attachment 8 to Ordinance 2695/Page 13 of 19 38.25.180 ENFORCEMENT AND PENAL TIES. 1. Violations. Any act or failure to act that violates this Article. the requirements of go approved Drainage Report. the requirements of construction permit for public stormwoter management facility. or the requirements of an Operation and Mgintenance Plan. may be subject to enforcement. Classification of major and minor violations often depends on particular circumstances that shall be assessed using the best professional judgment of the City Manager. In general the following definitions and general violation/activity of concern lists should be used: a. Minor Violation. This category includes violations that have a de m1mmus impact on the environment or ore administrative in nature. Minor violations include reportiog,qenerol site or facility maintenance. discharges not listed in subsection b(il below. record keeping. or other activities when there is ample time for correction without negatively impacting the environment. Minor violations shall not deemed to be of a continuing nature under LOC 13.02.020 during the period of issuance of a citation until the citation is adjudicated in municipal court. An additional citation may be issued following entry of judgment by the municipal court. regardless whether go appeal is taken by the defendant .QL..fiQL b. Major Violation. Major violations ore those violations that are not minor violations. including non-conformance with the Drainage Report. Operations and Maintenance Plan or permit submittal. stormwgter facility maintenance during wet weather periods. Iorge volume or harmful discharges. or other activities causing harm to the surrounding environment. Mgjor violations also include activities yiolgting the discharge prohibitions of LOC 38.25.150. where the following circumstances ore present: i. Nature of Discharging Material. Any materials meeting the discharge prohibitions of LOC 38.25.1 50 due to one or more of the following: A. Visible sheen: B. pH of <6.0 or >9.0; C. Toxic chemicals; or D. Visible discoloration. ii. Presence of Wet Weather Conditions. Discharge when storm runoff is occurring at the site or in receiying waters. or within 24 hours of the cessation of runoff. 111. Presence of Steep Slopes. Discharge on to a steep slope lovergge slope of 25% or more. when measured from the front lot line to the most distant point of the building\. iv. Proximity to Designated Resource Areas. Within 50 feet of Waters of the State. active springs god seeps. stormwgter management facilities. wellhead protection oreos. open space tracts (gregs set aside for public or private open spacel. and properties with a Sensitive lands overlay district or conservation easement. (See LOC 38.25.1 20(] lldlli\13) for example of method of measurement). v. Site Disturbance oyer 1 0.000 sq. ft. vi. Clear god imminent danger to human health or the environment. Spills of toxic or otherwise hazardous materials that present on immediate threat to human health or the environment. Major violations may be deemed to be a continuing violation under LOC 1 3.02.020 following the issuance of the initial citation and continuing each day thereafter until the violation is remedied. 2. Notice of Violation. If the City Manager determines that on applicant. other Responsible Party. or other person has foiled to comply with this Article. the terms god conditions of a stormwoter-relgted permit (e.g .. development permit. NPDES-MS4. UIC. Erosion Control), go approved Drainage Report. or go Operation and Maintenance Plgn. the City Manager shall issue a written notice of violation to such person. Where a person is engaged in activity that requires a stormwoter-reloted permit. without having first secured a permit. the notice of violation shall be served on the owner or the person in charge of the activity being conducted on the site. The notice of violation shall include: Attachment 8 to Ordinance 2695/Page 14 of 19 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: and c. A statement specifying the nature of the violation: d . A description of the remedial measures necessary to bring the get or failure to get into compliance with this Article. a permit. an approved Drainage Report. an Operation and Maintenance Plan. and the correction period date: e. A statement of the penalties that may be assessed: and f. A statement of other enforcement action that may occur. 3. Penalties. Any one or more of the following actions or penalties may be tqken or assessed against the person to whom the notice of violation was directed: a. Stop Work Order. The Building Official may issue a stop work order for goy discharge of a pollutant or unpermitted discharge that arises from the work authorized under a building permit. The stop work order shall be issued in the manner provided in the Building Code. The stop work order shall 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 Building Official to enable the necessary remedial measures. b. Withhold Certificate of Occupancy. The Building Official may withhold issuance of a certificate of occupancy for any building or other improvements constructed on the site upon which a discharge of a pollutant or unpermitted discharge arises from the work authorized under a building permit. until the remedial measures set forth in the Notice of Violation have been completed. or the violations have been otherwise cured. c. Suspension. Revocation. or Modification of Permit. The Planning Director may suspend....ct..p_ermit authorizing a land development project. A suspended permit may be reinstated after the remedial measures set forth in the Notice of Violation have been completed. or the violations have been otherwise cured. d. Civil Penalties. Violation of the listed acts in this article shall be subject to a fine of the amount stated for violations pursuant to LOC 1 3.02.020. 4. Failure to Complete Remedial Measures. In the event the applicant. Responsible Party. or other person fails to take the remedial measures set forth in the notice of violation. the City may issue a citation for each day the violation remains unremedied after receipt of the notice of violation. consistent wjth LOC 13.02.020. 5. Evidence of Violation . Proof of a violation of this Article shall be deemed prima facie evidence that such violation is that of the owner of the property upon which the unlawful discharge originated. Prosecution. or lack thereof. of the owner of the property. the occupant. o r other person in possession or control of property shall not be deemed to relieve any other responsible person. 6. Violations: Abatement: Injunction. a . A violation of any provision of this Article is a civil violation and shall be enforced pursuant to the provisions of LOC 34.04.101 to 34.04.1 45. Eoch day that the violation exists shall constitute o separate violation. b. Any discharge of a pollutant that occurs contrary to the provisions of this Code or unpermitted discharge is hereby declared to be unlawful ond a public nuisance. and moy be abated pursuant to LOC 34.08.400 to 34.08.490. c. Upon request of the City Manoger. the City Attorney may institute an appropriate action in ony court to enjoin the discharge which is in violation of goy provision of this Article. d . The rights. remedies and penalties provided in this Code ore cumulative. are not mutually exclusive. ond ore in addition to ony other rights. remedies and penalties available to the City under any other proyisions of law. Attachment B to Ordinance 2695/Page 15 of 19 38.25.190 DEFINITIONS. Applicant. The party submitting a development application. Best Management Practice lBMPl. The schedule of activities. controls. prohibition of practices. maintenance procedures and other management practices designed to prevent or reduce pollution. BMPs also jnclude treatment requirements. operating procedures and practices to control stormwater runoff, Certificate of Acceptance. Certificate stating that private construction of public stormwater facility bas been accepted for transfer of ownership to City. The Certificate is issued following completion of construction in accordance with code requirements. and with City-approved construction plans and specifications. City Engineer. The person holding the position of City Engineer of the City of lake Oswego or designee of the City Engineer. City Manager. The person holding the position of City Manager or any officer or employee of the City of lake Oswego. Design Capacity, The flow volume or rete that a stormwgter management facility is designed to safely contain. receive. convey. reduce pollutants from. or infiltrate to meet a specific performance standard. Development. Any manmade change to unimproved reel property. including. but not limited to. construction. installation or alteration of a building or other structure. change of use. lend division. establishment or termination of a right of access. storage on the land. grading. clearing. removal or placement of soil. paving. dredging. filling. excavation. drilling or removal of trees. Discharge. When used without quglificgtion. means the "discharge of a pollutant." Discharge of a pollutant means addition of goy "pollutant" or combination of pollutants to the public stormwoter management system and other receiving waters from any point source. including but not limited to the placement of wastes into public waters. on land. or otherwise into the environment in a manner that affects or mgy tend to effect the quality of public waters. Effective Impervious Area CEIAl. Are impervious surfaces that ore connected via sheet flow or discrete conveyance to a drainage system. Equivalent Service Unit CESUl. The nominql allowance for effective impervious surface per sing le family residence (see Master Fees and Charges Resolution). Green Infrastructure. Stormwoter facilities that require vegetation as a functional component. Groundwater. Subsurface wgter that occurs in soils end geological formations that ore fully saturated. Groundwater fluctuates seasonally and includes perched groundwater. Illicit Discharge. Any discharge to a municipal separate storm sewer system that is not composed entirely of stormwater except discharges authorized under Section A.4,o,xii of the City's 2012-2017 National Pollutant Discharge Elimination System-Municipal Sepgrgte Storm Sewer System INPDES-MS4l Permit. Low Impact Development CLIO). An engineering design approach to managing storm water runoff. Low Impact Development emphasizes conservation end use of on-site natural features to protect water quality, This approach implements engineering small-scale hydrologic controls to replicate the pre-development hydrologic regime or condition of watersheds through infiltrating. filtering. storing. evaporation god detaining runoff close to its source. Maintenance. See definition of Maintenance in LOC 50.1 0.003.2. Attachment B to Ordinance 2695/Page 16 of 19 Municipal Separate Storm Sewer System lMS4). A conveyance or system of conyeyances including roads with drainage systems. municipal streets. catch basins. curbs. gutter. ditches. manmade channels. or storm drains that is owned or operated by a state. city. county. district. association. or other public body; is designed or used for collecting or conveying storm water. and is not a combined sewer or part of a Publicly Owned Treatment Works as defined in 40 CFR Sec. 1 22.2. National Pollutant Discharae Elimination System lNPDES-MS4) Permit. A waste discharge permit issued in accordance with the National Pollutant Discharge Elimination System authorized by the Federal Act and OAR chapter 340. Division 045. A copy of the Permit is available upon request of the City Engineer or at the City's surface water website; http; //www.ci.oswego.or.us/publicworks/surfgce-water. Pollutant. Any substance. as certain chemicals or waste products. that renders the air. soil. water. or other natural resource harmful or unsuitable for a specific beneficial puroose. Pollution. "Pollution" or "water pollution" means such alteration of the physical. chemical or biological properties of any waters of the state. including change in temperature. taste. color. turbidity. silt or odor of the waters. or such discharge of any liquid. gaseous. solid. radioactive or other substance into any waters of the state. which will or tends to. either by itself or in connection with goy other substance. creqte a public nuisance or which will or tends to render such waters harmful. detrimental or injurious to public heglth. safety or welfare. or to domestic. commercial. industrial. gariculturgl. recreational or other legitimate beneficial uses or to livestock. wildlife. fish or other aquatic life or the habitat thereof. Prohibited Discharge. Prohibited discharges include discharge of pollutants or other material that is not explicitly jdentified as authorized discharges per the City's NPDES-MS4 Permit to the surface water management system. including the public stormwgter management system. Public Nuisance. Nuisance conditions include improper function resulting in uncontrolled runoff and overflow; stagnant water with concomitant olgge growth. insect breeding. and odors; discorded debris; and safety hazards created by the stormwgter management facility's operation. Prima facie Evidence. A Latin expression ("prima facie") used in modern legal English to signify that on first examination. a matter appears to be self-evident from the facts. In common law jurisdictions. prima facie denotes evidence that - unless rebutted - would be sufficient to prove a particular proposition or fact. Receivina Water. A receiving water is the ultimate destination for stormwgter leaving a particular site. Virtually all receiving waters ore Waters of the State. and include "lakes. boys. ponds. impounding reservoirs. springs. wells. rivers. streams. creeks. estuaries. marshes. inlets. canals. the Pacific Ocean within the territorial limits of the State of Oregon. and all other bodies of surface or underground waters. ngturgl or artificial. inland or coastal. fresh or salt. public or private (except those private waters that do not combine or effect a junction with ngturql surface or underground waters) that gre located wholly or partially within or bordering the state or within its jurjsdjction." IORS 4688.005{ 1 Oll. Redevelopment. A project on a previously developed site that results in the addition or replacement of impervious surface. Remedial measures. Corrective measures employed to remedy. reverse or stop damage or violation of the surface water utility code or to the surface water management system. Replace or Replacement. The removal of go impervious surface that exposes soil followed by the placement of go impervious surface. Responsible Party. The property owner!sl of the site upon which the stormwgter facility was designed to members of the association. partnership - partners; corooration - shareholders. LLC - members of the LLC. The Operations god Maintenance Plan shall list the responsible porty{s) of the stormwgter management facility. The obligations of a Responsible Partv shall transfer to the successors /purchasers of the site. For violations of or failure to comply with LOC Article 38.25. Responsible Party includes; • An owner of a building or property where a violation or failure to comply bas occurred. the person in charge of the building or property. the violator or the person failing to comply with the Code . .and • Where a person commits a violation and the person works for a contractor. either as an employee. subcontractor. or independent contractor. the contractor god /or other employer; • god any manager. or person in charge of the person or property. Attachment B to Ordinance 2695/Page 17 of 19 Storm Drain. A man-made pipe or inlet to the City's surface water management system that transports storm water. Stormwater. Stormwater is water that originates during precipitation events. The word stormwater may g lso be used to apply to water that originates with snowmelt that enters the stormwoter system. Stormwater (one word) and storm water (two words) ore considered identical in use ond definition b y the City. The City prefers the spelling "stormwoter". Stormwater Management Facilities. A designed facility intended to collect or convey stormwgter runoff. reduce pollutants from stormwater. and reduce hydrologic impacts associated with stormwoter by detaining or infiltrating stormwoter to the maximum extent practicable. Stormwater facilities should be constructed in such a manner that they ore not Waters of the State or Waters of the US. Stormwater Runoff. Stormwoter that does not sogk into the ground becomes surface runoff. which either flows directly into surface waterways or is channeled into storm sewers. which eyentuolly discharge to surface waters. Surface Water Management Utility. The surface woter management utility is the entity that pions. designs. constructs. mainta ins. administe rs. ond operates all City surface water conveyances god facilities. god the regulations for facility control. The surface water management utility also establishes standards for design ond construction. Surface Water Management System. Includes oil noturol ond moo-mode facilities utilized by the Surface Water Utility to regulate the quantity god quality of surface water. including drainage easements. culverts. storm drains. roadside ditches. cotcb basins. stream corridors. rivers. ponds. wetlands ond impoundments. The Stormwoter Management System is on engineered or built subset of the Surface Water Management System designed to convey or treat storm runoff. Total Impervious Area CJIAl. Any surface created by humans that cannot be penetrated by water easily or effectively. thereby resulting in stormwoter runoff. Examples of TlA include pavement (interlocking pavers, asphalt. concrete. etc.). buildings. driveways. parking lots god sidewalks. Total Maximum Daily Load (!MDL). Total maximum doily loads ore developed for "water quality limited" or "impaired" water bodies by the Oregon Department of Environmental Quolity in accordance with Oregon Administrative Rule 340-042-0040. which defines bow much of on identified pollutant a specified woterbody con receive god still meet wgter quality standards. A copy of the TMDL documents ore available upon request of the City Engineer or at the City's surface water website; bttp; //www.ci.oswego.or.us/publicworks /surfoce-woterl. Watercourse. A stream of wgter; a river or creek or brook or noturol channel for water; also. a conol for the conveyance of water. especially in draining lands. Watercourses moy include reaches ponded by noturol or manmade actions provided a watercourse either enters or exits from such a pond. Waters of the State. Lakes. boys. ponds. impounding reservoirs. streams. creeks. estuaries. marshes. inlets. conols. the Pacific Ocean within the territorial limits of the State of Oregon. and all other bodies of surfgce or underground waters. natural or artificial. inland or coastal. fresh or salt. public or private (except those private waters that do not combine or effect a junction with naturg l surface or underground waters) that ore whollx or partially within or bordering the state or within its jurisdiction fOAR 340-045-001 OJ. Attachment B to Ordinance 2695/Page 18 of 19 Sections: 38.26.905 38.26.910 38.26.915 38.26.920 38.26.925 38.26.930 38.26.935 **** Waste. Damage. Tampering. Article 38.26 Violation of Utility Code. Surface Water-Sewer Connection Prohibited. Disposal of Septic Waste into City System Prohibited. Prohibited Conduct. Code Violation a Civil Violation. 38.26.930 Prohibited Conduct. 1. l>~e ~erseA shall d1:1m~ er discharge debris, seil, ~ellt:JtaAh s1:1eh as f~:~els, l~:~brieaFtts, bit~:~meAs, sewage, ~eiAt aAd ether hermf1:1l er haz:arde1:1s materiels iAte the s1:1rfeee water meRegemeAt S)'Stem. ,L. No person shall discharge place, deposit, dump or otherwise contribute a solid or liquid material into the public surface water system, either directly or indirectly, which may obstruct flow or otherwise interfere with the operation or function of the public surface water management facility. This shall include, but is not limited to, placing of rock or soil without an approved fill permit, or the dumping of debris, rubbish, trash or other waste material. ~· Violation of this section is punishable by a fine of not more than $5,000. Violation of this section a second or subsequent time within a 24-month period is punishable by a fine of not less than $1,500 and not more than $5,000. **** Attachment B to Ordinance 2695/Page 19 of 19 1 2 3 BEFORE THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO LU 15-0050 CITY OF LAKE OSWEGO ATTACHMENT C ORDINANCE 2695 A REQUEST FOR AMENDMENTS TO LOC 4 CHAPTERS 38 AND 50 RELATED TO STORMWATER MANAGEMENT FINDINGS & CONCLUSIONS 5 6 7 NATURE OF PROCEEDINGS 8 Th is matter came before the Lake Oswego City Council on the recommendation of the 9 Planning Commission for legislative amendments to LOC Chapter 38, Utility Code, and the 10 Community Development Code, Chapter 50, to meet the requirements of the City's National 11 Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) 12 Permit, and to improve stormwater management practices in development and redevelopment 13 in the City. 14 HEARINGS 15 The Planning Commission held a public hearing and considered this application at its 16 meetings of November 23, 2015, and December 14, 2015. The City Council held a public 17 hearing to consider the Planning Commission's recommendation on February 2, 2016. 18 CRITERIA AND STANDARDS 19 A. City of Lake Oswego Comprehensive Plan (2013): 20 Land Use Planning Chapter Policy A-la, e; A-2a, c; A-6; and A-7 21 Policy B-2, B-3, B-4, B-7 and B-10e Policy C-1b and C-4 22 Policy D-1 23 Community Culture Chapter, Civic Engagement Section Policies 1-5, 8-9 24 Community Health and Public Safety Chapter, Public Facilities and Services: Surface 25 Water Management Section 26 Policies 1-9 Page 1- FINDINGS & CONCLUSIONS (LU 15-0050) DAVID D. POWELL LAKE OSWEGO CITY ATIORNEY'S OFFICE PO BOX 369 I 380 A AVENUE LAKE OSWEGO, OREGON 97034 503.635.0225 I 503.699.7453 (F) 1 2 3 4 5 6 7 8 B. 9 10 11 12 13 14 15 16 c. 17 18 D. 19 20 21 Open Spaces, Scenic and Natural Resources Chapter (Goal 5) : Section 1, Fish & Wildlife Habitat- Replaced with new Healthy Ecosystems chapter Open Spaces, Scenic and Natural Resources Chapter (Goal 5) : Section 2, Vegetation- Replaced with new Healthy Ecosystems chapter Open Spaces, Scenic and Natural Resources Chapter (Goal 5): Section 3, Wetlands- Replaced with new Healthy Ecosystems chapter Open Spaces, Scenic and Natural Resources Chapter (Goal 5) : Section 4, Stream Corridors- Replaced with new Healthy Ecosystems chapter Open Spaces, Scenic and Natural Resources Chapter (Goal 5): Section 7, Oswego Lake- Replaced with new Healthy Ecosystems chapter Lake Oswego Comprehensive Plan (2015 Amendments*) : (*Adopted December 15, 2015, effective January 14, 2016) Proposed Healthy Ecosystems Chapter, Goal 5 Resources Section Policies 1-9, 11 Proposed Healthy Ecosystems Chapter, Urban Forest and Vegetation Section Policies 4-6 Proposed Healthy Ecosystems Chapter, Oswego Lake Section Policies 2c, d and 4 Proposed Healthy Ecosystems Chapter, Willamette River Greenway Section Policy 5 Metro Urban Growth Management Functional Plan Title 3: Water Quality and Flood Management, Metro Code Sections 3.07.330 and 3.07.340 City of Lake Oswego Community Development Code LOC 50.07.003b Criteria fo r Legislative Decisions LOC 50.75.005 Legislative Decisions Defined LOC 50.75.015 Required Notice to DLCD LOC 50.75.020 Planning Commission Recommendation Required LOC SO. 75.025 City Council Review and Decision 22 FINDINGS AND REASONS 23 The City Council incorporates the Council Reports dated January 22, 2016 and January 24 12, 2016, the Staff Report dated November 13, 2015 and Supplemental Staff Report dated 25 December 4, 2015, each with all exhibits, as well as the Findings, Conclusions and Order of the 26 Planning Commission, as support for the City Council's decision, supplemented by the further Page 2- FINDINGS & CONCLUSIONS (LU 15-0050) DAVID D. POWELL LAKE OSWEGO CiTY ATTORNEY'S OFFICE PO BOX 369 I 380 A AVENUE LAKE OSWEGO, OREGON 97034 503.635.0225 I 503.699.7453 (F) 1 findings and conclusions that follow. In the event of any inconsistency between the City 2 Council's supplemental findings and the incorporated materials, the supplemental findings 3 control. 4 Following are the supplemental findings and conclusions of this Council : 5 The City Council received testimony citing expenses that likely would be incurred for a 6 500 square foot roof replacement, including costs for infiltration tests, civil engineering, and 7 implementation of stormwater facilities, all of which were described as excessively expensive 8 for such a modest improvement. However, the original proposal for a 500 square foot 9 threshold has been modified. The currently-proposed code requirements as recommended by 10 the Planning Commission wou ld apply to creation of new impervious surfaces equal to or 11 greater than 1,000 square feet, and to replacement of existing impervious surfaces equal to or 12 greater than 3,000 square feet. The Council also notes that "replacement" under the proposed 13 regulations means the removal of an impervious surface that exposes soil prior to installing 14 another impervious surface. As a result, the expenses described in the testimony would not be 15 incurred for the type of project described. 16 The City Council also heard testimony from the Birdshill Neighborhood Association Chair 17 ascribing recent flooding in the Fielding Road area to a lack of communication, coordination 18 and responsiveness among multiple agencies over the course of many years. The Chair testified 19 that the proposed stormwater manual may be an improvement, but that it had not been 20 "publicly vetted enough" to conclude that it will successful ly address problems such as the one 21 described, and therefore the proposal should not be adopted. The City Counci l finds that the 22 multiple public hearings and other opportunities for public input, as outlined in the 23 incorporated materials, has been sufficient, and that the record establishes that the proposed 24 Code amendments and stormwater manual will significantly improve stormwater management 25 in the City. 26 Supportive testimony included comments that the proposed Code amendments and Page 3- FINDINGS & CONCLUSIONS {LU 15-0050) DAVID D. POWELL lAKE OsWEGO CITY ATIORNEv'S OFFICE PO BOX 369 I 380 A AVENUE LAKE OSWEGO, OREGON 97034 503.635.0225 I 503.699.7453 jF) 1 manual were prudent ways to approach the issues, even if not perfect or optimal, as well as a 2 statement that the recommended regulations are a "powerful tool" to enhance the City's 3 watersheds. 4 Based upon the evidence in the record, the City Council finds that LU 15-0050, as 5 recommended by the Planning Commission, is an appropriate and reasonable way to meet the 6 requirements of the City's NPDES MS4 permit, to enhance and preserve water quality, and to 7 improve stormwater management practices in the City. The City Council finds that LU 15-0050 8 balances the interests of property owners while maximizing the public benefit derived through 9 stormwater management. 10 CONCLUSION 11 The City Council concludes that LU 15-0050, as recommended by the Planning 12 Commission, complies with all applicable criteria and should be approved. The Council also 13 concludes that proposed Ordinance 2695, which implements LU 15-0050, should be enacted. 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 4 - FINDINGS & CONCLUSIONS (LU 15-0050) DAVID D. POWELL lAKE OSWEGO CiTY ATTORNEv'S OFFICE PO BOX 369 I 380 A AVENUE LAKE OSWEGO, OREGON 97034 503.635.0225 I 503.699.7453 (F)