Access road means a road within one mile of a construction site, designated on an approved construction plan and used during site clearing, grading and construction for the transport of equipment, hauling of fill, and other equivalent vehicular traffic to and from the construction site.

Approval authority means the respective City Department/Division that approves the required permit or measure. This could include the Community Development Director, City Engineer, or the Public Works Director or his/her designees.

Areas of special interest (ASI) means river corridor and upland areas of special interest as described in BDC 2.7.630 and 2.7.700.

Bedrock means naturally occurring solid rock.

Berm means a mound, small rise or hill that is used for landscaping or visual screening purposes.

Best management practice (BMP) means a technique, activity, maintenance procedure, structural and/or managerial practice, and/or prohibition of a practice that, when used singly or in combination in a designated manner, is proven to be effective in preventing or reducing the release of pollutants and other adverse impacts to downstream or down-gradient systems. BMPs include, but are not limited to, those listed in the COSM.

Blasting means any activity entailing the use of explosives for the purpose of producing an explosion to demolish structures or to fragment rock for mining, quarrying, excavation and construction.

Blasting performance standards mean measures intended to provide a minimum threshold for controlling stormwater pollution associated with blasting activity, and are used to determine if the requirements in this title have been met (see BC 16.10.090).

Brushing means the selective removal of vegetation.

Building footprint means the outline of a building, as measured around its foundation.

Central Oregon Stormwater Manual (COSM) means the most current version of the stormwater design guidance manual and any City of Bend-specific supplements.

City means City of Bend, Oregon.

Clearing and grading performance standards mean measures intended to provide a minimum threshold for controlling stormwater pollution associated with clearing and grading activity, and are used to determine if the requirements in this title have been met (see BC 16.10.070(A)).

Clearing, grading, and erosion control permit (permit) means a permit that is issued for construction, demolition, and site development for improvements related to all land divisions, multifamily developments, and commercial, industrial, and institutional sites (see BC 16.10.020(A)).

Construction activity means any activity occurring in the furtherance of a construction project, including, but not limited to, land disturbing activities; hauling of soil and rock; handling of building materials; concrete, stone and tile cutting; and operation of motorized machinery and motor vehicles on the site or on any access routes to the construction site.

Cut and fill performance standards mean measures intended to provide a minimum threshold for controlling stormwater pollution associated with cut and fill activity, and are used to determine if the requirements in this title have been met (see BC 16.10.070(B)).

DBH (dbh) means the diameter at breast height, which is a measurement of tree diameter taken between four and five feet from natural ground level.

Detention means the process of collecting and holding surface and stormwater runoff temporarily in a designed facility such as a pond.

Detention facility means an above ground or below ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system.

Development. See definition in BDC Chapter 1.2.

Development approval means written consent from the approval authority.

Discharge means any addition or introduction of any pollutant, surface runoff, or any other substance whatsoever into the municipal storm sewer system, a dry well, drill hole or into waters of the State.

Discharger means any person who causes, allows, permits or is otherwise responsible for a discharge including, without limitation, any operator of a construction site or commercial/industrial facility.

Drainage submittal means the submittal of documentation including narrative, basin maps, plans, calculations and other supporting documentation to demonstrate that the proposed project will adequately treat and dispose of the stormwater (see BC 16.15.010 and COSM Chapter 3).

Drip-line means an imaginary line around a tree or shrub at a distance from the trunk equivalent to the canopy (leaf and branch) spread.

Earth material means any rock, natural soil or fill, and/or any combination of those materials.

Equivalent residential unit (ERU) means a configuration of development or impervious surface estimated to contribute an amount of runoff to the City’s stormwater system that is approximately equal to that created by the average developed single-family residence. One ERU is equal to 3,800 square feet of impervious surface area. All single-family residences are one ERU, regardless of impervious surface area.

Erosion means the progressive detachment and removal of particles, including soil and rock fragments, from the earth’s surface by means of water, wind, ice, gravity or mechanical processes, including vehicular traffic.

Erosion and sediment control (ESC) measures are those best management practices that when implemented correctly help prevent soils from moving and eroded sediment from leaving a site.

Erosion and sediment control (ESC) performance standards mean measures intended to provide a minimum threshold for controlling stormwater pollution associated with erosion and sediment control activity, and are used to determine if the requirements in this title have been met (see BC 16.10.080).

Erosion and sediment control (ESC) plan means a specific plan prepared by or under the direction of a Oregon licensed professional engineer or other certified professional as authorized by the City Engineer that includes a specific set of best management practices and construction sequencing that are designed to control surface runoff and erosion, and to retain sediment on a site both before, during and after development. For the purposes of this title, an ESC plan shall be prepared in accordance with the COSM.

ERU means equivalent residential unit.

ESC means erosion and sediment control.

Good housekeeping practice means a BMP related to the transfer, storage, use, or cleanup of materials performed in a regular manner that minimizes the discharge of pollutants to the storm drain system and/or receiving waters.

Grade means the vertical location of the ground surface. Existing grade means the existing condition of the elevation of the ground surface or the natural grade prior to grading, placement of fill, or the excavation or removal of earth from the site. Rough grade means the stage at which the grade substantially conforms, in an unfinished state, to an approved clearing and grading sketch or plan. Finished grade means the final grade of the site after all clearing and grading has been completed that conforms to an approved clearing and grading sketch or plan. For sloping sites exceeding 12 percent slope, the finished grade shall not exceed four feet above or below the existing grade, unless the finished grade has been set through a site map and grading plan as specified in this title and approved by the City.

Grading means land disturbance including excavation or filling of earth materials or any combination thereof, including the land in its excavated or filled condition.

Grading plan means a document that defines and describes what activities will take place in clearing and grading a site, typically in preparation for development.

Ground cover means a plant material or non-plant organic material (e.g., mulch, bark chips/dust) that is used to cover bare ground.

Grubbing means the removal of trees and other large plants by their roots.

IBC means International Building Code.

Illicit discharge means any discharge to a catch basin, surface water body, dry well or drill hole that is not composed entirely of stormwater, except conditionally exempt discharges pursuant to a NPDES permit or WPCF permit or rule authorization requirement specific to the inlet, discharges resulting from firefighting activities, or other exempt discharges as outlined in BC Chapter 16.20.

Illicit Discharge Manual means City of Bend Illicit Discharge Minimization Best Management Practices Manual.

Illicit drainage connection means any physical connection to a publicly maintained storm drain system composed of nonstormwater that has not been permitted by the public entity responsible for the operation and maintenance of the system.

Impervious surface means a hard surface area that either prevents or retards the entry of water into the soil mantle. Common impervious surfaces include building roofs, walkways, patios, driveways, parking lots, concrete or asphalt paving, gravel roads, and packed earthen materials.

Infiltration means the passage of water through the soil surface into the underlying geologic material.

Land disturbance and land disturbing activities mean moving or removal of earth material or significant removal of vegetation (e.g., clear-cutting) by manual or mechanical means that results in a denuded landscape that could result in significant erosion problems.

Limited clearing and grading mean clearing and grading resulting in only minor land disturbing activity.

Low impact development (LID) means a stormwater management strategy that emphasizes conservation and use of existing natural site features integrated with distributed, small-scale stormwater controls to more closely mimic natural hydrologic patterns and prevent, reduce and treat runoff and pollutant loadings as close to the source as possible in residential, commercial, and industrial settings.

Minor land disturbing activities mean those activities that are equivalent to or less than:

Mitigation means measures undertaken to rectify, repair, rehabilitate, restore and/or compensate for negative impacts that result from other actions.

MS4 means a municipal separate storm sewer system that is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curb, gutters, ditches, manmade channels, or storm drains) owned or operated by a public body (created under State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes that discharge to the waters of the United States and which are not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.

National Pollutant Discharge Elimination System (NPDES) permit means a stormwater discharge permit issued by the U.S. EPA, Region X, in compliance with the Federal Clean Water Act and its amendments, for the discharge of pollutants into the waters of the United States as defined in 40 CFR 122.2.

Native vegetation means plants commonly found growing in, and adapted to, Central Oregon soils and climate.

Nonstormwater discharge means any discharge to the storm drain system or receiving waters that is not entirely composed of stormwater or melted snow and ice.

NOV means notice of violation.

NRCS means Natural Resource Conservation Service.

OAR means Oregon Administrative Rules.

ODEQ means Oregon Department of Environmental Quality.

ORS means Oregon Revised Statutes.

P.E. means professional engineer in the State of Oregon.

Performance standards mean provisions of this title intended to provide a minimum threshold for controlling stormwater pollution in the subject area, and are used to determine if the requirements of the section have been met. (See BC 16.10.070 through 16.10.100 and 16.15.040.)

Perimeter control means any barrier that prevents sediment from leaving a site, either by filtering sediment-laden runoff or by diverting runoff to a sediment trap or basin.

Permit means a clearing, grading and erosion control permit.

Person responsible means the occupant, lessee, tenant, contract purchaser, owner, agent or other person having possession of property, or if no person is in possession, then the person in control of the use of the property, or in control of the supervision of development on the property.

Phasing means clearing a parcel of land in distinct phases, and stabilizing each phase using erosion and sediment control measures, before clearing the next phase.

Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, sewage sludge, garbage, munitions, oils and grease, paints, solvents, fertilizers, pesticides, other chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, concrete washout, rock, sand, dirt, and industrial, municipal, and agricultural waste discharged into water, and as otherwise defined in 40 CFR 122.2.

Pollution prevention means implementing one or a series of BMPs to prevent pollutants of any kind from entering the storm drainage system including drainage to a surface waterbody, a dry well or a drill hole.

Pollution source control plan means a plan that addresses the prevention and/or control of stormwater pollutants at their source.

Post-construction performance standards mean measures intended to provide a minimum threshold for controlling stormwater pollution associated with post-construction activity, and are used to determine if the requirements in this title have been met (see BC 16.15.040(A)).

POTW means publicly owned treatment works.

Predevelopment means the natural condition before any type of development.

Redevelopment means a project for which a building permit is required that proposes to add, replace and/or alter impervious surfaces, other than routine maintenance, resurfacing, or repair.

Retaining wall means a wall designed to resist the lateral displacement of soil or other material, as defined in the current International Building Code (IBC).

Retention means the process of collecting and holding surface and stormwater runoff with no surface outflow.

Revegetation means placement of living plant material on sites or excavation and fill slopes where the natural vegetation has been removed.

Riparian Area. See definition in BDC Chapter 1.2.

Riparian corridor means the area within and adjacent to the Deschutes River and Tumalo Creek that includes water areas, fish and wildlife habitat, wetlands, and riparian vegetation and other State Planning Goal 5 resources to be conserved and protected. For purposes of this title, the riparian corridor is defined as the area within the WOZ.

Sensitive areas means wetlands, areas within a site with individual trees with a specific trunk diameter for deciduous trees of six inches or greater and for coniferous trees of 10 inches or greater as measured four feet dbh, steep slopes, floodplains and other natural resource areas designated for protection or conservation by the Bend Area General Plan or the State of Oregon.

Site means any lot or parcel of land, or a contiguous combination of lots, parcels and/or easements under the same ownership or unified control.

Site development envelope means that area of a site that is best suited for development, as determined by identifying sensitive areas (as defined in this title) for protection, setbacks, and other local standards and requirements.

Site map means a document that defines and describes specific attributes of a site proposed for development.

Site map and grading plan means a document that defines and describes specific attributes of a site proposed for development and what activities will take place in clearing and grading a site in preparation for development (see BC 16.10.020(B)).

Slope means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance or expressed as a percent of the change in elevation over a given distance.

SM Zone means surface mining zone.

Soil means naturally occurring unconsolidated sediments and deposits that overlay bedrock.

Soils and geological reconnaissance report (soils report) means a report based on adequate test borings (as necessary) that contains data regarding the nature, distribution, strength and erodibility of both existing soils and soils to be placed on the site, if any (see BC 16.10.020(B)).

Source control practice means one or a series of best management practices that, when implemented correctly, controls pollutants at their source and limits their discharge into the storm drainage system, dry well or drill hole.

Stabilization means the use of practices that prevent exposed soil from eroding and/or increases the structural strength of a graded area.

Standards and Specifications mean the most recent version of the City of Bend Public Improvement Construction Procedures.

Steep slope means slopes that are greater than 10 percent.

Stormwater means water from precipitation that collects on or runs off surfaces such as roofs, buildings, roads, or paved or unpaved land surfaces; that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows, via overland flow, interflow pipes and other features of a stormwater drainage system, into a defined surface water body or constructed infiltration or evaporation facility.

Stormwater facility means a detention and/or retention pond, swale, dry well, or other surface water feature that provides storage during high rainfall events and/or water quality treatment.

Stormwater management means the process of collection, conveyance, storage, treatment, and disposal of stormwater to ensure control of the magnitude and frequency of runoff and to minimize the hazards associated with flooding. It also includes implementing controls to reduce the discharge of pollutants to streams and groundwater including management practices, control techniques and systems, design and engineering methods.

Stormwater service means the operations of the City’s stormwater utility in providing programs and facilities for maintaining, improving, regulating, collecting, and managing stormwater quantity and quality within the City’s service area.

Stormwater system means any structure or configuration of ground that is used or by its location becomes a place where stormwater flows or is accumulated, including but not limited to dry wells, drill holes, swales, pipes, curbs, gutters, manholes, catch basins, ponds, creeks, open drainage ways, ditches and their appurtenances. City stormwater system means the portions of the stormwater system in public rights-of-way, within easements owned by the City, or on City property. Private stormwater facility means any stormwater facility on private property and not within an easement owned by the City.

Stormwater system maintenance agreement means a document executed by the property owner that is recorded in the Deschutes County Clerk’s office to run with the land, that requires the current and successor owners to maintain the stormwater system on the property so that the system continues to function as planned (see BC 16.15.050).

Stream means a year round flowing watercourse.

Surface runoff means that portion of rain, snow melt, or irrigation water that does not naturally percolate into the ground or evaporate, but instead flows over the land or impervious surfaces.

Swale means a type of stormwater facility consisting of a broad, shallow depression used to provide a required volume of on-site storage for stormwater, typically planted with vegetation that filters and processes contaminants.

SWMP means stormwater management plan.

TMDL means total maximum daily load, a calculation of the maximum amount of a pollutant that a waterbody can receive and still safely meet water quality standards. Under Section 303(d) of the Federal Clean Water Act, states, territories, and authorized tribes are required to develop lists of impaired waters (e.g., waters that are too polluted or otherwise degraded to meet the water quality standards set by the states, etc.) and TMDLs for these waters. (Source: United States Environmental Protection Agency.)

Tree preservation performance standards mean measures intended to provide a minimum threshold for preserving trees during clearing and grading activities, and are used to determine if the requirements in this title have been met (see BC 16.10.100).

Tree protection plan means a plan developed in accordance with BDC 3.2.200(C).

UIC means underground injection control.

Underground injection control (UIC) system means any structure or activity that discharges fluids such as stormwater or septic effluent below the ground or subsurface. Common UIC designs include dry wells, drill holes, floor drains, trench drains, and drain fields.

Water Overlay Zone (WOZ) means areas of special designation adjacent to the Deschutes River and Tumalo Creek as described in BDC 2.7.600.

Wellhead protection area means an area within 500 feet of an undelineated water well (e.g., drinking or irrigation water); or within the modeled two-year-time-of-travel area for a delineated water well.

Work schedule means the schedule of anticipated clearing, grading, installation of ESC measures, and proposed inspection and maintenance schedule(s) for a construction site (see BC 16.10.020(F)).

WOZ means Waterway Overlay Zone.

WPCF means water pollution control facility. [Ord. NS-2176, 2012]