Cloverdale Municipal Code Art. III Regulations And Requirements

The city may adopt requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the city's MS4, or waters of the U.S.

(Ord. 713-2017 § 2 (part), 2017)

Driveway and private street culverts shall not cause a restriction of the flow of any adjoining street drainage system. The owners of property for which an appurtenant driveway or private street culvert causes, or contributes to, a restriction in flow of the adjoining street's drainage system shall, at their expense, maintain, clean or enlarge the existing culvert to the extent necessary to remove the restriction.

(Ord. 713-2017 § 2 (part), 2017)

A. Owners of private property, developed or undeveloped, on which storm waters originate or traverse shall maintain the defined channel, culvert and/or drainage system on their property, at their own expense, so as not to impair, impede or obstruct the natural flow of storm waters or other water running in a defined channel, culvert or drainage system.

B. Owners of private property on which low impact development (LID) BMP facilities have been constructed shall maintain the BMP facilities, at their own expense, so as to ensure design function and storm water retention capacity.

(Ord. 713-2017 § 2 (part), 2017)

Except as provided in subsection D of this section, the following projects are subject to landscaping and irrigation requirements of this chapter:

A. New Projects. New nonresidential projects, multifamily residential projects, and single-family residential projects shall provide landscaping in compliance with the requirements of this chapter.

B. Existing Development. The approval of any permit for physical alterations and/or changes in use within an existing development may include conditions of approval requiring compliance with specific landscaping and irrigation requirements of this chapter. When landscaping is required, the landscape and irrigation improvements shall be installed prior to final building inspection.

C. Alternatives to Requirements. Modifications to the standards of this chapter may be approved by the appropriate authority to accommodate alternatives to required landscape materials or methods, where it is first determined that the proposed alternative will be equally effective in achieving the intent of this chapter.

D. Exemptions. These requirements shall not apply to the following projects:

1. Projects that have a completed application for a building or grading permit, or design review on file prior to February 14, 2015.

2. Registered local, state, or federal historical landscape area.

3. Ecological restoration projects that do not require a permanent irrigation system.

4. Plant collections, as part of botanical gardens and arboretums open to the public.

5. New accessory dwelling units.

6. Accessory structure.

(Ord. 713-2017 § 2 (part), 2017; Ord. 714-2017 § 4 (Exh. B), 2017)

A. Activities Resulting in Discharge of Pollutants. Any person engaging in activities which may result in pollutants entering the city's storm water system shall undertake all measures to prevent, reduce and/or eliminate such pollutants to the maximum extent practicable. All activities that do actually, or may potentially, result in the deposit of pollutants in or on the city's storm water system, in any tributary of this system, and all land which drains to either this system or any of its tributaries shall be construed as activities which may result in pollutants entering the city's storm water system. Examples of such activities include, but are not limited to, ownership and use of premises which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, business enterprises and dwelling units.

B. Pollutants and Littering. In addition to the prohibitions of Article II and this section, no person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained any refuse, household hazardous wastes or other hazardous wastes, garbage, debris, or other wastes, or other discarded or abandoned objects or articles in or upon any storm water system or upon any public or private plot of land in the city so that the same might become a pollutant, except in lawfully established waste disposal facilities.

C. Sidewalks. The occupant or tenant, or in the absence of occupant or tenant the owner or proprietor, of any real property in the city in front of which there is a paved sidewalk shall maintain that portion of the sidewalk in front of the property free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway or any element of any drainage system, but shall be disposed of in receptacles maintained as required for the disposal of solid waste.

D. Construction Activities. Any construction contractor performing work in the city shall implement appropriate best management practices to prevent the discharge of construction wastes or debris or contaminants from construction materials, tools, and equipment from entering the storm water system.

E. Bodies of Water. No person shall throw or deposit litter in any fountain, pool, lake, stream, river or any other body of water in a park or elsewhere within the city.

F. Standard for Parking Lots, Paved Areas, and Related Storm Water Systems. Persons owning, operating, or maintaining a paved parking lot, the paved areas of a gas station, a paved private street, road, or driveway and related storm water systems shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the storm water system.

G. Industrial and Construction Activity Compliance with General Permits. The city has authority to control the contribution of pollutants to the MS4 by storm water discharges associated with industrial and construction activity and the quality of storm water discharged from the sites of industrial and construction activity. Each discharger associated with industrial activity, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, North Coast Region, shall provide the notice of intent, comply with, and undertake all activities, conditions and BMPs required by any general storm water permit applicable to such dischargers, and shall provide a copy of the notice of intent and of each annual report pursuant to any general storm water permit to the city engineer or director of public works, and shall pay any associated monitoring and enforcement fees to the city that may be set by the city council. Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake all activities, conditions and BMPs required by such permit.

H. Compliance with Best Management Practices. Where best management practice guidelines or requirements have been adopted or published by the Environmental Protection Agency, any state of California agency, any San Francisco Bay area agency, or the city for any activity, operation or facility which may cause or contribute to illicit discharges, every person undertaking such activity or operation or owning or operating such commercial facility shall comply with such guideline or requirement.

I. Storm Water Pollution Prevention Plan. The city engineer or director of public works may require any business in the city that is engaged in activities which may result in illicit discharges to develop and implement a storm water pollution prevention plan, which must include an employee training program. Business activities which may require a storm water pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures which are carried out partially or wholly out of doors.

J. Coordination with Hazardous Materials Release Response Plans and Inventory. Any business subject to the Hazardous Materials Release Response and Inventory Plan, Division 20, Chapter 6.95 of the California Health and Safety Code (commencing with Section 25500), shall include in that plan provision(s) for compliance with this article, including the prohibitions on non-storm-water discharges and the requirement to reduce the release of pollutants to the maximum extent practicable.

K. Landscaping. The city may adopt requirements identifying BMPs for landscaping. In addition to Section 16.10.160, the city engineer, director of public works or chief building official may require any property owner who has proposed new landscaping or changes to existing landscaping to design and construct landscaping in accordance with the BMPs as adopted by the city of Cloverdale.

(Ord. 713-2017 § 2 (part), 2017)

A. The written permits required by this article are:

1. Encroachment permits issued by the city engineer or director of public works for work on public property or public easements; and/or

2. Grading permits issued by the city engineer or director of public works for work done on public easements, public property and certain private property or the chief building official for work done on private property.

B. The required permits may be issued for any lawful use, subject to the conditions set forth in this article and the permits. The issuance of a permit shall not imply or impute any responsibility of or liability to the city for any injuries to persons or damages to property resulting from any act or work regulated by this article.

C. Applications for permits shall be in writing and shall provide the appropriate city engineer, director of public works or chief building official with such information as requested and required in order that all engineering and other technical information may be available to the city engineer, director of public works or chief building official as may be necessary to locate, delineate, illustrate, identify, justify and substantiate the proposed act or work, and the right and necessity of the applicant to perform the act or work. The city engineer, director of public works or chief building official may require the applicant to submit soil investigations, tests of material, engineering plans and investigations and technical reports as he or she deems necessary and proper.

1. The application shall be accomplished by the executed written consent and a release and waiver of liability as to, and as approved by, the city, executed by all persons whose property would be affected in any manner by the act(s) or work to be performed.

D. In issuing a permit, the appropriate city engineer, director of public works or chief building official may impose conditions reasonably necessary to safeguard the performance of the work and other properties which may be affected. A permit may be issued for any term up to one year. The original term may be extended by the city for a period not to exceed the length of the original term, upon the filing of a written application therefor prior to the permit's expiration, if good cause is shown.

E. No permittee shall be deemed to have complied with this article until a final inspection of the work has been made by the issuing city engineer, director of public works, chief building official or their designee and a report made in writing by the city engineer, director of public works or chief building official that the work appears to have been completed in accordance with the permit. Unsatisfactory work shall be corrected or reconstructed by the permittee, and should the issuing city official determine the work is unsatisfactory due to lack of diligence or a willful act on the part of the permittee, that official may apply to the city council for permission to contract with any licensed general contractor for the construction or completion of the act or work in conformance with the permit approval, or for the removal of the work, or portion thereof, which is nonconforming to the permit, and the cost thereof may be charged to the permittee upon the order of the city council.

(Ord. 713-2017 § 2 (part), 2017)

No permit issued under this article may be transferred or assigned to another person or entity without the prior written consent of the city. The city may condition any consent it gives.

(Ord. 713-2017 § 2 (part), 2017)

This article shall not prevent any person from performing emergency maintenance or work within, upon, over, under or through any watercourse, channel, ditch, conduit or natural storm water drainage system as may be necessary and proper for the preservation of life or property when an urgent necessity therefor arises. Any person performing such emergency work shall notify the department of public works as soon as possible of performance of such work and he or she shall apply for a written permit for such work within ten calendar days of the beginning of the work.

(Ord. 713-2017 § 2 (part), 2017)

A. The city has authority to implement planning and land development requirements for private and public new development and redevelopment projects, including but not limited to controlling pollutant loadings from impervious surfaces such as rooftops, parking lots, and roadways through the use of properly designed, technically appropriate BMPs (including source control BMPs such as trash enclosures, good housekeeping practices), LID strategies, and treatment control BMPs.

B. All new private development and redevelopment projects creating or replacing ten thousand square feet or more of impervious surface must implement post-construction BMPs.

C. All new private development and redevelopment projects subject to post-construction BMP requirements shall provide verification of maintenance provisions for LID BMPs, treatment control BMPs, and hydromodification control BMPs by way of a legally binding maintenance declaration, which shall be recorded to the title deed and run with the land. The BMP maintenance declaration shall ensure that the BMPs remain fully functional and that all areas identified for treatment will discharge to the treatment BMP system. Verification at a minimum shall include the developer's recorded maintenance declaration accepting responsibility for maintenance until the responsibility is legally transferred to a public entity, property owner, homeowners' association, or other entity designated to take over permanent responsibility for BMP maintenance.

(Ord. 713-2017 § 2 (part), 2017)

When source reduction BMPs are, in the opinion of the city engineer, director of public works or chief building official, inadequate to prevent actual or potential prohibited discharges from a commercial facility to the city's storm water system, the city engineer or director of public works may require that the owner of the commercial facility shall provide, at the owner's expense, such predischarge facilities as may be necessary to reduce the pollutant load at a point prior to discharge from said facility or to any element of the city's storm water system. The city engineer or director of public works may further require that the owner of the commercial facility, at the owner's expense, provide a monitoring access hole so that the pollutant loading may be periodically measured. Examples of predischarge facilities are oil/grease interceptors and sand/silt interceptors. Plans, specifications, and other pertinent factors related to the aforementioned predischarge facilities shall be submitted to the city for approval by the city engineer or director of public works. Construction of the proposed facilities shall not commence until the city engineer or director of public works approval is obtained in writing and use of the facilities shall not commence until the completed facilities are approved in writing by the city engineer or director of public works. Such facilities, once approved, shall be continuously maintained in satisfactory operating condition to the satisfaction of the city engineer or director of public works.

(Ord. 713-2017 § 2 (part), 2017)