Dublin Municipal Code Art. III Stormwater Quality Management for Development

All construction sites shall implement effective erosion control, run-on and runoff control, sediment control, active treatment systems (as appropriate), good site management, and non-stormwater management through all phases of construction (including, but not limited to, demolition, site grading, building and finishing of lots) until the site is fully stabilized by landscaping or the installation of permanent erosion control measures. Construction sites shall conform to the MRP Provision C.6 Construction Site Control requirements, as well as the following requirements:

A. Any person performing construction activities in the city shall implement appropriate BMPs to prevent the discharge of sediment, construction waste or contaminants from construction materials, tools, and equipment from entering the storm drain system or watercourse.

B. Any person performing construction activities for which a city permit is required must submit for review and approval an erosion and sediment control plan, as described in the grading regulations ordinance, Section 7.16.600. Said plan shall also include appropriate BMPs that provide for effective control for other pollutants or waste that may be generated from the site. City permits shall not be issued until an acceptable erosion and sediment control plan is submitted and approved. All projects performed in the city must comply with the following provisions:

1. Projects regulated under the State Construction General Permit shall present evidence of coverage under the State Construction General Permit by disclosing the Waste Discharger Identification (WDID) number.

2. Projects not covered by the State Construction General Permit shall complete an urban runoff requirements acknowledgement, or other equivalent form as available from the city. No construction activity may commence until adequate BMPs have been installed conforming to the State Construction General Permit and/or MRP Provision C.6 Construction Site Control requirements.

C. The erosion and sediment control plan shall be implemented year-round and must be updated to reflect changing conditions on the project site. Modifications to the erosion and sediment control plan shall be submitted to the city for review and approval.

D. Ground-disturbing activities requiring a permit shall provide signage notifying the public to call the City Public Works Department at (925) 833-6630 for spills or erosion control violations. The sign shall be at least eighteen (18) inches, made of materials that shall withstand weather for the duration of the project, and shall be clearly visible from the right-of-way. Lettering shall be at least three (3) inches high and easily readable.

E. The city’s authorized enforcement official shall have the authority to inspect construction activities with the city pursuant to Article IV.

F. When any work is being performed contrary to the provisions of this section, the authorized enforcement official may order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the authorized enforcement official authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal, provided in the Dublin Municipal Code.

(Ord. 7-24 § 2 (Exh. A))

Development projects shall conform to the MRP Provision C.3 New and Redevelopment Standards, Provision C.6 Construction Site Control Requirements, and Provision C.10 Trash Load Reduction Requirements.

A. Stormwater Source Controls. Source controls as described in the MRP and in further detail in the city of Dublin Stormwater Standard Plans, are required for all development projects doing work in the city. Exemptions from certain stormwater source controls due to extreme hardship may be granted on a limited basis.

B. Site Design Techniques. Development projects that fall into the applicable thresholds as defined in the MRP, shall incorporate at least one (1) of the following site design techniques, as applicable to the project:

1. Direct roof runoff areas into cisterns or rain barrels for use.

2. Direct roof runoff onto vegetated areas through disconnected roof leaders that are properly located to prevent erosion of landscaped materials.

3. Direct runoff from sidewalks, walkways, patios, driveways, or uncovered parking to vegetated areas.

4. Construct sidewalks, walkways, patios, driveways, uncovered parking, or bike lanes with permeable surfaces as defined in the MRP.

C. Regulated projects, as defined in the MRP and Section 7.74.040, are required to incorporate additional site design, stormwater treatment, and hydromodification management measures. These measures are required to remain in place post-construction to address stormwater runoff pollutant discharges and prevent increases in runoff flow rates and volumes. Applicants for new development and redevelopment projects shall select, design and construct site design, stormwater treatment, and hydromodification management measures, as applicable, to the satisfaction of the city in accordance with the requirements and guidelines set forth in the most current version of following documents:

1. Municipal Regional Stormwater NPDES permit.

2. City of Dublin Stormwater Standard Plans.

3. C.3 Technical Guidance Manual.

The above referenced documents, as amended and reissued from time to time, are incorporated by reference into this chapter. These documents shall be available at the city’s or the Alameda Countywide Clean Water Program website.

D. Regulated projects shall include LID/GSI treatment measures, as set forth in the MRP, per the following provisions:

1. Project Phasing. Project proponents may not phase projects to avoid implementing stormwater requirements. Projects submitted to the city within one year for the same property shall be considered one project in terms of creating or replacing impervious surface area. Project proponents shall meet the applicable requirements based on cumulative impervious surface on the property. In addition, any project, phase of project, or individual lot within a larger previously approved project, shall be considered one project, and must adhere in its entirety to the requirements of this section, as set forth at the time of submittal of the most recent application.

2. Subdivisions of Land. Parcels of land which are subdivided for future construction shall make provision for stormwater requirements anticipating future build out. Stormwater improvements shall be considered part of the infrastructure and are required to be installed with other infrastructure improvements.

3. Placement of LID/GSI Treatment Measures in Common Areas. In subdivisions, stormwater treatment systems shall be placed in a common area unless prior approval has been obtained by the authorized enforcement official.

4. LID/GSI treatment measures shall not be placed in backyards, or in areas where fencing obstructs access for periodic inspection. All LID/GSI facilities shall be accessible without having to request access through locked areas.

5. Alternative Compliance for Low Impact Development. Notwithstanding the provisions of Section 7.74.180, the authorized enforcement official may, in accordance with the MRP, authorize a regulated project to provide alternate compliance by treating an equivalent flow and pollutant load of the project’s stormwater runoff with LID/GSI treatment measures at an on-site location that otherwise would not require treatment, or at an off-site location in the same watershed, in accordance with the MRP. The applicant must request approval for use of alternate compliance prior to approval of a tentative subdivision map or, if there is no subdivision map, prior to approval of a building permit for the regulated project. In order to request the use of alternate compliance, the applicant must identify the proposed project location, demonstrate to the satisfaction of the authorized enforcement official that the site is appropriate for use as an LID/GSI treatment location, and provide evidence that it has obtained the rights to use the project location, as necessary, and that the project will be constructed within the time frames specified in the MRP.

6. Construction-Phase LID/GSI Requirements.

a. Bioretention Soil Media (BSM) Certification. For LID/GSI incorporating bioretention, certification of the Bioretention Soil Media (BSM), as set forth in the C.3 Technical Guidance Manual, Appendix K, provided by the supplier.

b. GPS Coordinates. Prior to the city granting final certificate of occupancy or acceptance of improvements, the applicant shall provide GPS coordinates for all installed stormwater treatment facilities, hydromodification management measures, and trash capture devices. The coordinates shall be in a format determined in one of two formats:

i. GIS layer (shape file or feature class in a geodatabase): Minimally, provide a GIS point layer of the facility inlet, and ideally provide a GIS polygon layer of facility footprint. Layer(s) should contain the device type, manufacturer, model, and date it was installed.

ii. Excel file (csv or text file) with the information noted above, in addition to a coordinate location pair of Latitude/Longitude or X/Y Coordinates in North American Datum (NAD) 1983 State Plane California III FIPS 0403 Feet, WKID: 2227, Authority: EPSG.

E. Hydromodification Management Measures.

1. Regulated projects that are designated as hydromodification management projects under the MRP shall demonstrate that the project will not cause an increase in stormwater runoff flow rates, volume, or flow durations over the pre-project existing condition based on the design criteria set forth in the MRP.

2. Hydromodification management projects shall implement on-site hydromodification management controls unless a regional hydromodification management control is available to control all or a portion of the project runoff or the project qualifies to use an in-stream alternative hydromodification control measure to control all or a portion of the project runoff.

F. Requirement for Stormwater Management Plan. A stormwater management plan shall consist of a preliminary plan to ensure adequate planning for the management of stormwater runoff and quality control, and a final plan, as approved by a designee of the Public Works Director or City Engineer. Both plans shall be in accordance with the criteria established in the following provisions:

1. A preliminary stormwater management plan shall be submitted for review and approval with all subdivision map, site plan, building permit, or improvement plan applications.

2. The final stormwater management plan must be submitted for review and approval by the Public Works Director or City Engineer as part of the improvement plan review process.

3. All stormwater management plans shall be appropriately sealed and signed by a professional engineer in adherence to all minimum standards and requirements pertaining to the practice of that profession.

4. The stormwater treatment systems must be designed in accordance with the requirements specified in the MRP and with the design guidelines detailed in the most recent C.3 Technical Guidance Manual.

G. Maintenance Access Easements.

1. The property owner must ensure access from the public right-of-way to stormwater treatment facilities, HM systems and full trash capture devices for the purpose of inspection, maintenance, and repair by securing all the maintenance access easements needed on a permanent basis. Such access shall be sufficient for all necessary equipment for maintenance activities. The maintenance access easement must be located such that the stormwater treatment systems are readily accessible for inspection purposes during regular working hours.

H. LID/GSI Requirements for Projects Improving Street, Sidewalk, or Road Frontage. Portions of the public right-of-way that may generate runoff, including sidewalks, curb extensions, pavement replacement, and curb and gutter replacement in the street frontage, that are constructed or reconstructed as part of the regulated project are considered part of the regulated project.

I. Additional Measures. The provisions of this section shall not prohibit an authorized enforcement official from requiring a discharger to take additional measures to achieve the objectives of this chapter or any permit.

(Ord. 7-24 § 2 (Exh. A))

All development projects, including tenant improvement projects, shall conform to the MRP Provision C.10 Trash Load Reduction requirements.

A. Full Trash Capture Systems or Devices and Actions.

1. All development projects are required to install on-site full trash capture systems or devices selected from the list of full trash capture systems or multi-benefit trash treatment systems certified by the State Water Board. Alternately, development projects may install regional, off-site full trash capture devices if approved by the city.

2. Full trash capture systems or devices are required to remain in place throughout the life of the development project to reduce trash loads from the MS4. Applicants for development projects shall select, design, and construct full trash capture systems or devices, as applicable, to the satisfaction of the city in accordance with the requirements and guidelines set forth in the most current version of the following documents:

a. MRP.

b. C.3 Technical Guidance Manual.

The above referenced documents, as amended and reissued from time to time, are incorporated by reference into this chapter. These documents shall be available at the city’s or Alameda Countywide Clean Water Program website.

B. If it is infeasible to install full trash captures systems or devices, trash control actions shall be implemented that provide for an equivalent trash reduction.

1. The applicant must demonstrate to the satisfaction of the city that the trash control programs implemented in lieu of full trash capture devices or systems will provide an equivalent level of trash load reduction. Applicants shall develop and submit a full trash capture equivalency plan to the city for approval. The plan must include the planned trash control actions, projected trash reductions of the actions, implementation schedule, entities responsible for implementing the actions, and the plan to inspect and verify the effectiveness of the actions.

C. Operation and Maintenance. Installed full trash capture trash systems or devices shall be operated and maintained by the responsible person for the life of the project, following the manufacturer’s recommendations for maintenance.

D. Additional Measures. The provisions of this section shall not prohibit an authorized enforcement official from requiring a discharger to take additional measures to achieve the objectives of this chapter or any permit.

(Ord. 7-24 § 2 (Exh. A))

A. It is a violation of this code for any landowner to fail to properly operate and maintain any approved full capture trash device, stormwater treatment facilities, hydromodification management facilities and/or source control best management practices on the owner’s property. Stormwater treatment systems which do not have a stormwater management maintenance agreement must be maintained as required by the manufacturer’s guidelines and/or to ensure intended functioning of the system(s).

B. Prior to the issuance of any permit for land development activity, development projects required to install full trash capture or LID/GSI systems shall develop and execute a stormwater management maintenance agreement for the property. The stormwater management maintenance agreement, also known as the operation and maintenance agreement, shall run with the land, and shall be recorded in the Office of the Alameda County Clerk-Recorder. Provisions in the stormwater management maintenance agreement are fully enforceable by law. Enforcement action, as detailed in Article IV, may be taken for failure to meet any of the requirements of the stormwater management maintenance agreement.

C. The stormwater management maintenance agreement must be entered into between the property owner and the city. Responsibility for the operation and maintenance of the stormwater treatment systems shall remain with the property owner and shall pass to any successor owner. If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title, and notification of the successor must be provided to the city.

D. The property owner shall bear responsibility for major repair or replacement of any facilities installed in the public right-of-way as a condition of project approval.

E. Maintenance of stormwater treatment systems shall be completed in accordance with the stormwater management maintenance agreement. The stormwater management maintenance agreement shall be irrevocable and shall obligate all current and future landowners to bear all costs for the annual maintenance, replacement, and record keeping of all stormwater treatment systems.

F. Site plans and operations and maintenance plans for recording shall show at a minimum:

1. Location of on-site stormwater treatment facilities, HM facilities, and full trash capture systems.

2. Location of off-site/public stormwater treatment facilities, HM facilities, and full trash capture systems.

3. A note to reference any stormwater treatment systems stating: “As part of the original construction of the development, stormwater treatment systems were installed within the development in connection with the development’s drainage system. Neither the association nor any responsible person or owner shall do any work, construct any improvement, place any landscaping, or otherwise perform any action whatsoever which alters or interferes with the drainage pattern for any lot or any portion of the common areas, except to the extent such alteration in drainage pattern is approved in writing by the city of Dublin.”

4. A note to reference the stormwater management maintenance agreement: “The on-site stormwater treatment systems shall be inspected and maintained as detailed in the stormwater management maintenance agreement.”

5. The extent of watercourse buffer, if any, on the subject property by the parcel’s boundary landmarks and a label of the watercourse buffer.

6. Provide a note to reference any watercourse buffer stating: “There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the city of Dublin.”

7. A note to reference any protective covenants governing all watercourse buffer areas stating: “Any watercourse buffer shown hereon is subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas.”

G. Annual Report. A report of the annual inspection and maintenance activities completed on the stormwater treatment systems shall be submitted to the city by December 30th each year. The annual inspection report shall include all completed inspection and maintenance forms for the reporting period. The annual inspection shall also include a record of the volume of all accumulated sediment and trash removed from the stormwater treatment systems.

H. Transfer of Property. When a property subject to a stormwater management maintenance agreement is sold, conveyed, or otherwise transferred to another entity, the property owner shall provide written notice of said document to the transferee and provide the city a copy of such notice.

I. Inspection of Systems. The authorized enforcement official shall have the authority to inspect stormwater treatment facilities, HM facilities, full trash capture devices and/or source control BMPs pursuant to Article IV.

J. Inadequacy of the System.

1. If a stormwater treatment facility, HM facility, source control BMP, or full trash capture device is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the approved stormwater management plan, it shall be corrected by the responsible person before the development project is finalized and accepted. If the responsible person fails to act, the city may use the performance bond to complete the work.

2. If a stormwater treatment, HM system, or trash capture device or system is found to be inadequate by virtue of physical evidence of operational failure at any point during its operating life, it shall be corrected by the responsible person. If the responsible person fails to act, the city may pursue corrective actions or enforcement pursuant to Article IV.

(Ord. 7-24 § 2 (Exh. A))