Emeryville Municipal Code Art. 3 Requirements For New Development

All works of grading, paving, construction, reconstruction, or rehabilitation that create or replace impervious surface shall incorporate:

(a) Site planning that maximizes pervious surfaces and minimizes impervious surfaces; and

(b) Source control measures that prevent pollutant sources from contacting rainfall and stormwater, as specified by the City Engineer.

Facilities and activities that require source control measures include but are not limited to the following: recycling and trash areas; loading areas; food service equipment cleaning areas; vehicle service and cleaning areas; outdoor processing and equipment and materials storage areas; fuel storage and dispensing areas; parking garages; spas, fountains and pools; and fire sprinkler testing.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

Any person engaged in construction or grading work in the City shall install, maintain, and replace controls and best management practices in order to prevent non-stormwater discharges such as pollution, erosion and sediment runoff onto roadways or into the City storm drain system. The City Engineer shall require and approve a Construction Stormwater Pollution Prevention Plan for any works of construction and/or grading for which such a plan is deemed necessary by the City Engineer. The City Engineer and his or her designee shall have the authority to stop construction and/or grading work on a site where adequate controls and/or best management practices are not in place.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

All works of grading, paving, construction, reconstruction, or rehabilitation that create or replace impervious surface shall be designed to incorporate permanent vegetative stormwater treatment measures that, to the maximum extent practicable, comply with the City's Stormwater Guidelines for Green, Dense Redevelopment. Vegetative treatment measures include, but are not limited to, flow-through planter boxes, rain gardens, biofiltration swales, podium and roof plantings, and lowered landscape strips.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

(a) To the maximum extent practicable, permanent stormwater treatment measures shall be designed and constructed to use vegetative, rather than mechanical, measures. Preferred vegetative treatment measures include but are not limited to those defined in the City's Stormwater Guidelines for Green, Dense Redevelopment.

(b) Only if vegetative treatment measures are determined infeasible due to site characteristics, building uses, or other legitimate reasons, may the City Engineer allow the use of a combination of vegetative and mechanical treatment measures (preferred) or mechanical treatment measures.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

(a) Any person engaged in work of development or redevelopment that requires a stormwater treatment permit shall enter into the City of Emeryville's standard stormwater treatment measures operations and maintenance agreement assuring the continued operation and maintenance of such treatment measures and allowing access and inspection by the City, the local vector control agency and the Regional Water Quality Control Board. The agreement shall be recorded in the office of the County Recorder and be binding upon all owners of the property.

(b) A stormwater treatment measures operations and maintenance agreement shall be accompanied by a stormwater treatment measures maintenance plan.

(1) A stormwater treatment measures maintenance plan shall include, but is not limited to:

(i) A description of the general characteristics of the site, which may include soil types, groundwater levels, vegetation and natural runoff, impervious surfaces, propensity for erosion and sedimentation, etc.;

(ii) The location and nature of the City's storm drain system and creeks and/or waters of the United States to which the site drains;

(iii) Location and description of all permanent stormwater treatment measures;

(iv) A plan for routine inspection and maintenance of stormwater treatment measures, including items such as trimming, care and replacement of vegetation, replacement of mulch and compost; sweeping of pavement; and cleaning of screens and filters.

(2) The City Engineer shall have the authority to review and amend maintenance plans for stormwater treatment measures.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)