Escalon Municipal Code Art. IV Requirements For Construction, Industrial, New And Redevelopment Activities

A. Plan Review. The applicant for any building or grading permit and the owner of any property which is the subject of such an application must comply with the terms, conditions, and requirements of any appropriate city department to ensure compliance with this chapter and any applicable permit. Such terms, conditions, and requirements may include, but are not limited to, requirements consistent with CASQA's Construction Best Management Practice Manual, as it currently exists, and requirements for erosion and sediment controls, soil stabilization, dewatering, source controls, pollution prevention measures and illegal discharges. If the project will be approved without application for a grading permit or building permit, the owner of any property subject to a discretionary land use approval or subdivision map must comply with all terms, conditions and requirements of any appropriate city department to ensure compliance with this chapter or any applicable permit.

B. Compliance with Construction General Permit. Every project that disturbs one acre or more of soil or disturbs less than one acre but is part of a larger common plan of development or sale of one or more acres of disturbed surface land is subject to the Construction General Permit and shall comply with all provisions of such permit. Proof of compliance with the Construction General Permit satisfactory to the director must be submitted prior to obtaining a grading or building permit.

C. Erosion and Sediment Control Plan. The person who possesses the title of the land or the leasehold interest on which a construction activity will occur within the city shall prepare and submit an erosion and sediment control plan prior to and as a condition of issuing a grading or building permit. The erosion and sediment control plan shall contain, at a minimum, appropriate site-specific construction site BMPs, the rationale used for selecting or rejecting BMPs, a quantification of expected soil loss from the BMPs, a list of applicable permits, and evidence that permits have been obtained. No construction activity shall commence before the director issues written approval of the erosion and sediment control plan. A SWPPP developed pursuant to the Construction General Permit may substitute for the erosion and sediment control plan for projects where a SWPPP is developed. In such cases, the SWPPP must comply with this chapter and must be submitted to the city for review and approval.

D. Permit Coverage. Prior to and as a condition of receiving a grading or building permit, the person who possesses the title of the land or the leasehold interest on which a construction activity will occur within the city shall demonstrate existing coverage under applicable permits, including, but not limited to, the State Water Board's Construction General Permit, State Water Board 401 Water Quality Certification, United States Army Corps 404 Permit, and California Department of Fish and Game 1600 Agreement. The city may require documentation demonstrating coverage by and compliance with any applicable permit, including copies of any notice of intent, stormwater pollution prevention plans, inspection reports, monitoring results, and other information deemed necessary to assess compliance with this chapter or any permit.

E. BMPs. The director may require, as a condition of issuing a grading or building permit, the implementation of BMPs to ensure that the discharge of pollutants from a construction site will be effectively prohibited and will not cause or contribute to a condition of pollution or to an exceedance of water quality standards. The person who possesses the title of the land or the leasehold interest on which a construction activity will occur within the city shall implement such BMPs approved by the director to ensure that discharges of pollutants are effectively prohibited and will not cause or contribute to an exceedance of water quality standards. All construction and grading activities shall comply with applicable laws, including all applicable city ordinances and the city's NPDES permit regulating discharges into and from the MS4.

F. Cost Recovery. The city shall be reimbursed by the project applicant for all costs and expenses incurred by the city in the review of project plans and inspection of construction sites for compliance with this chapter. The city may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the project applicant.

(Ord. 542, 2014)

A. No person shall operate or cause to be operated any industrial or commercial facility without first obtaining and complying with any required NPDES permit or waste discharge requirements. The city may require, and if required, the owner or operator of any industrial or commercial facility or source of stormwater shall provide, documentation demonstrating coverage by and compliance with any applicable permit, including copies of any notice of intent, stormwater pollution prevention plans, inspection reports, monitoring results, and other information deemed necessary to assess compliance with this chapter or any permit.

B. On receipt of written notice from the city, the owner or operator of any industrial or commercial facility or source of stormwater shall select, install, and after approval from the director, implement and maintain BMPs consistent with the CASQA Industrial/Commercial BMP Handbook, 2003 version, or its equivalent. BMPs must be designed to implement the requirements of this chapter and any applicable permit.

C. The person responsible for any industrial or commercial facility shall enter into an agreement for the operation and maintenance of any structural control measures and to record such agreement with the county recorder's office, if required by the director. The signature of the owner of the property or any successive owner shall be sufficient for the recording of these terms, conditions and requirements and a signature on behalf of the city shall not be required for recordation.

D. Any person subject to an industrial NPDES stormwater discharge permit shall maintain a spill prevention and response plan as part of their stormwater pollution prevention plan (SWPPP). The methods, procedures, mechanisms and facilities established and utilized for the purpose of preventing accidental discharges or spills of materials with pollution potential shall be provided and maintained at the owner's or user's own cost and expense. The SWPPP shall outline the user's spill prevention and response procedure, describe the nature and location of any chemicals stored on the user's premises and shall contain procedures for immediately notifying the city and preventing adverse impacts of any discharge of chemicals, substances or materials.

(Ord. 542, 2014)

A. All new development and redevelopment projects must be planned, designed and constructed consistent with the post-construction standards in the city's NPDES permit and in accordance with the post-construction stormwater management requirements of the city, including, but not limited to, the current version of the CASQA New Development and Redevelopment BMP Handbook or its equivalent.

B. As a condition of approval of any new development or redevelopment project, the project proponents and their successors in control of the project and successors in fee title, must provide a written document, deed, agreement or similar writing acceptable to the director, obligating the project proponent, their successors in control of the project and successors in fee title to the underlying property, to assume responsibility for the operation and maintenance of all installed treatment systems and hydromodification controls, if any, for the project.

C. The owner or operator of any installed treatment system or hydromodification control shall provide the director with information and physical access necessary to assess compliance with this chapter, with the city's NPDES permit, and with any writing establishing operation and maintenance responsibilities.

D. Any area of land, not covered by an impervious surface, from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities shall be landscaped within 10 days from the substantial completion of such clearing and construction. No person shall use or otherwise employ impervious material, such as plastic, placed under decorative rock, bark or other landscape covers in meeting the landscaping requirements under this section. Backyards of residential single-family dwellings which would otherwise be covered by this section are exempt where stormwater is contained on the property.

(Ord. 542, 2014)