Division 2 — NEW DEVELOPMENT AND SIGNIFICANT REDEVELOPMENT

The city engineer shall have the authority to require the preparation and implementation of a WQMP for any development, redevelopment, utility, or road improvement project within the city limits.

(1)

Prior to application submittal for plans examination, grading permit, building permit, or entitlement, a WQMP shall be prepared and submitted to the authorized city representative for all priority projects subject to this requirement under the applicable MS4 permit. The WQMP submittal requirement applies to construction projects covered by the construction general permit as well as construction projects with land disturbance of less than one acre. Qualifying development/redevelopment projects include:

a.

All significant redevelopment projects—defined as the addition or replacement of 5,000 or more square feet of impervious surface on an already developed site subject to the discretionary approval of the city. Significant redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of the facility, or emergency redevelopment activity required to protect public health and safety. Where redevelopment results in an increase of less than 50 percent of the impervious surfaces of a previously existing developed site, and the existing development was not subject to WQMP requirements, the numeric sizing criteria discussed in Section 4 of the of the San Bernardino County Stormwater Program Technical Guidance Document for Water Quality Management Plans, effective September 19, 2013, (WQMP Technical Guidance Document) and any amendments to that WQMP Technical Guidance Document shall apply only to the addition or replacement, and not to the entire developed site. Where redevelopment results in an increase of 50 percent or more of the impervious surfaces of a previously existing developed site, the numeric sizing criteria discussed in Section 4 of the current version of the WQMP Technical Guidance Document shall apply to the entire developed site.

b.

All new development projects that create 10,000 square feet or more of impervious surface (collectively over the entire development project site), including commercial, industrial, residential housing subdivisions (i.e., detached single-family home subdivisions, multifamily attached subdivisions or townhomes, condominiums, apartments, etc.), mixed-use, and public projects. New development projects include projects on public and private land that fall under the planning and building authority of the permitting jurisdiction.

c.

New development or significant redevelopment of automotive repair shops (with SIC Codes 5013, 5014, 5541, 7532-7534, 7536-7539) where the project creates, adds and/or replaces 5,000 square feet or more of impervious surface.

d.

New development or significant redevelopment of eating places (with SIC Code 5812) where the land area of project is 5,000 square feet or more.

e.

All hillside developments of 5,000 square feet or more that are located on areas with known erosive soil conditions or where the natural slope is 25 percent or more.

f.

Developments of 2,500 square feet of impervious surface or more adjacent to (within 200 feet) or discharging directly into environmentally sensitive areas or water bodies listed on the Clean Water Act, section 303(d) list of impaired waters.

g.

Parking lots of 5,000 square feet or more of impervious surfaces exposed to stormwater. The term "parking lot" is defined as land area or facility for the temporary parking or storage of motor vehicles.

h.

New development or significant redevelopment of retail gasoline outlets that are either 5,000 square feet or more or have a projected average daily traffic of 100 or more vehicles per day.

i.

Nonpriority/noncategory projects may be required by the city to implement applicable site design LID and LIP requirements.

(2)

Preliminary project-specific WQMPs shall be submitted as early as possible during the environmental review or planning phase (land use entitlement). The final project-specific must be consistent with the preliminary project-specific WQMP. The city may require additional information and submittals for final approval.

(3)

The WQMP shall be prepared in conformance with the WQMP Technical Guidance Document, or its successor, and template documents and other related guidance documents.

(4)

The WQMP shall incorporate and implement site design, source control and/or treatment control BMPs to minimize runoff, increase on-site infiltration, and improve water quality as necessary to meet current MS4 permit requirements. The WQMP must prioritize the use of LID treatment control measures and explain why LID treatment control measures cannot be used in order to propose another BMPs. The WQMP shall identify all BMPs that will be incorporated into the project to control post-construction stormwater and nonstormwater quality and quantity and shall be revised as necessary during the life of the project.

a.

The owner(s) shall demonstrate that the proposed structural BMPs will infiltrate, and/or adequately treat, the projected stormwater and urban runoff for the development project using the design standards for structural BMPs as specified in the applicable MS4 permit.

b.

All WQMPs shall include a maintenance schedule for all source control and treatment control BMPs, the owner(s) signed statement of responsibility for continued BMP maintenance, and a plan for continued maintenance responsibilities which must include signing a MOA as described in section 23-539.

(5)

No certificate of occupancy shall be issued for a development/redevelopment project without ensuring that all treatment control BMPs have been constructed as specified in the approved WQMP and will be maintained in compliance with the requirements of the municipal NPDES permit.

(6)

Owner(s) shall submit and have approved an application to amend an approved WQMP prior to altering any BMP design, size, material, manufacturer, or specification. If a BMP is altered without approval, owner(s) shall restore the BMPs back to the original specifications in the approved WQMP. Altering a BMP without prior approval may result in enforcement actions.

(7)

The city may, at its discretion, require updates and amendments to a previously approved WQMP when conditions warrant, up to and including: change or alteration in use of property, change or alteration of pollutant loads, inadequate pollutant removal BMPs, or any other circumstance where it can be established that current site conditions do not comply with the provisions of this chapter.

(8)

Establishment of a regulatory fee. The city council may establish a regulatory fee by resolution and may from time to time adjust the fee by resolution to recover the reasonable cost of permit issuance, administration, inspections, sampling, metering, and monitoring by the city engineer. Such fee shall cover, but not exceed, the full cost of permit issuance, administration, inspections, sampling, metering, and monitoring and shall be allocated in a manner that bears a fair and reasonable relationship to the activities of the fee payers that are relative to the need for the WQMP.

(9)

Compliance with the conditions and requirements of a WQMP shall not exempt any person from the requirement to independently comply with each provision of this article.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

In general, treatment control measures must be located within the new development or significant development project except as specified by the city's NPDES permit. If the city approves treatment control measures outside the new development or significant redevelopment project, ownership of the treatment control measures will follow ownership of the new development or significant redevelopment project as described in Section 23-540.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

The owner(s) of any parcel subject to the development of a WQMP or any other residential tracts with structural source control or treatment control BMPs shall enter into a legally enforceable agreement with city, which, in consideration of project approval and/or connection to the storm drain system, the owner(s) agree to maintain post-construction source control, treatment control BMPs and other related features. A standard agreement form, or memorandum of agreement, has been approved by and is available from the city's engineering department. The MOA shall be executed by the owner(s) and shall be recorded with the County of San Bernardino's Assessor-Recorder-City Clerk.

(1)

The MOA agreement shall require the owner(s) to maintain, repair, and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. The MOA agreement shall require the owner(s) to identify, fund, and continue to fund an available source of funding for the maintenance. In addition, it shall grant to the city a right of entry in the event that the city engineer if the city engineer has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the BMP; however, in no case shall the right of entry, of itself, confer an obligation on the city to assume responsibility for the BMP.

(2)

The MOA shall be binding on all current and subsequent owners of the site, portions of the site, and/or lots or parcels served by the BMP. Until such time that the transference of all property, sites, or lots served by the BMP is completed per section 23-542, the owner(s) listed in the recorded MOA shall have primary responsibility for carrying out the provisions of the agreement. Owner(s) shall provide notice of the transfer, sale, or deed of all property, sites, or lots served by the BMP to the city's engineering department.

(3)

The MOA shall require the owner(s) to comply with the recordkeeping requirements articulated in 23-543.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

Owner(s) of a parcel or parcels subject to a requirement for maintenance of structural BMP features, shall:

(1)

Assume responsibility for maintenance and operation of any existing structural BMP feature to at least the MEP standard;

(2)

Conduct BMP maintenance and inspections as required in the approved WQMP;

(3)

Ensure that all structural BMP features are inspected at the frequency set forth in the approved WQMP, and retain proof of such inspections for a minimum of three years;

(4)

Replace any degraded structural BMP feature with new control measures, or BMP features, meeting the then current standards of the city; and

(5)

Shall not be free of liability and shall not be precluded from maintenance, operation, repair, or replacement of BMPs should they not possess knowledge that structural BMP features exist.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

The transfer, sale, or deed of a parcel or parcels subject to a requirement for maintenance of structural BMP features, shall include conditions requiring a transferee, and a transferee's successors and assigns, to:

(1)

Assume responsibility for maintenance and operation of any existing structural BMP feature to at least the MEP standard;

(2)

Conduct BMP maintenance and inspections as required in the approved WQMP;

(3)

Ensure that all structural BMP features are inspected at the frequency set forth in the approved WQMP and/or MOA, and retain proof of such inspections for at least three years;

(4)

Replace any degraded structural BMP feature with new control measures, or BMP features, meeting the then current standards of the city;

(5)

For conditions, covenants, and restrictions for properties which include structural BMP features that are to be maintained by a property or homeowner's association, such conditions, covenants and restrictions shall provide for maintenance of the BMP features by the association;

(6)

Any deed transferring title to said property shall include a reference to owner(s) agreement with the city under section 23-539, which is applicable to owner(s) successors and assigns, and the BMP features that are to be maintained by the successor owner; and

(7)

If property, on which structural BMP features are located, is to be dedicated to a governmental agency, the transferor shall remain responsible for the BMP features until the agency provides a signed assumption of responsibility and confirmation that structural BMP features meet agency design standards.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

(a)

Owner(s) shall maintain a copy of the approved WQMP readily accessible at each address associated with WQMP. Owner(s) shall maintain a copy of the approved WQMP readily accessible on themselves if owner(s) maintains an office at an address different from the project WQMP.

(b)

Owner(s) of each structural BMP shall keep records of inspections, maintenance, and repairs for a minimum of three years from the date of creation of the record and shall submit the same upon request of the building official, city engineer or public works director.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

(a)

If the public works director has required a WQMP, the public works director may also require a WQMP inspection fee.

(b)

If the public works director has required a WQMP and determines that the WQMP has not complied with, the public works director may also require a WQMP noncompliance re-inspection fee.

(c)

The public works director may levy penalties for failure to comply with the provisions of this division including, but not limited to, those provisions requiring WQMP structural equipment and BMP installation and maintenance.

(d)

All penalties and fees in this section shall be adopted by resolution and subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

Secs. 23-544—23-549. - Reserved.