§ 18.140

The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds in compliance with applicable provisions of the Federal Clean Water Act and any National Pollutant Discharge Elimination System (NPDES) storm water discharge permits issued to the city of Morgan Hill, through the following objectives:

A.

Minimize increases in stormwater runoff from any development in order to reduce flooding, siltation and streambank erosion and maintain the integrity of stream channels.

B.

Minimize increases in nonpoint source pollution caused by stormwater runoff from development which would otherwise degrade local water quality.

C.

Minimize the total annual volume of surface water runoff which flows from any specific site during and following development to not exceed the pre-development hydrologic regime to the maximum extent practicable.

D.

Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety.

The above objectives shall be met through adoption and implementation of best management practices (BMPs) in design, construction and maintenance. These BMPs shall be incorporated into permanent site design features, which shall remain functioning throughout the life of the development.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2341 N.S., § 18, 2-15-2023)

18.140.020 - Definitions.

The terms used in this chapter shall have the following meanings:

A.

"One hundred thousand square foot commercial development" means any commercial development that creates at least one hundred thousand square feet of impermeable surface, including parking areas.

B.

"Automotive repair shop" means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.

C.

"Authorized enforcement officer" means the city of Morgan Hill chief engineer and those individuals designated by the chief engineer to enforce the provisions of this chapter, including the code enforcement officer(s) of the city of Morgan Hill's community development department.

D.

"Best management practices" or "BMP" means activities, practices, and procedures as specified in Section 18.140.040 to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best management practices (BMPs) include but are not limited to: treatment facilities and methods to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and

system and waters of the United States. Best management practices (BMPs) include but are not limited to: treatment facilities and methods to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and

the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants.

E.

"Clean Water Act" means the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

F.

"Commercial development" means any development on private land that is not heavy industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi-apartment buildings, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

G.

"Development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and improvements related to land subdivision; any activity that moves soils or substantially alters the pre-existing vegetated or man-made cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil, placement of fill materials, paving, pavement removal, exterior construction, substantial removal of vegetation where soils are disturbed including but not limited to removal by clearing or grubbing, or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Development does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities (i.e., land disturbances) required to protect public health and safety.

H.

"Authorized enforcement officer" means the chief engineer and his or her designee, including authorized enforcement officer.

I.

"Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater.

J.

"Impervious surface" means a surface composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, and any concrete or asphalt surface.

K.

"Industrial general permit" means a NPDES permit issued by the state water resources control board for the discharge of storm water associated with industrial activity.

L.

"National Pollutant Discharge Elimination System (NPDES) storm water discharge permits" means general, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board, Central Coast Region (hereinafter, regional board) and the state Water Resources Control Board have adopted general storm water discharge permits, including but not limited to the general construction activity and general industrial activity permits.

M.

"Operation and maintenance agreement" means a written agreement entered into pursuant to Section 18.140.090, providing for the long-term operation and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project.

N.

"Owner" means the legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.

O.

"Parking lot" means land area or facility for the temporary parking or storage of motor vehicles used personally, for business or for commerce with a lot size of five thousand square feet or more, or with twenty-five or more parking spaces.

P.

"Receiving waters" means any natural stream, river, creek, ditch, channel, canal, waterway, gully, ravine or wash, in and including any adjacent area that is subject to inundation from overflow or flood water.

Q.

"Redevelopment" means, on an already developed site, the creation or addition of at least five thousand square feet of impervious surface, or the expansion of a building footprint or addition of a structure; structural development including an increase in gross floor area and/ or exterior construction or remodeling; and land disturbing activities related with structural or impervious surfaces that results in an increase of fifty percent of the impervious surface of a previously existing development.

R.

"Restaurant" means a stand-alone facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. (SIC code 5812).

S.

"Retail gasoline outlet" means any facility engaged in selling gasoline and lubricating oils.

T.

"Site" means any tract, lot or parcel of land or combination of tracts, lots, or parcels of land, which are in one ownership, or are contiguous and in diverse ownership where a development is to be performed as part of a unit, subdivision, or project.

U.

"Storm drain" means any pipe, conduit or sewer of the city designed or used for the disposal of storm and surface waters and drainage including unpolluted cooling water and unpolluted industrial process water, but excluding any community sanitary sewer system.

V.

"Stormwater management" means the collection, conveyance, storage, treatment and disposal of stormwater runoff to enhance and promote the public health, safety and general welfare.

W.

"Stormwater runoff management plan" means a document required pursuant to Section 18.140.070, describing how existing runoff characteristics will be affected by a land development project and containing measures for complying with the provisions of this ordinance.

X.

"Stormwater runoff" means water from rain, landscape irrigation, or other sources that flows over the land surface without entering the soil.

Y.

"Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process.

Z.

"Watercourse" means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any adjacent area that is subject to inundation from overflow or flood water.

AA.

"Water quality impact" means any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses that are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.140.030 - Applicability: Permanent storm water pollution prevention measures required.

A.

The provisions of this chapter shall apply to development or redevelopment of the following:

1.

One hundred thousand square feet commercial development.

2.

Automotive repair shops.

3.

Retail gasoline outlets.

4.

Restaurants.

5.

Hillside residential.

6.

Parking lots residential with ten or more units or greater than five thousand square feet of impervious area.

7.

Projects requiring a general NPDES permit for stormwater discharges associated with industrial activities.

8.

Impervious surfaces ten thousand or more square feet.

9.

Impervious surfaces within one hundred feet of receiving waters.

10.

Vehicle or equipment fueling, washing, or maintenance area.

11.

Commercial or industrial waste handling or storage, excluding typical office or household waste.

Development or redevelopment projects disturbing greater than or equal to one acre.

B.

No final building or occupancy permit shall be issued without the written certification of the chief engineer or designee that the requirements of this chapter have been satisfied.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.140.040 - Design standards and selection of best management practices.

Projects meeting the criteria of Section 18.140.030A, must meet the requirements of the following design standards and selection of best management practices:

A.

Stormwater best management practices shall be selected and designed to the satisfaction of the chief engineer or designee in accordance with the requirements contained in the most recent versions of the following documents:

1.

City of Morgan Hill stormwater post construction best management practices development standards for new development and redevelopment;

2.

California Storm Water Quality Association Best Management Practice Handbooks;

3.

City of Gilroy, city of Morgan Hill and county of Santa Clara Regional Stormwater Management Plan (SWMP), as approved by the Central Coast Regional Water Quality Control Board;

4.

City of Morgan Hill Hydro-modification Management Plan, as approved by the Central Coast Regional Water Quality Control Board;

Any conflict of BMPs from the above documents shall be approved by the chief engineer.

B.

Other references which can be used for selection of design BMPs to the satisfaction of the chief engineer or designee are:

1.

Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) "Guidance for Implementing Stormwater Regulations for New and Redevelopment Projects;"

2.

"Start at the Source Design Guidance Manual developed by the Bay Area Storm Water Management Agencies Association (BASMAA);

3.

Bay Area Stormwater Management Agencies Association "Using Site Design Standards to Meet Development Standards for Stormwater Quality - A Companion Document to Start at the Source".

C.

Design Standards for Structural or Treatment Control BMPs. The post-construction treatment control BMPs shall incorporate, at a minimum, either a volumetric or flow based treatment control design standard, or both, as identified below to mitigate (infiltrate, filter or treat) storm water runoff.

1.

Volumetric treatment control BMP — Treatment systems depending on volume capacity, such as detention/retention units or infiltration structures, shall be designed to treat stormwater runoff equal to:

a.

The maximized stormwater quality capture volume for the area, based on historical rainfall records, determined using the formula and volume capture coefficients set forth in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87, (1998), pages 175-178 (e.i. approximately the eighty-fifth percentile twenty-four-hour storm runoff event); or

b.

The volume of annual runoff required to achieve eighty percent or more capture, determined in accordance with the methodology set forth in Appendix D of the California Stormwater Best Management Practices Handbook for New Development and Redevelopment (2003), using local rainfall data; or

c.

The volume of runoff produced from a historical-record based reference twenty-four-hour rainfall criterion for "treatment" that achieves approximately the same reduction in pollutant loads achieved by the eightyfifth percentile twenty-four-hour runoff event.

2.

Flow-based treatment control BMP — Treatment BMPs whose primary mode of action depends on flow capacity, such as swales, sand filters, or wetlands, shall be sized to treat:

a.

The flow of runoff produced from a rain event equal to at least two times the eighty-fifth percentile hourly rainfall intensity for the area; or

b.

The flow of runoff produced from a rain event that will result in treatment of the same portion of runoff as treated using volumetric standards above.

D.

Design Standards for Peak Storm Water Runoff Discharge Rates. Post-development peak storm water runoff discharge rates shall not exceed the estimated pre development rate for developments where the increased peak storm water discharge rate will result in increased potential for downstream erosion.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Projects meeting the criteria of Section 18.140.030A must provide a stormwater runoff management plan. The stormwater runoff management plan shall detail how runoff and associated water quality impacts resulting from the activity will be controlled or managed by the project's post construction BMP designs.

B.

No building permit shall be issued until the stormwater runoff management plan has been reviewed and approved by the chief engineer or designee.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The stormwater runoff management plan shall include sufficient information to evaluate the environmental characteristics of affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures proposed for managing stormwater runoff. The minimum information submitted for support of the stormwater management plan shall meet the requirements as outlined in City of Morgan Hill Stormwater Post Construction Best Management Practices Development Standards for New Development and Redevelopment manual.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

The stormwater runoff management plan shall be prepared under the direction of a professional civil engineer registered in the state of California. The responsible professional civil engineer shall stamp and sign the approved stormwater runoff management plan.

B.

The chief engineer or designee may require a developer to provide a signed certification from the civil engineer responsible for preparing the stormwater runoff management plan that all stormwater best management practices have been designed to meet the requirements of this chapter.

C.

Each certifying civil engineer shall establish to the city's satisfaction that such person has been trained on the design of stormwater quality best management practices not more than three years prior to the certification signature date.

D.

Qualifying training shall be conducted by an organization with stormwater quality management expertise, such as a university, the Bay Area Stormwater Management Agencies Association, the American Society of Civil Engineers, the American Public Works Association, or the California Water Environment Association.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.140.080 - Stormwater BMP operation, maintenance, and replacement responsibility.

A.

For the life of projects meeting the criteria of Section 18.140.030A, all on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the city.

B.

Any repairs or restoration/replacement and maintenance shall be in accordance with city-approved plans.

C.

The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved stormwater runoff management plan.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.140.090 - Stormwater BMP operation and maintenance agreement.

A.

Prior to the issuance of any building permit requiring stormwater management BMPs, the owner(s) of the site shall enter into a formal written stormwater BMP operation and maintenance agreement with the city. The city shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs.

B.

The stormwater BMP operation and maintenance agreement shall require that the BMPs not be modified and that BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the city prior to the commencement of the proposed modification or maintenance activity.

C.

The stormwater BMP operation and maintenance agreement shall provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.140.100 - Stormwater BMP inspection responsibility.

A.

The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable party.

B.

Unless otherwise required by the chief engineer or designee, stormwater facility inspections shall be done at least twice per year, once in fall, in preparation for the wet season, and once in winter. Written records shall be kept of all inspections and shall include, at minimum, the following information:

1.

Site address;

2.

Date and time of inspection;

3.

Name of the person conducting the inspection;

4.

List of stormwater facilities inspected;

5.

Condition of each stormwater facility inspected;

6.

Description of any needed maintenance or repairs; and

As applicable, the need for site reinspection.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

On or before April 15th of each year, the party responsible for the operation and maintenance of on-site stormwater management facilities under the BMP operation and maintenance agreement shall provide the chief engineer or designee with records of all inspections, maintenance and repairs.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

If the responsible party fails or refuses to meet the requirements of the stormwater BMP operation and maintenance agreement, the authorized enforcement officer may give a thirty-day written notice to such responsible party under BMP operation and maintenance agreement to correct the failure and breach of contractual obligation.

B.

If such responsible party fails to correct such conditions, the city may take such remedies such provided in the BMP operation and maintenance agreement. Additionally, such conditions shall be deemed a nuisance subject to all procedures, abatement of such conditions and remedies as provided in Chapter 1.18 of this code.

C.

In the event the city determines that the violation constitutes an immediate danger to public health or public safety, twenty-four hours written notice from the city shall be sufficient in lieu of the thirty-day written notice required under Section 18.140.120A.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the authorized enforcement officer has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the authorized enforcement officer may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to storm water compliance provided that (i) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (ii) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. In the event the owner or occupant refuses entry after a request to

enter and inspect has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

B.

In any circumstance where there appears an immediate threat to the public health or safety, the authorized enforcement officer may enter any structure or premises without the consent of any person or court process.

C.

Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of storm water contamination, illicit discharges, discharges of non-storm water to the storm water system, or similar factors.

D.

The city shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During any inspection as provided herein, the authorized enforcement officer may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Whenever the authorized enforcement officer finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the authorized enforcement officer may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

A.

The performance of monitoring, analyses, and reporting;

B.

The elimination of illicit connections or discharges;

C.

That violating discharges, practices, or operations shall cease and desist;

D.

The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

E.

Payment of a fine to cover administrative and remediation costs; and

F.

The implementation of BMP, source control or treatment BMPs;

G.

Compliance with the stormwater runoff management plan and the BMP operation and maintenance agreement.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the city or a contractor designated by the authorized enforcement officer and the expense thereof shall be charged to the violator pursuant to Section 18.140.170.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Any person receiving a notice of violation under Section 18.140.140, above may appeal the determination of the authorized enforcement officer to the city manager. The notice of appeal must be received by the city manager within five days from the date of the notice of violation. Hearing on the appeal before the city manager or his/her designee shall take place within fifteen days from the date of city's receipt of the notice of appeal. The decision of the city manager or designee shall be final.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal under Section 18.140.150, within ten days of the decision of the city manager upholding the decision of the authorized enforcement officer, then the city or a contractor designated by the authorized enforcement officer may enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or designated contractor to enter upon the premises for the purposes set forth above.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Within thirty days after abatement of the nuisance by city, the authorized enforcement officer shall notify the property owner of the property of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the city clerk within fifteen days. The city clerk shall set the matter for public hearing by the city council. The decision of the city council shall be set forth by resolution and shall be final.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The authorized enforcement officer is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the authorized enforcement officer, the city is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent city from seeking other and further relief authorized under this chapter.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A violation of or failure to comply with any of the requirements of this chapter shall constitute a misdemeanor and shall be punished as set forth in Chapter 1.24 of this code.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the authorized enforcement officer may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the city at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the city pursuant to Chapter 1.18 of this code.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.140.220 - Acts potentially resulting in a violation of the Federal Clean Water Act and/or California PorterCologne Act.

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.140.230 - Fees set by resolution.

The city council shall establish, by resolution, any fees necessary to carry out the purpose of this chapter.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Chapter 18.144 - SCHOOL IMPACTION