Pomona Municipal Code § 74-333 Maintenance agreement required

(a) All stormwater plans shall be subject to review and approval by the city engineer.

(1) If the proposed plan is not sufficient as originally submitted, the city engineer, or his/her designee, will notify the applicant in writing, setting forth the reasons for withholding a recommendation or approval, and will state the changes necessary to obtain approval.

(2) If staff determines that all of the required information has not been received, the proprietor may request additional time to allow for the submittal of the required information.

(3) If all of the required information has been received, staff shall recommend approval, recommend approval with conditions, or recommend denial of the stormwater plan.

(b) If the plan is approved, the city will require the following:

(1) The applicant will provide copies of all necessary state, federal, or local permits relating to the project for stormwater management to the city.

(2) A satisfactory maintenance covenant agreement that assures long-term maintenance of all drainage improvements shall be submitted as part of the final plan. The maintenance covenant shall include a listing of the BMPs, locations, and required maintenance frequency. The property owner shall be required to document proper maintenance and operations and maintain records for a period of two years. Maintenance agreements and records shall be provided upon request to the city inspector at any time for compliance verification. Failure to do so will result in enforcement actions per the City Code. The approved covenant shall be recorded with the Los Angeles County registrar-recorder/county clerk prior to issuance of occupancy.

(3) A satisfactory maintenance covenant shall at a minimum include the developer's signed statement accepting responsibility for maintenance until the responsibility is legally transferred, and either:

• A signed statement from the public entity assuming responsibility for BMP maintenance; or

• Written conditions in the sales or lease agreement, which require the property owner or tenant to assume responsibility for BMP maintenance and conduct a maintenance inspection at least once a year; or

• Written text in project covenants, conditions, and restrictions (CCRs) for residential properties assigning BMP maintenance responsibilities to the home owners association (HOA). Residential development with HOAs shall include a stormwater pollution prevention plan and compliance elements in the CCRs.

(Ord. No. 4185, § 1, 6-2-2014)

Fees and escrow account payments shall be sufficient to cover administrative and technical review costs anticipated to be incurred by the city including the costs of on-site inspections.

(Ord. No. 4185, § 1, 6-2-2014)

(a) Maintenance agreement required. A maintenance agreement shall be submitted to the city for review by the city engineer and his/her designee, and if necessary, city attorney. The designers may select any combination of stormwater BMPs which meet the performance standards provided in this section and identified in the Los Angeles County Municipal Storm Water Permit No. R-2012-0175 and any amendment, revision, or reissuance thereof. A formal maintenance plan shall be included in the maintenance agreement.

(b) Purpose of the maintenance agreement is to provide the means and assurance that maintenance of stormwater BMPs shall be undertaken.

(c) Maintenance agreement provisions:

(1) The maintenance agreement shall include a plan for routine, emergency, and long-term maintenance of all stormwater BMPS, with a detailed annual estimated budget for the initial two years, and a clear statement that only future maintenance activities in accordance with the maintenance agreement plan shall be permitted without the necessity of securing new permits. Written notice of the intent to proceed with maintenance not within the scope of the maintenance agreement plan shall be provided by the party responsible for maintenance to the City of Pomona at least 14 days in advance of commencing work.

(2) The maintenance agreement and all its covenants shall be binding on all subsequent owners of land served by the stormwater BMPs.

(3) If it has been found by the city, following notice and an opportunity to be heard by the property owner, that there has been a material failure or refusal to undertake maintenance as required under this article and/or as required in the approved maintenance agreement as required hereunder, the city shall abate such violations, as a public nuisance, pursuant to the procedures set forth in chapter 18 of the Municipal Code.

(d) A fully executed "Maintenance covenant for permanent BMPs requirements" shall be recorded with the Los Angeles County registrar-recorder/county clerk and submitted to the public works department prior to the certificate of occupancy. Covenant documents shall be required to include exhibits that detail all of the installed treatment control devices as well as any site design or source control BMPs for post construction. The information to be provided on this exhibit shall include, but not be limited to:

• 8½"x11" exhibits with record property owner information.

• Types of BMPs (i.e., site design, source control, and/or treatment control) to ensure modifications to the site are not conducted without the property owner being aware of the ramifications to BMP implementation.

• Clear depicting of location of BMPs, especially those located below ground.

• A matrix depicting the types of BMPs, frequency of inspection, type of maintenance required, and if proprietary BMPs, the company information to perform the necessary maintenance.

• Agreement to retain documentation of proper maintenance records for a period of two years plus current year.

• Understanding the documentation of proper maintenance must be presented to the city upon request.

(Ord. No. 4185, § 1, 6-2-2014)