San Jose Municipal Code Part 2 Storm Water Runoff Treatment Requirements

A. Design Requirements. Whenever the creation, on or above ground through installation, construction, or replacement of impervious surface will occur as part of a proposed development of real property, that development shall be designed, comply, and be maintained in conformance with "City Council Policy 6-29 Post-Construction Urban Runoff Management," and in conformance with the provisions of this chapter and Chapter 20.100 of this title, all as the same may be amended from time to time.

B. Demolition. Whenever a proposed project of real property requires the demolition of a structure, that project shall comply with City Council Policy 6-28, Management of Pollutants During the Demolition of Applicable Projects and all other requirements of federal and state law, rule, or regulation, and this Code.

(Ords. 26995, 28301, 28977, 30906.)

A. All storm water runoff treatment measures installed on property shall be permanently maintained by the property owner in good repair and free of litter and debris, obstructions, and stored materials.

B. All owners of property on which a storm water treatment measure has been installed pursuant to the requirements of this chapter shall retain, and make available for inspection and copying, all records of inspection and maintenance activities performed on the installed storm water treatment measure within the five years immediately preceding the demand for such records by any representative of city.

C. It shall be unlawful for any person to alter, remove fail to maintain, or to cause, allow or permit alteration, removal or failure to maintain a storm water treatment measure that has been installed pursuant to the requirements of this chapter, except pursuant to an adjustment to the development permit for the project if the development permit required installation of the storm water treatment measure, or pursuant to an administrative permit issued for the removal or alteration of the storm water treatment measure, if the measure was not installed pursuant to a development permit. The criteria for granting an adjustment or administrative permit shall be that an alternate means of providing equivalent storm water treatment will be provided.

(Ords. 26995, 28977.)