San Jose Municipal Code Part 3 Off-Site Storm Water Treatment

No person shall place, construct or operate, or permit the placement, construction, or operation, of any off-site storm water runoff treatment facility on a site without first obtaining a special use permit issued in accordance with the provisions set forth in Chapter 20.100 of this title.

(Ord. 26995.)

A. An applicant for a special use permit to allow the placement, construction or operation of off-site storm water runoff treatment facilities shall, in addition to all other special use permit requirements, declare under penalty of perjury that the off-site storm water runoff treatment facilities sought for placement, construction or operation under the special use permit will at all times be maintained in full conformance with each and every one of the criteria and standards set forth in this part.

B. A special use permit to allow an off-site storm water runoff treatment facility shall not be issued unless the director first determines that all of the applicable criteria and standards set forth in this part are or can be met at the time of issuance of the permit.

(Ord. 26995.)

A. Any off-site storm water runoff treatment facility that may be permitted with a special use permit shall meet the standards and criteria set forth below; provided, however, that the director, or planning commission on appeal, may modify such standards and criteria or impose stricter standards or criteria upon a finding that such modifications are reasonably necessary in the director's or commission's determination in order to implement the purposes of this title and, more specifically, the purposes of this part set forth in Section 20.95.010 above.

B. The standards and criteria for off-site storm water runoff treatment facilities are as follows:

1. The off-site storm water runoff treatment facilities shall be designed in conformance with City Council Policy No. 6-29, entitled "City Council Policy on Post Construction Urban Runoff Management," and in conformance with the provisions of Chapter 20.100 of this title.

2. Prior to the issuance of any public works clearance, a covenant of easement for ingress/egress and operation and maintenance purposes to be maintained in perpetuity shall be recorded by the applicant and the property owner on the subject property on which the off-site storm water runoff treatment facility is located, with all necessary subordinations to the satisfaction of the director of planning and the director of public works.

3. The applicant shall be responsible for operating and maintaining the off-site storm water runoff treatment in accordance with the conditions of the special use permit.

(Ord. 26995.)