Chapter 16.104 PROVIDING PROOF OF ONGOING BMP MAINTENANCE

Chapter 16.104
PROVIDING PROOF OF ONGOING BMP MAINTENANCE

Sections:

16.104.010 Maintenance mechanism to be in place before acceptance.

Structural BMPs shall not be considered “effective,” and shall not be accepted as meeting the MEP standard, unless a mechanism is in place that will ensure ongoing long-term maintenance of all structural BMPs. As part of project review, if a project proponent is required to include interim or permanent structural BMPs in project plans, and if the Director of Development Services does not provide a mechanism for BMP maintenance, the project proponent shall provide verification of maintenance requirements through such means as may be appropriate, at the discretion of the Director of Development Services, including, but not limited to covenants, legal agreements, maintenance agreements, and/or conditional use permits. (Ord. 702 § 12, 2010; Ord. 569 § 2, 2002. Formerly 16.108.010)

16.104.020 Maintenance mechanisms.

A. Public Entity Maintenance. The City Council may approve a public or acceptable quasi-public entity (e.g., the County Flood Control District, or annex to an existing assessment district, an existing utility district, a State or Federal resource agency, or a conservation conservancy) to assume responsibility for maintenance, repair and replacement of the BMP. Unless acceptable to the City Council, public entity maintenance agreements shall ensure estimated costs are front-funded or reliably guaranteed (for example, through a trust fund, assessment district fees, bond, letter of credit or similar means). In addition, the City Council may seek protection from liability by appropriate releases and indemnities. The City Council shall have the authority to approve stormwater BMPs proposed for transfer to any other public entity within its jurisdiction before installation. The City Council shall be involved in the negotiation of maintenance requirements with any other public entities accepting maintenance responsibilities within their respective jurisdictions, and in negotiations with the resource agencies responsible for issuing permits for the construction and/or maintenance of the facilities. The City Council must be identified as a third party beneficiary empowered to enforce any such maintenance agreement within their respective jurisdictions.

B. Project Proponent Agreement to Maintain Stormwater BMPs. The City Council may enter into a contract with the project proponent obliging the project proponent to maintain, repair and replace the stormwater BMP as necessary into perpetuity. Security may be required.

C. Assessment Districts. The City Council may approve an Assessment District or other funding mechanism created by the project proponent to provide funds for stormwater BMP maintenance, repair and replacement on an ongoing basis. Any agreement with such a district shall be subject to the public entity maintenance provisions above.

D. Lease Provisions. In those cases where the City holds title to the land in question, and the land is being leased to another party for private or public use, the City Council may assure stormwater BMP maintenance, repair and replacement through conditions in the lease.

E. Conditional Use Permits. For discretionary projects only, the City Council may assure maintenance of stormwater BMPs through the inclusion of maintenance conditions in the conditional use permit. Security may be required.

F. Alternative Mechanisms. The City Council may accept alternative maintenance mechanisms, if such mechanisms are as protective those listed above. (Ord. 702 § 12, 2010; Ord. 671 § 66, 2008; Ord. 569 § 2, 2002. Formerly 16.108.020)

16.104.030 Verification mechanisms.

A. For discretionary projects, the City approved method of stormwater BMP maintenance shall be incorporated into the project’s permit, and shall be consistent with permits issued by resource agencies, before City approval of discretionary permits.

B. For projects requiring only ministerial permits, the approved method of stormwater BMP maintenance shall be incorporated into the permit conditions before the issuance of any ministerial permits.

C. In all instances, the project proponent shall provide proof of execution of an approved method of maintenance repair and replacement before the issuance of construction approvals.

D. Public projects that are not required to obtain permits shall be responsible for ensuring that an approved method of stormwater BMP maintenance repair and replacement is executed prior to the commencement of construction.

E. For all properties, the verification mechanism will include the project proponent’s signed statement, as part of the project application, accepting responsibility for all structural BMP maintenance, repair and replacement, until a City approved entity agrees to assume responsibility for structural BMP maintenance, repair and replacement.

F. The party responsible for the structural BMP maintenance shall provide to the City annual written verification of effective operation and maintenance of each approved treatment control BMP. (Ord. 702 § 12, 2010; Ord. 671 § 67, 2008; Ord. 569 § 2, 2002. Formerly 16.108.030)

16.104.040 Maintenance requirements.

A. Operation and Maintenance (O&M) Plan. A copy of an operation and maintenance (O&M) plan, prepared by the project proponent and satisfactory to the Director of Development Services, shall be attached to the approved maintenance agreement, which describes the designated responsible party to manage the stormwater BMP(s), employees’ training program and duties, operating schedule, maintenance frequency, routine service schedule, specific maintenance activities, copies of resource agency permits, and any other necessary activities. At a minimum, maintenance agreements shall require the inspection and servicing of all structural BMPs on an annual basis. The project proponent maintenance entity shall complete and maintain O&M forms to document all maintenance requirements. Parties responsible for the O&M plan shall retain records for at least five years. These documents shall be made available to the City for inspection upon request at any time.

B. Access Easement/Agreement. As part of the maintenance mechanism selected above, it shall include a copy of an executed access easement that shall be binding on the land throughout the life of the project, until such time that the stormwater BMP requiring access is replaced, satisfactory to the Director of Development Services. (Ord. 702 § 12, 2010; Ord. 671 § 68, 2008; Ord. 569 § 2, 2002. Formerly 16.108.040)