13.08.120 Requirements for construction projects.
(1) No grading permit shall be issued for developments with disturbed areas of five acres or greater unless the applicant can show that (a) a notice of intent (NOI) to comply with the state construction activity storm water permit has been filed and (b) a storm water pollution prevention plan (SWPPP) has been prepared.
Prior to issuing a grading permit for all projects less than five acres requiring coverage under a statewide general construction storm water permit, proof of a waste discharger identification (WDID) number for filing a notice of intent (NOI) for permit coverage and a certification that a SWPPP has been prepared by the project developer shall be required. A local SWPPP may substitute for the state SWPPP if the local SWPPP is at least as inclusive in controls and BMPs as the state SWPPP.
(2) The following requirements shall apply to all projects undergoing construction in the city. The requirements set forth below shall apply at the time of demolition of an existing structure or commencement of construction until receipt of a certificate of occupancy.
(a) Sediment, construction waste and other pollutants from construction sites and parking areas, including runoff from equipment and vehicle washing at construction sites, shall be retained on the site to the maximum extent practicable.
(b) Any sediment or other materials that are not retained on the site shall be removed the same day as they leave the site. Where determined by the director of public works or his or her designated representative, a temporary sediment barrier shall be installed.
(c) On an emergency basis only, plastic covering may be utilized to prevent erosion of an otherwise unprotected area, along with runoff devices to intercept and safely convey the runoff.
(d) Excavated soil shall be located on the site in a manner that minimizes the amount of sediments running into the street or adjoining properties. Soil piles shall be covered until the soil is used or removed.
(e) No washing of construction or other industrial vehicles shall be allowed adjacent to a construction site. No water from washing of vehicles on a construction site is allowed to run off into the city’s storm drain system.
(f) Drainage controls shall be utilized as needed, depending on the extent of proposed grading and topography of the site, including but not limited to the following:
(i) Detention ponds, sediment ponds, or infiltration pits.
(ii) Dikes, filter berms or ditches.
(iii) Down drains, chutes or flumes.
(3) The city may, as a condition of granting a construction permit, set forth reasonable limits on the clearing of vegetation from construction sites, including, but not limited to, regulating the length of time during which soil may be bare, and in certain cases, prohibiting bare soil.
(4) Owners and developers of construction sites should refer to the most recent edition of the Construction Best Management Practices Handbook, produced and published by the Storm Water Quality Task Force, for specific guidance on selecting best management practices for reducing pollutants in storm water discharges from construction activities.
(5) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement officer has reasonable cause to believe that there exists on any construction site any condition which constitutes a violation of the provisions of this chapter, the officer may, upon consent or upon obtaining an inspection warrant, enter such construction site at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter.
(6) The following projects for new development and redevelopment shall require a storm water mitigation plan (SWMP) that complies with the most recent SUSMP and the current NPDES permit:
(a) Ten or more unit homes (including single-family homes, multifamily homes, condominium, and apartments);
(b) Industrial/commercial projects that disturb one acre or more of surface area;
(c) Automotive service facilities (SIC 5013, 5014, 5541, 7532 through 7534, and 7536 through 7539);
(d) Retail gasoline outlets;
(e) Restaurants (SIC 5812);
(f) Parking lots (5,000 square feet or more of surface area or with 25 or more parking spaces);
(g) Redevelopment projects in subject categories that meet redevelopment thresholds; and discharging directly into an environmentally sensitive area where the development will (i) discharge storm water and urban runoff that is likely to impact a sensitive biological species or habitat and (ii) create 2,500 square feet or more of impervious surface area.
(7) Project Plans to Address SUSMP.
(a) An applicant for a new development or redevelopment project identified in subsection (1) of this section shall incorporate into the project plans a SWMP, which includes BMPs necessary to control storm water pollution from construction activities and facility operations, as set forth in the SUSMP applicable to the applicant’s project. Structural or treatment control BMPs (including, as applicable, post-construction treatment control BMPs) set forth in project plans shall meet design standards set forth in the SUSMP and the current municipal NPDES permit.
(b) Applicants shall design and provide for implementation of post-construction treatment controls to mitigate storm water pollution for the following categories of projects:
(i) Ten or more unit homes (including single-family homes, multifamily homes, condominium, and apartments);
(ii) Industrial/commercial projects that disturb one acre or more of surface area;
(iii) Automotive service facilities (SIC 5013, 5014, 5541, 7532 through 7534, and 7536 through 7539) [5,000 square feet or more of surface area];
(iv) Retail gasoline outlets [5,000 square feet or more of impervious surface area and with projected average daily traffic (ADT) of 100 or more vehicles]. Subsurface treatment control BMPs which may endanger public safety are considered not appropriate;
(v) Restaurants (SIC 5812) [5,000 square feet or more of surface area];
(vi) Parking lots (5,000 square feet or more of surface area or with 25 or more parking spaces);
(vii) Projects located in, adjacent to or discharging directly to an environmentally sensitive area that meet threshold conditions identified in paragraph (g)(7); and
(viii) Redevelopment projects in subject categories that meet redevelopment thresholds.
(c) For new developments or redevelopments projects not requiring SUSMPs, but which may potentially have adverse impacts on post-development storm water quality, a site-specific plan including post-construction treatment controls to mitigate storm water quality, a site-specific plan including post-construction treatment controls to mitigate storm water pollution shall be required where one or more of the following project characteristics exist:
(i) Vehicle or equipment fueling areas;
(ii) Vehicle or equipment maintenance areas, including washing and repair;
(iii) Commercial or industrial waste handling or storage;
(iv) Outdoor handling or storage of hazardous materials;
(v) Outdoor manufacturing areas;
(vi) Outdoor food handling or processing;
(vii) Outdoor animal care, confinement, or slaughter; or
(viii) Outdoor horticulture activities.
(d) A SWMP or site-specific plan, including post-construction storm water mitigation, shall be required for all projects that undergo significant redevelopment in their respective categories. Where redevelopment results in an alteration to more than 50 percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-development storm water quality control requirements, the entire project must be mitigated. Where redevelopment results in an alteration to less than 50 percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. Existing single-family structures are exempt from the redevelopment requirements.
(e) No discretionary permit may be issued for any new development or redevelopment project until the director finds that the project plans comply with the applicable SUSMP requirements. As a condition for issuing a certificate of occupancy for a new development or redevelopment project, the director shall require the applicant, facility operators and/or owners, as appropriate, to construct all storm water pollution control BMPs and structural or treatment control BMPs shown on the approved project plans and submit a signed certification stating that the project site and all structural or treatment control BMPs will be maintained in compliance with the SUSMP and other applicable regulatory requirement until responsibility for such maintenance is legally transferred. The applicant, facility operators and/or owners shall also provide, as requested by the director, any other legally enforceable agreement that assigns responsibility for the maintenance of post-construction structural or treatment control BMPs.
(f) Transfer of Properties Subject to Structural and Treatment Control BMP Maintenance.
(i) The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMPs shall include conditions requiring the transferee and its successors and assigns to either (A) assume responsibility for maintenance of any existing structural or treatment control BMP; or (B) to replace any existing structural or treatment control BMP with new control measures or BMPs meeting the then-current standards of the city and the SUSMP. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMPs at least once a year and retain proof of such inspections.
(ii) Conditions, covenants and restrictions for residential properties where structural or treatment control BMPs are located that are to be maintained by a homeowners’ association shall provide for maintenance of the structural or treatment control BMPs by a homeowners’ association; if such BMPs are to be maintained by individual property owners, a written explanation of the maintenance responsibility shall be included with any deed transferring title to said individual property as well as being attached to the conditions, covenants and restrictions for the property.
(iii) If property on which structural or treatment control BMPs are located is to be dedicated to a public agency, the public agency shall provide a signed statement that the agency assumes responsibility for such BMPs and that the BMPs meet all local agency design standards.
(8) Routine or area inspections shall be based upon such reasonable selection process 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, discharges of non-storm water to the city’s storm drain system, discharges which are not pursuant to an NPDES permit or similar factors.
(9) The violation of this section shall constitute an infraction punishable as provided in Chapter 1.36 CMC. Each day that a violation occurs shall constitute a separate offense.
(10) A violation of any provision of this section is declared a public nuisance, and the city attorney is authorized to abate such violation(s) by means of a civil action.
(11) The penalties and remedies established by this section shall be cumulative. (Ord. U589 §§ 3, 4, 2003; Ord. 567 § 1. 2002 Code § 11-2.12).