§ 14.26.110. Post-construction permanent best management practices.

A.

Post-construction, permanent stormwater BMPs that prevent the discharge of pollutants into the MS4 and receiving waters to the maximum extent practicable are required for the following:

1.

Development of one acre or more.

2.

Development of less than one acre if the development is part of a larger common plan of development, or sale that would disturb one or more acres, even though multiple, separate and distinct land development activities may take place at different times on different schedules.

3.

A development of any size if the city determines that the stormwater discharge from the development could have a detrimental effect on an adjacent watercourse or wetlands, or could result in pollutants being discharged to the MS4 that would adversely affect public health or the environment.

B.

Post-construction BMPs, both structural and nonstructural, shall be owned, operated and maintained in perpetuity by the property owner, in a manner that allows them to function properly at their design capacity or intent, unless or until the city relieves the property owner of that responsibility in writing. It is illegal to fail to own, operate, and maintain the permanent BMPs in accordance with the requirements of this chapter or a permit issued hereunder.

C.

The obligation to own, operate, and maintain post-construction permanent BMPs shall be memorialized on the subdivision plat, annexation plat, development agreement or other instrument in a form acceptable to the city and shall be recorded in the office of the county clerk and recorder.

D.

Before post-construction permanent BMPs are placed into operation, the owner shall obtain a permit for ongoing operation of the post-construction BMPs per section 14.26.120 of this chapter. The permit will include terms and conditions for operation and maintenance of the post-construction permanent BMPs.

(Ord. No. O-2011-58, § 1, 8-23-2011; Ord. No. O-2012-83, § 7, 12-4-2012)