This chapter shall be known as the "City of La Verne Low Impact Development (LID) Ordinance" and may be so cited.
(Ord. 1047 § 1, 2014)
It is the purpose of this chapter to establish minimum stormwater management requirements and controls to accomplish the following objectives:
A.
Lessen the water quality impacts of development by using smart growth practices such as compact development, directing development toward existing communities via infill or redevelopment, and safeguarding of environmentally sensitive areas.
B.
Minimize the adverse impacts from stormwater runoff on the biological integrity of natural drainage systems and the beneficial uses of water bodies.
C.
Minimize the percentage of impervious surfaces on land developments by minimizing soil compaction during construction, designing projects to minimize the impervious area footprint, and employing low impact development (LID) design principles to mimic predevelopment hydrology through infiltration, evapotranspiration and rainfall harvest and use.
D.
Maintain existing riparian buffers and enhance riparian buffers when possible.
E.
Minimize pollutant loadings from impervious surfaces such as roof tops, parking lots, and roadways through the use of properly designed, technically appropriate best management practices (BMPs), (including source control BMPs such as good housekeeping practices), LID strategies, and treatment control BMPs.
F.
Properly select, design and maintain LID and hydromodification control BMPs to address pollutants that are likely to be generated, reduce changes to pre-development hydrology, assure long-term function, and avoid the breeding of vectors.
G.
Prioritize the selection of BMPs to remove stormwater pollutants, reduce stormwater runoff volume, and beneficially use stormwater to support an integrated approach to protecting water quality and managing water resources in the following order of preference:
(Ord. 1047 § 1, 2014)
The city of La Verne hereinafter referred to as "city" finds that:
A.
Water bodies, roadways, structures, and other property within and downstream of the city are at times subject to flooding.
B.
Land development alters the hydrologic response of watersheds, resulting in increased stormwater runoff rates and volumes, increased flooding, increased stream channel erosion, increased sediment transport and deposition, and increased nonpoint source pollutant loading to the receiving water bodies.
C.
Stormwater runoff produced by land development contributes to increased quantities of waterborne pollutants.
D.
Increased stormwater runoff, soil erosion, and non-point source pollution have occurred as a result of land development, and have impacted the water resources of the San Gabriel River Watershed.
E.
Increased stormwater runoff rates and volumes and the sediments and pollutants associated with stormwater runoff from future development projects within the city have the potential, absent proper regulation and control, to adversely affect water bodies and water resources within the city, and those downstream.
F.
Stormwater runoff, soil erosion, and non-point source pollution can be controlled and minimized by the regulation of stormwater runoff from development.
G.
Adopting the standards, criteria, and procedures contained in this chapter and implementing the same will address many of the deleterious effects of stormwater runoff.
(Ord. 1047 § 1, 2014)
Except as specifically provided herein, any term used in this chapter shall be defined as that term in the current municipal NPDES permit, or if it is not specifically defined in either the municipal NPDES permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated therein. If the definition of any term contained in this chapter conflicts with the definition of the same term in the current municipal NPDES permit, then the definition contained in the municipal NPDES permit shall govern. The following words and phrases shall have the following meanings when used in this chapter.
means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, permittees need not inspect facilities with SIC codes 5013, 5014, 5511, 5541, provided that these facilities have no outside activities or materials that may be exposed to stormwater.
means the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994 and subsequent amendments.
means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters, or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water.
means a LID BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term "biofiltration" as used in this chapter is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the Regional Board's Executive Officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales.
means a LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the soil. As defined in the municipal NPDES permit, a bioretention BMP may be designed with as overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated by the municipal NPDES permit as biofiltration.
means a LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed to collect stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes.
means the city of La Verne.
means the city engineer for the city of La Verne.
means the city inspector for the city of La Verne.
means the Federal Water Pollution Control Act enacted in 1972, by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to waters of the United States unless the discharge is in accordance with an NPDES permit.
means any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers.
means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line of grade, hydraulic capacity, or original purposes of the facility. See "Routine maintenance" definition for further explanation. Where clearing, grading, or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage by the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Stormwater Discharges Associated with Construction Activities is required if more than one acre is disturbed or the activities are part of a larger plan.
means to minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities.
means a storm drain, pipe, swale, or channel used to collect and direct stormwater.
means the registered professional engineer responsible for the design of the stormwater management plan.
means a system, which is designed to capture stormwater and release it over a given period of time through an outlet structure at a controlled rate.
means construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit, or planned unit development); industrial, commercial, retail, and other non-residential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.
means situated within two hundred feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area.
means the director of public works for the city of La Verne.
means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance.
means an area that is altered as a result of clearing, grading, and/or excavation.
means a scaled drawing or plan and accompanying text prepared by a registered engineer or landscape architect which shows alteration of topography, alterations of watercourses, flow directions of stormwater runoff, and proposed stormwater management and measures which are prepared to ensure that the objectives of this chapter are met.
means modular, vault type "high flow biotreatment" devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain.
means the latest general NPDES permit adopted by the State Board, which authorizes the discharge of stormwater from construction activities under certain conditions.
means the latest general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from certain industrial activities under certain conditions.
means any stripping, excavation, filling, and stockpiling of soil or any combination thereof and the land in its excavated or filled condition.
means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall that is intercepted by vegetation leaves through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof systems planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain.
means any material(s) defined as hazardous by Division 20, Chapter 6.95 of the California Health and Safety Code.
means a property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes.
means the alteration of a natural drainage system through a change in the system's flow characteristics.
means any man-made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth.
means land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industrial uses.
means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in-situ soils or amended onsite soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement.
means low impact development. LID consists of building and landscape features designed to retain or filter stormwater runoff.
means the extent, which the city can reduce, the discharge of pollutants in stormwater runoff. MEP requires selecting and implementing effective BMPs, and rejecting applicable BMPs only where: other effective BMPs will serve the same purpose, the BMPs would not be technically feasible, or the cost would be prohibitive. Factors considered include, but are not limited to:
Effectiveness.
Whether the BMP addresses a pollutant of concern.
Regulatory Compliance.
Whether the BMP complies with stormwater regulation, as well as other environmental regulations.
Public Acceptance.
Whether the BMP has public support.
Cost.
Whether the cost of implementing the BMP has a reasonable relationship to the pollution control benefits achieved.
Technical Feasibility.
Whether the BMP is technically feasible, considering soils, geography, and water resources.
means municipal separate storm sewer system (MS4). The MS4 is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):
Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as sewer districts, flood control district or drainage districts, or similar entity, or an Indian Tribe or an authorized Indian Tribal Organization, or a designated and approved management agency under Section 208 of the CWA that discharges to waters of the United States;
Designed or used for collecting stormwater;
Which is not a combined sewer; and
Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR Section 122.2.
means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Sections 307, 402, 318, and 405. The term includes an "approved program."
means a drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system.
means land disturbing activities, structural development, including construction or installation of a building or structure, creation of impervious surfaces, and land subdivision.
means any discharge to a municipal storm drain system that is not composed entirely of stormwater.
means land area or facility for the parking or storage of motor vehicles used for business, commerce, industry, or personal use, with a lot size of five thousand square feet or more of surface area, or with twenty-five or more parking spaces.
means development projects subject to permittee conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution prior to completion of the project(s).
means any "pollutant" defined in Section 502(6) of the Federal Clean Water Act or incorporated into the California Water Code Section 13373. Pollutants may include, but are not limited to, the following:
Commercial and industrial waste such as: fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge.
Metals such as: cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metals such as phosphorus and arsenic.
Petroleum hydrocarbons such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease.
Excessive eroded soil, sediment, and particulate materials in amounts that may adversely affect the beneficial use of the receiving waters, flora, or fauna of the state.
Animal wastes such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities.
Substances having characteristics such as pH less than 6 or greater than 9, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.
means all development, redevelopment, and land disturbing activities. The term is not limited to "project" as defined under CEQA.
means the city of La Verne public works department.
means a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses.
means "water of the United States" into which waste and/or pollutants are or may be discharged.
means land-disturbing activity that results in the creation, addition, or replacement of five thousand square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of routine maintenance activity; and land disturbing activity related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of a facility, nor does it include emergency construction activities required to immediately protect public health and safety.
means the California Regional Water Quality Control Board, Los Angeles Region.
means any facility engaged in selling gasoline and lubricating oils.
means a holding system for stormwater, either natural or man-made, which does not have an outlet to adjoining watercourses or wetlands, and in which water is removed through infiltration and/or evaporation processes.
means projects that may include, but are not limited to:
Maintaining the original line and grade, hydraulic capacity, or original purpose of the facility.
Performing as needed restoration work to preserve the original design grade, integrity, and hydraulic capacity of flood control facilities.
Maintaining road shoulders, regarding dirt or gravel roadways and shoulders and performing ditch cleanouts.
Updating existing lines[1] and facilities to comply with applicable codes, standards, and regulations regardless if such project results in increased capacity.
Repairing leaks from lines and facilities.
Routine maintenance does not include construction of new lines[2] or facilities resulting from compliance with applicable codes, standards and regulations. |
means mineral or organic matter that has been removed from its site of origin by the process of soil erosion, is in suspension in water, or is being transported.
means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity. Areas are designated as SEAs, if they possess one or more of the following criteria:
The habitat of rare, endangered, and threatened plant and animal species.
Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis.
Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County.
Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County.
Biotic resources that are of scientific interest because they are either extreme in physical/geographical limitations, or represent an unusual variation in population or community.
Areas important as game species habitat or as fisheries.
Areas that would provide for preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County.
Special areas.
means land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity.
means any facilities or any part of those facilities, including streets, gutters, conduits, natural or artificial drains, channels, and watercourses that are used for the purpose of collecting, storing, transporting, or disposing of stormwater and are located within the city.
means water that originates from atmospheric moisture (rain or snow) and that falls onto land, water, or other surfaces. Without any change in its meaning, this term may be spelled or written as one word or two separate words.
means that part of precipitation (rainfall or snowmelt) which travels across a surface to the storm drain system or receiving waters.
means the Los Angeles Countywide Standard Urban Stormwater Mitigation Plan. The SUSMP was required as part of the previous Municipal NPDES permit Order No. 01-183, NPDES No. CAS004001, and required plans that designate best management practices (BMPs) that must be used in specified categories of development projects.
means surface water flow produced by storm and non-storm events. Non-storm events include flow from residential, commercial, or industrial activities involving the use of potable and nonpotable water.
means any of the volumetric or flow rate based design storm events for water quality BMPs identified in the NPDES permit for the county of Los Angeles.
(Ord. 1047 § 1, 2014)
For purposes of this chapter, the following rule of construction applies:
Terms not specifically defined in this chapter shall have the meaning customarily assigned to them.
(Ord. 1047 § 1, 2014)
These procedures and standards set forth in this chapter and the BMP design information found in the Los Angeles County Municipal Storm Water Permit Order No. R4-2012-0175, and any amendment, revision, or reissuance thereof provide minimum standards to be complied with by developers and in no way limit the authority of the city to adopt or publish and/or enforce higher standards as a condition of approval of developments.
A.
New Development Projects. Development projects subject to city conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution prior to completion of the project(s) include:
1.
All development projects equal to one acre or greater of disturbed area and adding more than ten thousand square feet of impervious surface area.
2.
Industrial parks ten thousand square feet or more of surface area.
3.
Commercial malls ten thousand square feet or more of surface area.
4.
Retail gasoline outlets five thousand square feet or more of surface area.
5.
Restaurants five thousand square feet or more of surface area.
6.
Parking lots five thousand square feet or more of impervious surface area, or with twenty-five or more parking spaces.
7.
Public and private street and road construction of ten thousand square feet or more of impervious surface area shall follow the city's Green Streets Policy to the maximum extent practicable. Street and road construction applies to streets, roads, highways, and freeway projects, and also applies to streets within larger projects.
8.
Automotive service facilities (as referenced by standard industrial classifications in the Los Angeles County Municipal Storm Water Permit Order No. R4-2012-0175, and any amendment, revision, or reissuance thereof) five thousand square feet or more of surface area.
9.
Redevelopment projects in subject categories that meet redevelopment thresholds identified in subsection B (Redevelopment projects).
10.
Projects located in or within two hundred feet of, or discharge directly to a significant ecological area (SEA), where the development will:
11.
Single-family hillside homes. During the construction of a single-family hillside home, the following measures shall be considered to the maximum extent practicable:
a.
Conserve natural areas.
b.
Protect slopes and channels.
c.
Provide storm drain system stenciling and signage.
d.
Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability.
e.
Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability.
B.
Redevelopment Projects. Redevelopment projects subject to conditioning and approval requirements outlined in this chapter for the design and implementation of post-construction controls to mitigate stormwater pollution prior to completion of the project(s) include:
1.
Land-disturbing activity that results in the creation or addition or replacement of five thousand square feet or more of impervious surface area on an already developed site.
2.
Redevelopment projects that result in an alteration to more than fifty percent of impervious surfaces of an existing development which had not been subject to post-construction stormwater quality control requirements at the time of the previous development shall be required to mitigate the entire project site.
3.
Redevelopment projects that result in an alteration of less than fifty percent of impervious surfaces of an existing development, which had not been subject to post-construction stormwater quality control requirements at the time of the previous development shall be required to mitigate only the alteration and shall not be required to mitigate the entire development.
4.
Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways, which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade.
5.
Existing single-family dwellings and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace ten thousand square feet of impervious surface area.
(Ord. 1047 § 1, 2014)
All development projects that fit the project criteria listed in Section 13.60.060 of this chapter shall control pollutants, pollutant loads, and runoff volume by retaining the 85th percentile stormwater quality design volume (SWQDv) on-site through:
A.
Minimizing the impervious surface area; and/or
B.
Controlling runoff from impervious surfaces through infiltration, bioretention and/or rainfall harvest and use.
(Ord. 1047 § 1, 2014)
To demonstrate technical infeasibility, the project applicant shall demonstrate to the city engineer that the project cannot reliably retain one hundred percent of the SWQDv on-site, even with the maximum application of green roofs and rainwater harvesting and use, and that compliance with the applicable post-construction requirements would be technically infeasible. This shall be demonstrated by submitting a site-specific hydrologic and/or design analysis conducted and endorsed by a registered professional engineer and shall be subject to review and approval by the city engineer.
When evaluating the potential for on-site retention, each applicant shall consider the maximum potential for evapotranspiration from green roofs and rainfall harvest and use.
Alternative compliance measures include the following:
A.
On-Site Biofiltration. Biofiltration systems shall meet the design specifications provided in Attachment H of the Los Angeles County Municipal Storm Water Permit Order No. R4-2012-0175, and any amendment, revision, or reissuance thereof. If using biofiltration to demonstrate technical infeasibility, then the new project must biofiltrate one and one-half times the portion of the SWQDv that is not reliably retained on-site, as calculated by Equation 1 below:
Equation 1: |
Bv= 1.5 * [SWQDv - Rv] |
Where: |
Bv = Biofiltration volume |
SWQDv = The stormwater runoff from a 0.75 inch, 24-hour storm or the 85th percentile storm, whichever is greater |
Rv = Volume reliably retained on-site |
B.
Off-Site Infiltration. Use infiltration or bioretention BMPs to intercept a volume of stormwater runoff equal to the SWQDv, less the volume of stormwater runoff reliably retained on-site, at an approved off-site project. The required off-site mitigation volume shall be calculated by Equation 2 below:
Equation 2: |
Mv = 1.0 * [SWQDv - Rv] |
Where: |
Mv = Mitigation volume |
SWQDv = The volume of stormwater runoff reliably retained on-site |
C.
Off-Site Projects—Retrofit Existing Development. Use infiltration, bioretention, rainfall harvesting and/or use biofiltration BMPs to retrofit an existing development with similar uses as the new development or land uses associated with comparable or higher stormwater runoff event mean concentrations (EMCs) than the new development. The retrofit plan shall be designed and constructed as described in the Los Angeles County Municipal Storm Water Permit Order No. R4-2012-0175, and any amendment, revision, or reissuance thereof.
D.
Other alternative compliance requirements are detailed in the Los Angeles County Municipal Storm Water Permit Order No. R4-2012-0175.
E.
Applicants and/or designers may select any combination of stormwater BMPs which meet the performance standards provided in this selection and identified in the Los Angeles County Municipal Storm Water Permit Order No. R4-2012-0175 and any amendment, revision, or reissuance thereof.
(Ord. 1047 § 1, 2014)
A.
All stormwater plans shall be subject to review and approval by the city engineer.
1.
If the proposed plan is not sufficient as originally submitted, the city engineer, or designee, will notify the applicant in writing, setting forth the reasons for withholding and will state the changes necessary to obtain approval.
2.
If the city engineer determines that all of the required information has not been received, the applicant may request that the matter be tabled to allow for the submittal of the required information.
3.
If all of the required information has been received, the city engineer shall approve, approve with conditions, or recommend denial of the stormwater plan, including waiver submissions. Recommendations for action on the stormwater plan can be part of the recommendation for action on the site plan or subdivision plan.
4.
The applicant shall provide copies of all necessary state, federal, or local permits relating to stormwater management to the city.
5.
Reproducible mylars and electronic files (in AutoCAD format) of the as-built storm and storm-water BMPs shall be submitted by the applicant or his or her engineer to the city along with the final plan, or upon completion of system construction. The mylars are to be of quality material and three mils in thickness. Complete development agreements (including deed restrictions) must be submitted for the city's review and approval prior to recording.
6.
A satisfactory maintenance covenant that assures long-term maintenance of all drainage improvements shall be submitted for private property as part of the final plan. A satisfactory maintenance covenant shall at a minimum include the developer's signed statement accepting responsibility for maintenance until the responsibility is legally transferred and either:
a.
A signed statement from the public entity assuming responsibility for BMP maintenance; or
b.
Written conditions in the sales or lease agreement, which require the property owner or tenant to assume responsibility for BMP maintenance and conduct a maintenance inspection at least once per year; or
c.
Written text in project covenants, conditions, and restrictions (CC&Rs) for residential properties assigning BMP maintenance responsibilities to the homeowners association.
(Ord. 1047 § 1, 2014)
A.
The city council from time to time shall establish by resolution filing fees for applications, which shall be paid to the city at the time of filing. No application shall be considered filed until the established fees have been paid to the city. No fee will be required in the case of proceedings initiated by either the council or planning commission.
B.
The applicant shall post cash or a letter of credit in an amount determined by the city engineer up to one hundred percent of the cost of the stormwater facilities. This deposit shall be held for two years after the date of completion of construction and final inspection of the stormwater facilities, until accepted by the city. The percentage cost for cash or letter of credit may be reduced to ten percent for projects longer than two years.
C.
This deposit shall be returned to the applicant (in the case of cash payment) or allowed to expire (in the case of a letter of credit), as provided above, provided all stormwater facilities are clean, unobstructed, and in good working order, as determined by the city engineer.
(Ord. 1047 § 1, 2014)
A.
Maintenance Covenant Required. A maintenance covenant is required for all projects on private property and shall be submitted to the city for review by the city engineer and designee, and if necessary, city attorney. The designers may select any combination of stormwater BMPs which meet the performance standards provided in this section and identified in the Los Angeles County Municipal Storm Water Permit No. R4-2012-0175 and any amendment, revision, or reissuance thereof. A formal maintenance plan shall be included in the maintenance covenant.
B.
Purpose of the maintenance covenant is to provide the means and assurance that maintenance of stormwater BMPs shall be undertaken.
C.
Maintenance covenant provisions shall include:
1.
The maintenance covenant shall include a plan for routine, emergency, and long-term maintenance of all stormwater BMPs, with a detailed annual estimated budget for the initial two years, and a clear statement that only future maintenance activities in accordance with the maintenance covenant shall be permitted without the necessity of securing new permits. Written notice of the intent to proceed with maintenance not within the scope of the maintenance covenant shall be provided by the party responsible for maintenance to the city at least fourteen days in advance of commencing work.
2.
The property owner shall be required to document proper maintenance and operations and maintain such records in perpetuity. Maintenance covenants and records shall be provided upon request by the city inspector at any time for compliance verification. Failure to do so will result in enforcement actions per the municipal code. The approved covenant shall be recorded with the Los Angeles County recorder prior to issuance of occupancy.
3.
The maintenance covenant shall be binding on all subsequent owners of land served by the stormwater BMPs.
4.
If it has been found by the city, following notice and an opportunity to be heard by the property owner, that there has been a material failure or refusal to undertake maintenance as required under this chapter and/or as required in the approved maintenance covenant as required hereunder, the city shall abate such violation, as a public nuisance, pursuant to the procedures set forth in Section 1.04.120 of the La Verne Municipal Code.
D.
A fully executed "Maintenance Covenant for Permanent BMPs Requirements" shall be recorded with the Los Angeles County recorder and be submitted to the city prior to the certificate of occupancy. The covenant document shall be required to include exhibits that detail all of the installed treatment control devices as well as any site design or source control BMPs for post construction. The information to be provided for this exhibit shall include, but not be limited to:
1.
Eight and one-half-inch by eleven-inch exhibits with recorded property owner information.
2.
Types of BMPs (i.e., site design, source control, and/or treatment control) to ensure modifications to the site are not conducted without property owner being aware of the ramifications to BMP implementation.
3.
A plan that clearly depicts location of BMPs, especially those located below grade.
4.
A matrix depicting the types of BMPs, frequency of inspection, type of maintenance required, and if proprietary BMPs, the company information to perform the necessary maintenance.
5.
Agreement to retain documentation of proper maintenance records in perpetuity.
6.
Understanding the documentation of proper maintenance must be presented to the city upon request.
(Ord. 1047 § 1, 2014)
Any person violating any provision of this chapter shall be responsible for a municipal civil infraction and subject to the city's enforcement policy as set forth in the provision of Chapter 1.24 of the La Verne Municipal Code including the enforcement actions of any regulatory agencies.
(Ord. 1047 § 1, 2014)
Where there is work in progress that causes or constitutes in whole or in part, a violation of any provision of this chapter, the city is authorized to issue a stop work order so as to prevent further or continuing violations or adverse effects. All persons to whom the stop work order is directed, or who are involved in any way with the work or matter described in the stop work order shall fully and promptly comply therewith. The city may also undertake or cause to be undertaken, any necessary or advisable protective measures so as to prevent violations of this chapter or to avoid or reduce the effects of noncompliance herewith. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participation in the work.
(Ord. 1047 § 1, 2014)
In addition to any other remedies, should any property owner fail to comply with the provisions of this chapter, the city may, after the giving of reasonable notice and opportunity for compliance, have the necessary work done, and the owner shall be obligated to promptly reimburse the city for all costs of such work.
(Ord. 1047 § 1, 2014)
When emergency measures are necessary to mitigate a nuisance, to protect public safety, health and welfare, and/or prevent loss of life, injury or damage to property, the city is authorized to carry out or arrange for all such emergency measures. Property owners shall be responsible for the cost of such measures made necessary as a result of a violation of this chapter, and shall promptly reimburse the city for all such costs.
(Ord. 1047 § 1, 2014)
A discharger shall be liable for all costs incurred by the city as the result of causing a discharge that produces a deposit or obstruction, or causes damage to, or impairs a storm drain, or violates any of the provisions of this chapter. Costs include, but are not limited to, those penalties levied by the Environmental Protection Agency or Los Angeles Regional Water Quality Control Board for violation of an NPDES permit, attorney fees, and other costs and expenses.
(Ord. 1047 § 1, 2014)