A. New Development and Significant Redevelopment.
1. All New Development and Significant Redevelopment within the City shall be undertaken in accordance with:
a. The DAMP; and
b. Any conditions and requirements established by the City which are reasonably related to the reduction or elimination of pollutants in stormwater runoff from the project site.
2. Prior to the issuance by the City of a grading permit, building permit or nonresidential plumbing permit for any new development or significant redevelopment, the planning agency shall review the project plans and impose terms, conditions and requirements on the project in accordance with subsection (A)(1) of this section. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or nonresidential plumbing permit, the planning agency (Planning Department, Engineering Department or Building Department) shall review the project plans and impose terms, conditions and requirements on the project in accordance with this section prior to the issuance of a discretionary land use approval or, at the City's discretion, prior to recordation of a subdivision map.
3. Notwithstanding the foregoing subsections A(1) and (2) of this section, compliance with the DAMP shall not be required for construction of, or improvements to, a single family detached residence unless the City planning agency determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the stormwater drainage system.
4. Compliance with the conditions and requirements of the DAMP shall not exempt any person from the requirement to independently comply with each provision of this chapter.
5. If the City planning agency determines that the project will have a de minimis impact on the quality of stormwater runoff, then it may issue a written waiver of the requirement for compliance with the provisions of the DAMP.
6. The owner of a new development or significant redevelopment project, or upon transfer of the property to its successors and assigns, shall implement and adhere to the terms, conditions and requirements imposed pursuant to subsection (A)(1) of this section on a new development or significant redevelopment project.
Each failure by the owner of the property or its successors or assigns, to implement and adhere to the terms, conditions and requirements imposed pursuant to subsection (A)(1) of this section on a new development or significant redevelopment project shall constitute a violation of this chapter.
B. Cost Recovery. The City shall be reimbursed by the project applicant for all costs and expenses incurred by the planning agency in the review of new development or significant development projects for compliance with the DAMP. The City planning agency may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the project applicant.
(Ord. 3121, 2008)