SEC. 22-223. POST CONSTRUCTION DEVELOPMENT.
   (A)   All new development and redevelopment within the city must be undertaken in accordance with:
      (1)   Any conditions and requirements established by the municipal storm water permit.
      (2)   Any condition or requirements established by the city to protect specific watersheds or drainage basins.
   (B)   Applicability of this article to new development and redevelopment projects will be determined in accordance with the municipal storm water permit.
   (C)   The following requirements apply to new development and redevelopment projects that are subject to post-construction storm water controls:
      (1)   A PCSMP will be required to be submitted.
      (2)   Each PCSMP must:
         (a)   Include the name of the owner or other responsible person for the project;
         (b)   Illustrate the location of proposed post-construction storm water controls;
         (c)   Provide engineering calculations and analysis in accordance with the technical guidance manual that demonstrate that the post-construction storm water controls will function appropriately;
         (d)   Include an operation and maintenance plan in accordance with the technical guidance manual. The operation and maintenance plan must specify a required schedule and requirements for maintenance and monitoring; and
         (e)   Include a storm water treatment device access and maintenance agreement on the form provided by the city. The director may require that the agreement be recorded with the County Recorder's office.
      (3)   The owner or responsible person must implement and adhere to the terms, conditions and requirements of the approved PCSMP. Each failure to implement and adhere to the PCSMP will constitute a separate violation of this article.
      (4)   The city's costs and expenses incurred in the review, approval or revision of any PCSMP or other related requirements will be charged to the owner or responsible person of the applicable new development or redevelopment project as a fee per the applicable city fee resolution.
      (5)   Compliance with the conditions and requirements of a PCSMP and related maintenance agreement does not exempt any person or development project from the requirement to comply independently with each provision of this article.
   (D)   The owner or responsible person of a property with a post-construction storm water control device must submit to the city an annual statement on the form provided by the city that certifies that the post-construction storm water device is being adequately maintained and functions as designed. If the annual statement is not timely received by the city, the city may inspect the post-construction storm water device and the owner or responsible person will be charged a fee per the applicable city fee resolution for such inspection and any necessary reinspections.
(Ord. No. 2459, 2876)