(a) All existing and new development shall maintain the post-construction structural BMPs and natural system management practices (NSMP), relied upon to achieve and maintain compliance with this Chapter and NPDES Order. The owner of the land on which the BMPs and/or NSMPs are located or the person responsible for completing the BMPs and/or NSMPs as part of a development project shall implement, maintain, replace, or retrofit the pollutant control BMPs, hydromodification control BMPs and/or NSMPs as necessary to ensure pollutants are removed from stormwater to the MEP and all prohibited non-stormwater discharges are prevented from reaching the stormwater conveyance system or receiving waters. BMPs shall remain effective and function in the manner intended. All BMPs must be maintained to avoid the creation of nuisance or pollution associated with vectors (e.g. mosquitos, rodents, or flies).
(b) The owners and occupants of lands on which post-construction structural BMPs and/or NSMPs have been installed to meet the requirements of this Chapter and the NPDES Order shall ensure the maintenance and effective operation of those BMPs and/or NSMPs, and shall themselves maintain, replace, or retrofit those BMPs or NSMPs if other persons or entities who are also obliged to maintain those BMPs fail to do so. The owners and occupants shall provide documentation of such maintenance and effective operation annually and as requested by the authorized enforcement official.
(c) Primary responsibility to maintain post-construction structural BMPs and/or NSMPs may be transferred through a contract or other agreement. If that contract provides that it will be submitted to the County pursuant to this Chapter as part of a development permit application, and if that contract is so submitted, the person or entity accepting a maintenance obligation in such a contract or agreement will also be legally obliged to maintain that BMP or NSMP pursuant to this Chapter.
(d) For purposes of County enforcement, no contract or other agreement imposing an obligation to maintain a BMP or NSMP can relieve a person or entity of any obligation to maintain a BMP or NSMP imposed by this Chapter.
(e) Any developer or property owner who transfers ownership of land on which a post-construction, structural BMP and/or NSMP is located or will be located, or who otherwise transfers ownership of a post-construction structural BMP and/or NSMP or responsibility for the maintenance of such a BMP to another person or entity, shall provide clear written notice of the maintenance obligations associated with that BMP to the new or additional responsible party prior to that transfer. If directed, the developer or property owner must provide a copy of the written notice to the County.
(f) The proponents of any land development project for which post-construction structural BMPs and/or NSMPs are required must enter into a maintenance agreement for each practice. The maintenance agreement shall be provided to the County for review and approval prior to issuance of permits, and must include a plan for maintenance of all post-construction structural BMPs and NSMPs associated with the project. The plan shall specify the persons or entities responsible for maintenance activity, the persons or entities responsible for funding, schedules and procedures for inspection and maintenance of the BMPs, worker training requirements, and any other activities necessary to ensure BMP or NSMP maintenance. The plan shall provide for servicing of all post-construction structural BMPs and NSMPs at least annually and for the retention of inspection and maintenance records for at least three (3) years. Maintenance agreements must be recorded and shall run with the land.
(g) The proponents of any development project that requires a discretionary County permit shall provide to the County for review and approval prior to issuance of permits, an executed, permanent easement onto the land on which post-construction structural BMPs or NSMPs will be located, and across other lands as necessary for access, to allow inspection and maintenance of those practices.
(h) The proponents of any project that requires a discretionary County permit shall provide to the County prior to issuance of such permit, proof of a mechanism acceptable to the County which will ensure ongoing long-term maintenance of all post- construction structural BMPs and NSMPs associated with the proposed project. The proponents shall be responsible for maintenance, repair and replacement of BMPs and/or NSMPs unless and until an alternative mechanism for ensuring maintenance is accepted by the County and becomes effective.
(i) The County or another public entity may accept responsibility for maintenance of any post-construction structural BMP or NSMP, under such conditions as the County or other public entity determines are appropriate. Where a maintenance obligation is proposed to be accepted by a public entity other than the County, the County shall be involved in the negotiations with that agency, and in negotiations with the resource agencies responsible for issuing permits for the construction or maintenance of the post-construction, structural BMP or NSMP. The County must be identified as a third party beneficiary empowered to enforce any such maintenance agreement.
(Added by Ord. No. 9424 (N.S.), effective 2-20-02; amended by Ord. No. 9518 (N.S.), effective 1-10-03; amended by Ord. No. 9926 (N.S.), effective 4-11-08; amended by Ord. No. 10096 (N.S.), effective 1-7-11; amended by Ord. No. 10385 (N.S.), effective 6-12-15; amended by Ord. No. 10410 (N.S.), effective 2-26-16)