(A) All construction activity including clearing, grading or excavation that requires a grading permit shall be undertaken in accordance with:
(1) Any conditions and requirements established by the NPDES Permit or other permits which are reasonably related to the reduction or elimination of pollutants in stormwater from the construction site.
(2) Any condition and/or requirements established by the city or Director to protect specific watersheds or drainage basins.
(3) A Stormwater Pollution Prevention Plan, which shall be prepared and submitted in accordance with the State General Permit for Stormwater Discharges Associated with Construction Activity.
(4) A Stormwater Pollution Control Plan, which shall be prepared in accordance with city requirements.
(B) Prior to the issuance by the city of a discretionary land use approval or any permit authorizing grading or construction for a development or at the discretion of the city, the property owner shall submit to and obtain the approval of the Director for a Stormwater Pollution Control Plan. Notwithstanding the foregoing, a Stormwater Pollution Control Plan shall not be required for construction of a (one) single family detached residence or for a room addition to a single family residence unless the Director determines that the construction may result in the discharge of significant levels of a pollutant into the storm drain system. This exemption shall not apply to construction of more than one home at a time by one developer in a residential subdivision. Each Stormwater Pollution Control Plan shall name a responsible party for the project.
(C) The owners of a development project, their successors and assigns, and each named responsible party, shall implement and adhere to the terms, conditions and requirements of the approved Stormwater Pollution Control Plan. Each failure by the owner of the property, their successors or assigns, or a named responsible party, to implement and adhere to the terms, conditions and requirements shall constitute a violation of this chapter.
(D) The costs and expenses of the city incurred in the review, approval, or revision of any Stormwater Pollution Control Plan shall be charged to the property owner or responsible party and shall be due and payable to the city. The Director 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 property owner or responsible party.
(E) Compliance with the conditions and requirements of a Stormwater Pollution Control Plan shall not exempt any person from the requirement to comply independently with each provision of this chapter.
(F) Proof of compliance with the State General Permit for Stormwater Discharges Associated with Construction Activity (NPDES Permit No. CAS000002) may be required in a form acceptable to the city prior to issuance by the city of any permit authorizing grading or construction; upon inspection of the construction site; during any enforcement proceeding or action; or for any other reasonable cause.
(Ord. 1022, passed 11-16-98)