§ 1014-4.004. Stormwater control plan required.

(a)

The following developments are subject to the requirements of provision C.3 of the county's NPDES permits:

(1)

Any development that creates one acre (forty-three thousand five hundred sixty square feet) or more of impervious surface, including roof areas, streets and sidewalks. Excluded from this category is the construction of one single-family home that is not part of a larger plan of development, provided that the home has appropriate pollutant source control and site design measures and uses landscaping to appropriately treat runoff from roof and house-associated impervious surfaces.

(2)

Streets, roads, highways and freeways under the county's jurisdiction that create one acre (forty-three thousand five hundred sixty square feet) or more of new impervious surface. Excluded from this category are sidewalks, bicycle lanes, trails, bridge accessories, guardrails and landscape features.

(3)

Developments on previously developed sites that result in the addition or replacement of a combined total of one acre (forty-three thousand five hundred sixty square feet) or more of impervious surfaces. Excluded from this category are interior remodels and routine maintenance or repair. Excluded routine maintenance or repair includes roof or exterior surface replacement, pavement resurfacing, repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right-of-way where both sides of that right-of-way are developed.

(b)

Effective August 15, 2006, the following developments are subject to the requirements of provision C.3 of the county's NPDES permits:

(1)

Any development that creates ten thousand square feet or more of impervious surface, including roof areas, streets and sidewalks. Excluded from this category is the construction of one single-family home that is not part of a larger plan of development.

(2)

Streets, roads, highways and freeways under the county's jurisdiction that create ten thousand square feet or more of new impervious surface. Excluded from this category are sidewalks, bicycle lanes, trails, bridge accessories, guardrails and landscape features.

(3)

Developments on previously developed sites that result in the addition or replacement of a combined total of ten thousand square feet or more of impervious surfaces. Excluded from this category are interior remodels and routine maintenance or repair. Excluded routine maintenance or repair includes roof or exterior surface replacement, pavement resurfacing, repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right-of-way where both sides of that right-of-way are developed.

(c)

Every application for a development, including but not limited to a rezoning, tentative map, vesting tentative map, parcel map, conditional use permit, variance, development plan, site development permit, design review, or building permit, that is subject to development runoff requirements in the county's NPDES permits, shall comply with all requirements of the county's NPDES permits and be accompanied by a stormwater control plan that meets the criteria in the guidebook. Applications will not be deemed complete for processing until after the stormwater control plan has been reviewed and approved for completeness.

(d)

For any development where a stormwater control plan is required, implementation of an approved stormwater control plan and submittal of an approved stormwater control operation and maintenance plan is a condition precedent to the issuance of a certificate of occupancy or final inspection permit.

(e)

All stormwater management facilities implemented pursuant to this subsection shall be designed, constructed, maintained, and operated according to all requirements of the county's NPDES permits, the guidebook, and the approved stormwater control operation and maintenance plan. The person(s) or organization(s) responsible for maintenance shall be designated in the plan. Unless a different time period is provided for in the plan, those responsible for maintenance shall inspect the stormwater management facility at least annually. The plan also shall describe how the maintenance costs will be funded. Upon the failure of a responsible person to maintain a stormwater management facility in accordance with this chapter or the plan, the county may use any of the remedies provided in Chapter 1014-6 or otherwise available in law or equity.

(f)

If a stormwater control plan requires the construction of stormwater management facilities (structural BMPs), the property owner must comply with Chapter 94-4 and must provide recorded covenants, easements, or offers of dedication allowing access for inspection and maintenance of those facilities by the county, the Contra Costa Mosquito and Vector Control District, the regional water quality control boards, the fire protection districts, the sanitary or sanitation districts, the municipal improvement districts, the reclamation districts, and other public agencies that have jurisdiction over the property.

(g)

To the extent provided in the county's NPDES permits, the following projects are exempt from this section:

(1)

Projects for which a privately-sponsored development application has been deemed complete by the county by February 15, 2005; or

(2)

Public projects for which funding has been committed and for which construction is scheduled by February 15, 2005.

(Ord. 2005-01 § 3, 96-21 § 3).