Agenda - Environmental Policy Board - 08/04/2014

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(b) Mitigation projects must involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. (c) Routine maintenance of structural stormwater BMPs already installed cannot be used to meet mitigation requirements of this part. (d) Mitigation projects shall be completed within 24 months after the start of the original construction activity. (e) The developer and the City shall determine, and document, who will be responsible for long -term maintenance on all mitigation projects of this part. Private mitigation projects shall have a binding maintenance agreement recorded against the property. City maintained projects shall be covered by permanent easements. (f) If the City receives payment from the owner and /or operator of a construction activity for mitigation purposes in lieu of the owner or operator of that construction activity meeting the conditions for post - construction stormwater management, the City shall apply any such payment received to a public stormwater project. Section 117 -401 is hereby amended as follows (additions indicated as underline, deletions indicated as strike through: Sec. 117 -401. Notification of failure of the stormwater pollution control plan. Review. The city shall notify the developer, when the city is going to act on the financial securities part of thin subdivision. (1) N tificati n by the city. The initial contact will be to a party listed on the application and /or the. stormwater pollution control plan. Forty eight hours after notification by the city or 72 hours after the. work. Such notification should be in writing, but if it is verbal, a written notification should follow as quickly as practical. (2) Erosion off site. If erosion breaches the perimeter of the site, the applicant shall immediately develop a cleanup and restoration plan, obtain the right of entry from the adjoining property owner, and implement the cleanup and restoration plan within 18 hours of obtaining the adjoining property owner's permission. In no case, unless written approval is received from the city, shall more than seven calendar days go by without corrective action being taken. If in the discretion of the city, the applicant does not repair the damage caused by the erosion, the city may do the remedial work required and charge the cost to the applicant. (3) Erosion into streets, wetlands or water bodies. If eroded soils (including tracked soils from prevention strategics, cleanup and repair must be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations. (1) Failure to do corrective work. When an applicant fails to conform to any provision of this policy within the time stipulated, the city may take the following actions: a. Withhold the scheduling of inspections and /or the issuance of a certificate of occupancy. b. Revoke any permit issued by the city to the applicant for the site in question or any other of the applicant's sites within the city's jurisdiction.