ORD 2281 - Laserfiche WebLink

Ordinance No. 2281 Page 24 of 32 A. It is a violation of this code for any Responsible Person to fail to properly operate and maintain any approved full capture trash device, stormwater treatment facilities, hydromodification management facilities and/or source control BMPs on the Responsible Person's property. Stormwater treatment systems which do not have a Stormwater Management Maintenance Agreement must be maintained as required by the manufacturer's guidelines and/or to ensure intended functioning of the system(s) B. Prior to the issuance of any permit for land development activity, development projects required to install full trash capture or LID/GSI systems shall develop and execute a Stormwater Management Maintenance Agreement for the property. The Stormwater Management Maintenance Agreement, also known as the Operation and Maintenance Agreement, shall run with the land, and shall be recorded in the Office of the Alameda County Clerk-Recorder. Provisions in the Stormwater Management Maintenance Agreement are fully enforceable under the City of Pleasanton Municipal Code. Enforcement action, as detailed in Sections 9.14.170 - 9.14.280, may be taken for failure to meet any of the requirements of the Stormwater Management Maintenance Agreement. C. The Stormwater Management Maintenance Agreement must be entered into between the Responsible Person and the City of Pleasanton. Responsibility for the operation and maintenance of the stormwater treatment systems shall remain with the Responsible Person and shall pass to any successor Responsible Person. If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title, and notification of the successor must be provided to the City of Pleasanton. D. The Responsible Person shall bear responsibility for major repair or replacement of any facilities installed in the public Right-of-Way as a condition of project approval. E. Maintenance of stormwater treatment systems shall be performed and completed in accordance with the Stormwater Management Maintenance Agreement. The Stormwater Management Maintenance Agreement shall be irrevocable and shall obligate all current and future Responsible Persons to bear all costs for the annual maintenance, replacement, and record keeping of all stormwater treatment systems. F. Site plans and operations and maintenance plans for recording shall show at a minimum: 1. Location of on-site full trash capture, stormwater treatment, and HM systems.