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(a) Construction of the project shall not deviate from the approved stormwater management plan without the prior written approval from the Director. The applicant is responsible for adherence to this requirement by all persons acting on his/her behalf during construction and until issuance of the certificate of occupancy.

(b) The Utilities Director shall have the right to perform inspections of the stormwater management facilities during project construction to assess construction conformity to the approved stormwater management plan and observe the condition of the facilities throughout construction of the project. The Planning and Development Director, in his sole discretion, may withhold or revoke issuance of a certificate of occupancy, or may issue a temporary certificate of occupancy, pending satisfactory completion of corrective action(s) for failure to comply with any of the provisions of this section.

(c) During clearing, grading, and construction of a project, the following requirements shall apply to green infrastructure stormwater management facilities:

(1) Areas where green infrastructure stormwater management facilities will be, or are, located shall be protected from encroachment by heavy equipment, vehicles, and construction materials storage at all times to avoid soil compaction.

(i) Said areas shall be cordoned off with a highly visible barrier, such as orange construction fencing, and shall not be encroached upon or otherwise disturbed unless they are being established, constructed, restored, or enhanced as provided for in an approved stormwater management plan. Protection measures shall be installed prior to or, if more practical, during clearing and grubbing of the land development.

(ii) Said areas shall be clearly identified on the stormwater management plan, on the SWPPP or erosion and sediment control plan, and on all construction drawings, and marked with the statement “Green Infrastructure Facility. Do not disturb.” Temporary protection measures to be used during construction shall be shown on the stormwater management plan.

(2) The use of green infrastructure stormwater management facilities as sediment traps or for any other erosion and sediment control purpose before, during, or after construction is expressly prohibited. Nor shall construction sediment from any area of the land development be allowed to discharge into, or through, areas where said facilities will be located.

(3) Erosion and sediment control measures installed to protect green infrastructure stormwater management facilities shall not be removed until construction in the stormwater contributing drainage area to the practice is fully completed and after 100 percent of the pervious surfaces in said area are fully vegetated or otherwise permanently stabilized to prevent soil erosion.

(4) Where encroachment, sedimentation, pollution, or other adverse condition is known or suspected as a result of clearing, grading, or construction, the Director may require soil infiltration testing, soil amendment, or other corrective action(s) to confirm or restore infiltration rates in the green infrastructure stormwater management facility to meet design requirements.

(d) Areas proposed for stormwater management facilities that are not green infrastructure may be used as sediment traps or for other soil erosion and sediment control purposes during construction if such use is approved in the SWPPP or erosion and sediment control plan. When such use is approved:

(1) The temporary use of the facility for soil erosion and sediment control shall be clearly noted in the stormwater management plan with detailed information on the sequence and method(s) to be employed to convert the facility from its temporary use to the permanent, post-construction condition indicated by the approved stormwater management plan; and

(2) The facility shall not be modified to its permanent, post-construction condition as a permanent detention facility until land disturbance activities in the contributing drainage area are fully completed and 70 percent of the pervious surfaces in said area are fully vegetated or otherwise permanently stabilized to prevent soil erosion.

(e) Individual and collective stormwater drainage systems and stormwater management facilities shall not, at any time, be used for storage of construction- or demolition-related chemicals, waste or garbage, either temporarily or permanently.

(f) Once a stormwater management facility is constructed, the applicant is responsible for operating and maintaining it in fully functional condition pursuant to Chapter 13.40 TMC until transfer of ownership. (Ord. 20262 § 4, 10-6-20; Ord. 20089 § 113, 10-17-17. Formerly 13.35.050.)