Chapter 13.14
SUSTAINABLE STORMWATER RUNOFF REDUCTION
Sections:
13.14.050 Stormwater reduction and landscaping required.
13.14.070 Minimum tree planting requirements.
13.14.080 Conceptual stormwater runoff reduction plan.
13.14.090 Parking lot requirements.
13.14.100 Parking lot canopy plan.
13.14.110 Paved area calculation.
13.14.120 Shaded area calculation.
13.14.130 Shade calculation table.
13.14.140 Stormwater runoff reduction permit.
13.14.150 Nonliability of city.
13.14.170 Nonconforming developed parcels.
13.14.010 Title.
This chapter shall be known and cited as the “sustainable stormwater runoff reduction ordinance.” (Ord. 449 § 1, 2000)
13.14.020 Purpose and intent.
The purpose of this chapter is to provide policies, standards, procedures and guidelines to ensure long-term levels of service provided by the city’s stormwater management system. Sustainability is a concept which emphasizes the environmental impacts and benefits of reducing the amount of stormwater runoff concentrated by the city’s stormwater management system. In most instances, a sustainable reduction in stormwater is achieved through the proper use of landscape areas. The placement, area covered and size of groundcover, shrubs and trees is key to a sustainable reduction in the amount of stormwater needed to be managed by the city’s system. Sustainability is achieved when positive levels of stormwater reduction and other benefits are provided after all demands for energy, water, soil improvement and maintenance activities to support have been accounted for. This chapter is intended to promote actions that reduce impacts to the stormwater collection system by conserving, recycling and reusing the resources which are invested in landscapes. (Ord. 449 § 1, 2000)
13.14.030 Findings.
The city finds that inadequate landscaping and tree planting standards have an adverse impact upon the city’s stormwater management system. Appropriate tree planting standards will minimize impacts to the stormwater management system by:
A. Intercepting and storing rainfall on leaves and branch surfaces, thereby reducing runoff volumes between two percent to seven percent; and
B. Intercept between six percent and 13 percent of run-off on land covered by tree canopies; and
C. Delaying the onset of peak flows by 10 to 20 minutes; and
D. Increasing the capacity of soils to infiltrate rainfall and reduce overland flows; and
E. Improve the water quality of runoff by reducing soil erosion through diminished impacts of raindrops on barren surfaces; and
F. In addition to benefits to the city’s stormwater management system, an appropriate level of tree planting will enhance Escalon’s small town charm by improving air quality, energy efficiency, and property values. (Ord. 449 § 1, 2000)
13.14.040 Definitions.
As used in this chapter:
“Application” means the completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by the applicable department, board, or commission of the city for development review, approval, or permitting purposes.
“Conceptual plan” means written and graphic documents submitted for stormwater management that indicate in a conceptual form the methods in which the development seeks to minimize stormwater runoff and comply with the provisions of this chapter. The review of the concept plan carries no vesting rights or obligations to the application.
“Landscaped area” means the installation and permanent maintenance of an area with trees, shrubs, lawn, or planted groundcover to present an attractive, well-kept appearance in accordance with Chapter 8.20 EMC.
A. Landscaped areas shall not be surfaced in part or whole with concrete, asphalt, or other impervious surface materials, but shall contain earth, and may contain organic mulch, inorganic fillers such as wood shavings, bark, volcanic rock, or other similar mulch material.
B. Each landscaped area shall be surrounded with a six-inch, raised concrete curbing or city planner approved equivalent.
C. An irrigation system shall be installed and maintained in working order in each separate planter area.
“Parking area” means any public or private area outside of a building or structure, designed and used for parking motor vehicles including parking lots and legally designated areas of public streets.
“Stormwater management” means any device used for the collecting, conveyance, channeling, holding, retaining, detaining, infiltrating, diverting, treating, or filtering of surface water, groundwater, and/or runoff together with managerial (nonstructural) measures.
“Stormwater runoff” means surplus surface water generated by rainfall that does not seep into the earth but flows overland to approved stormwater management facilities.
“Tree” means any woody plant that normally grows to a mature height greater than 20 feet and has a diameter of four inches or more at a point four and one-half feet above the ground.
“Tree shade” means a shadow cast by the crown of a tree.
“Tree, street” means a tree that is currently located or proposed for planting along streets or highways. Such tree can be located on private property or on publicly held land. Street trees are typically planted in a linear fashion and provide spatial enclosure as well as other technical and aesthetic benefits. (Ord. 449 § 1, 2000)
13.14.050 Stormwater reduction and landscaping required.
This chapter shall apply to all discretionary and nondiscretionary development case applications when connection into the city’s stormwater management system is required or desired. The city engineer shall not issue an encroachment permit or otherwise allow a connection or accept additional stormwater discharges into the city’s stormwater management system unless a landscape permit for the project has been issued by the city planner and reduction methods outlined in this chapter are implemented. Additional stormwater discharges shall be any new development that increases the amount of impervious surfaces within the city. The requirements of this chapter are complementary to all other requirements of the Escalon Municipal Code and no variances or exceptions are granted by compliance with this chapter. (Ord. 449 § 1, 2000)
13.14.060 Applicability.
Approved stormwater runoff reduction and landscaping plans for discretionary and nondiscretionary development case applications which are valid on the effective date of the ordinance codified in this chapter shall remain valid. Stormwater runoff reduction plans for these projects may be built in accordance with the development standards and landscape standards in effect at the time of approval; provided, that the development case or nondiscretionary approval is valid at the time stormwater runoff reduction permits are issued. Any reapplication for an expired permit, development case, or major modification must comply with this chapter at the time of reapplication or modification. (Ord. 449 § 1, 2000)
13.14.070 Minimum tree planting requirements.
A. The following tree planting provisions shall apply to all new construction. The trees shall be planted prior to the issuance of an occupancy permit in those instances where planting is in conjunction with construction under a valid permit.
1. Residential Development. One 15-gallon tree shall be planted for every 500 square feet of enclosed gross living space.
2. Commercial Development. One 15-gallon tree shall be planted for every 1,000 square feet of gross floor area or covered space.
3. Industrial Development. One 15-gallon tree shall be planted for every 2,000 square feet of gross floor area or covered space.
B. This number of trees is in addition to the number of trees required to be planted under Chapter 17.44 EMC, Landscaping. If the number of trees required above contains a fraction, such number shall be increased to the next highest number. For example, if the computed requirement equals three and four-tenths trees, four trees shall be required. Each existing, mature tree on a parcel may be counted as two trees for the purpose of the above planting requirements; however, this credit shall not reduce the number of trees required by Chapter 17.44 EMC, Landscaping, applicable to the project. Street trees and parking lot trees may be included for meeting the requirement of this chapter; provided, that property owner agrees to maintain said tree pursuant to EMC 13.14.160, Maintenance. (Ord. 449 § 1, 2000)
13.14.080 Conceptual stormwater runoff reduction plan.
Conceptual stormwater runoff plans as defined in this chapter shall be approved by an approval body in conjunction with discretionary and nondiscretionary development case applications. The approval body for development cases may impose conditions and may require evidence that such conditions are being met or will be complied with in the form of agreements and security as it deems necessary to satisfy the intent of this chapter. (Ord. 449 § 1, 2000)
13.14.090 Parking lot requirements.
Notwithstanding the minimum tree planting requirements of EMC 13.14.070, at least 50 percent of the paved parking lot surface for all new development cases shall be shaded with tree canopies within 15 years of acquisition of any permit or connection to the city’s stormwater management system. Development of such canopy shall be in accordance with this chapter. (Ord. 449 § 1, 2000)
13.14.100 Parking lot canopy plan.
A parking lot canopy plan shall be submitted with the conceptual stormwater reduction plan for new development cases in areas designated as commercial, industrial and public facilities within the general plan of the city. The conceptual plan shall clearly show all surfaced areas included in the calculation. Trees shall be drawn to scale representing the canopy size at 15 years as listed in the master parking lot tree list. The percentage of shade for each tree shall be clearly indicated. (Ord. 449 § 1, 2000)
13.14.110 Paved area calculation.
All surfacing on which a vehicle is designed to maneuver on shall be clearly indicated on the shading plan and the total area calculation noted in the shade calculation table. This includes all parking stalls, loading areas, drives within the property line, and areas for maneuvering. The following are not considered paved parking lot areas and are not required to meet the 50 percent shading requirement:
A. Truck loading in front of overhead doors;
B. Truck maneuvering and parking areas unconnected to and exclusive of any vehicle parking;
C. Surfaced areas for automobile and boat dealerships, lumber yards, and similar facilities that are used for display, sales, service and vehicle storage. All required parking for these uses is still subject to the 50 percent shading requirement;
D. Areas surfaced with all weather permeable material acceptable to the city engineer. (Ord. 449 § 1, 2000)
13.14.120 Shaded area calculation.
The conceptual stormwater runoff reduction plan shall include calculations showing the shaded parking lot area created by the parking lot tree canopies. Shaded parking lot area is determined by using the appropriate percentage of the crown as indicated on the approved shade list, a copy of which is kept in the office of the city planner. Only trees from this list may be used as parking lot shade trees unless otherwise approved by the city planner. Trees shall receive 25 percent, 50 percent, 75 percent or 100 percent shading credit based on their location relative to paved surfaces. Areas where canopies overlap shall not be counted twice. (Ord. 449 § 1, 2000)
13.14.130 Shade calculation table.
The conceptual stormwater runoff reduction plan shall include a table identifying the quantity and type of trees used and the percentage of shade credited to each. All trees shall be from the master parking lot tree list and calculated with the corresponding canopy size. (Ord. 449 § 1, 2000)
13.14.140 Stormwater runoff reduction permit.
A. A stormwater runoff reduction permit shall be required for the installation of all landscape planting and irrigation devices in accordance with an approved conceptual plan. The director of community development or his/her representative may determine the following exceptions:
1. Alterations to existing stormwater management efforts within a parcel which are not required or proposed in conjunction with discretionary or nondiscretionary development case applications;
2. Alterations to existing landscape which are a result of routine or necessary maintenance and is consistent with the approved stormwater runoff reduction plans and city regulations pertaining to such.
B. To obtain a stormwater runoff reduction permit, the applicant must first file an application in writing on a form prescribed by the city. The permit application shall be accompanied by an approved conceptual plan and by information required by the city and as specified in this chapter.
C. Funds sufficient to cover the cost incurred by the city in processing applications for stormwater runoff reduction permits shall be paid to the city in compliance with the most recent city council resolution pertaining to setting development processing and inspection fees.
D. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans submitted for checking may thereafter be returned to the applicant or destroyed. The director of community development or his/her authorized representative may extend the time for action by the applicant for a period not to exceed 180 days upon written request by the applicant showing that the circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action for and application after expiration, the applicant shall resubmit plans and pay a new plan check fee.
E. If a permit holder presents satisfactory evidence that unusual difficulties have prevented work from being started within 60 days, or completed within one year, or continued without being suspended for 120 days, the director of community development or his/her authorized representative may grant extensions of time reasonably necessary by reason of such difficulties. In no case shall such extensions of time exceed a total of one year. (Ord. 449 § 1, 2000)
13.14.150 Nonliability of city.
Nothing in this chapter shall be deemed to impose any liability damages, or a duty of care and maintenance, upon the city or upon any of its officers or employees. The person in possession of any public property, or the owner of any private property, shall have a duty to keep the trees upon the property and under his control in a safe, healthy condition. (Ord. 449 § 1, 2000)
13.14.160 Maintenance.
The property owner or his successors-in-interest shall be responsible thereafter for the care and maintenance of all trees and other stormwater runoff reduction features required to be constructed or planted under this chapter. Required landscaping and trees shall be kept in a live and healthy condition. The replacement of landscaping and other stormwater runoff reduction items which may fall into disrepair, die or otherwise be destroyed is explicitly a requirement of this chapter. The removal of dead wood, branches, or trees is the responsibility of the property owner upon whose property the tree originates. (Ord. 449 § 1, 2000)
13.14.170 Nonconforming developed parcels.
Developed parcels which do not meet the stormwater runoff reduction requirements of this chapter shall be required to meet the stormwater runoff reduction requirements of this chapter with the issuance of a building permit for any new construction on the property that is greater than 15 percent of the existing gross floor area, unless this requirement is granted by the planning commission based on a finding that conforming to the stormwater runoff reduction requirements of this chapter is physically impossible given the way the parcel is developed. If the planning commission can make that finding, it may approve planting fewer trees than this chapter would require for the developed parcel based on what the planning commission feels is physically possible for the property. (Ord. 449 § 1, 2000)