A.
Statement of purpose.
1.
Nonpoint source pollution control management policies shall
govern the planning, design, construction, operation and maintenance
of drainage, erosion, and water quality control facilities within
the City Limits and its Extraterritorial Jurisdiction.
2.
This Section 7.3 sets forth the minimum requirements necessary
to provide and maintain a safe, efficient and effective nonpoint source
pollution control system within the City and to establish the various
public and private responsibilities for the provision thereof.
3.
Further, it is the purpose of this article to:
(i)
Protect human life, health, and property;
(ii)
Minimize the expenditure of public money for building and maintaining
nonpoint source pollution control projects and cleaning sediments
out of storm drains, streets, sidewalks and watercourses;
(iii)
Help maintain a stable tax base and preserve
land values;
(iv)
Preserve the natural beauty and aesthetics of the community;
(v)
Control and manage the quality of stormwater runoff, and the
sediment load in that runoff, from points and surfaces within subdivisions;
(vi)
Establish a reasonable standard of design and performance for
development, that prevents erosion and sediment damage and that reduces
the pollutant loading to streams, ponds and other watercourses.
B.
Engineering technical manual.
1.
This Section 7.3 is designed to require an accompanying Engineering
Technical Manual ("Design Manual"), that describes in detail the technical
procedures to be used to comply with the provisions contained in this
Section 7.3.
2.
The criteria specified in the latest edition of the Design Manual,
whether adopted in part or in whole, shall become part of the official
nonpoint source pollution management plan for the City.
3.
Although the intention of the Design Manual is to establish
uniform design practices, it neither replaces the need for engineering
judgment nor precludes the use of information not presented.
4.
Other accepted engineering procedures may be used to conduct
hydrologic and hydraulic studies if approved by the City Engineer.
5.
The Design Manual is maintained and available for inspection
in digital form on the City’s official website and in paper
form at the office of the City Engineer.
C.
Affected Person
Agricultural Activities
Agricultural Stormwater Runoff
Background Pollutant Load
Best Management Practice (Bmp)
Bluff
Commencement of Construction
Commercial Development*
Compost
Critical Environmental Features (CEFs)
Discharge (Hydraulics)
Discharger
Domestic Sewage
Drainage Area
Environmental Protection Agency (EPA)
Erosion
Extremely Hazardous Substance
Facility
Fertilizer
Fill
Final Stabilization
Flood or Flooding
Grade
Harmful Quantity
Hazardous Household Waste
Hazardous Substance
Hazardous Waste
Impervious Cover
Industrial Waste
Infiltration
Inline Detention Facility
Licensed Professional Engineer (LPE), Professional Engineer
(PE)*
Natural Drainage
Natural State
Net Site Area
New Construction
Nonpoint Source (NPS) Pollution
Nonpoint Source Pollution Control Plan
Notice of Intent (NOI)
Notice of Termination (NOT)
NPDES General Permit for Stormwater Discharges Associated with
Industrial Activity (or Industrial General Permit)
NPDES General Permit for Stormwater Discharges from Construction
Sites (or Construction General Permit)
Npdes Permit
Oil
Operator
1.
2.
Pesticide
Petroleum Product
Petroleum Storage Tank (PST)
Point Source
Pollutant
Pollution
Qualified Personnel
Rainwater Collection or Harvesting System
Release
Riparian Corridor
Rubbish
1.
2.
Sediment
Sedimentation
Septic Tank Waste
Service Station*
Sewage (or Sanitary Sewage)
Sheet Flow
Solid Waste
Spring
Stormwater
Stormwater Drainage System
Stormwater Pollution Prevention Plan (SWPPP)
Threshold Velocity
Upland Waterways
Used Oil (or Used Motor Oil)
Water in the State (or Water)
Water Quality Buffer Zone (WQBZ)
Water Quality Control, Best Management Practice (BMP)
Water Quality Standard
Water Quality Volume
Waters of the United States
Watershed
Waterway
Wetland
Yard Waste
Definitions. Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this article, shall have the
meanings hereinafter designated:
Any person who resides within the City Limits and Extraterritorial
Jurisdiction whose legal rights, duties, or privileges may be affected
by stormwater management practices from any proposed development for
which a permit is sought.
Pasturing of livestock or use of the land for planting, growing,
cultivating, and harvesting crops for human or animal consumption.
Any stormwater runoff from orchards, cultivated crops, pastures,
range land, and other nonpoint source agricultural activities, but
not discharges from concentrated animal feeding operations as defined
in 40 CFR section 122.23 or discharges from concentrated aquatic animal
production facilities as defined in 40 CFR section 122.24.
The amount of pollution in stormwater runoff that is discharged
from a site before development. The background pollutant load is calculated
by multiplying the drainage area of the site by the annual runoff
coefficient by the background stormwater pollution concentrations.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other temporary sediment and erosion control measures
and permanent stormwater management practices which mitigate nonpoint
source pollution and post-construction rainfall runoff rates.
A geologic surface feature with a vertical change in elevation
of more than forty feet (40’) at an average gradient greater
than four hundred percent (400%).
Initial disturbance of soils associated with clearing, grading,
or excavating activities or other construction activities after conducting
a pre-construction conference with applicable City Staff.
All development other than Single-Family Residential, Detached.
Decayed organic material used as plant fertilizer.
Features determined to be of critical importance to the maintenance
of water quality, including, but not limited to, floodplains, riparian
corridors, steep slopes in excess of twenty-five percent (25%), groundwater
recharge areas, springs, wetlands, bluffs, caves, and highly erodible
natural features.
The rate of fluid flow, expressed as the volume of fluid
passing a point per unit time, commonly expressed as cubic feet per
second.
Any person who causes, allows, permits, or is otherwise responsible
for a discharge, including, without limitation, any operator of a
construction site or industrial facility.
Human excrement, gray water from home clothes washing, bathing,
showers, dishwashing, and food preparation, other wastewater from
household drains, and waterborne waste normally discharged from the
sanitary conveniences of dwellings, including apartment houses and
hotels, office buildings, factories, and institutions, that is free
from industrial waste.
The horizontal projection of the area contributing runoff
to a single control or design point.
The United States Environmental Protection Agency, the regional
office thereof, any federal department, agency, or commission that
may succeed to the authority of the EPA, and any duly authorized official
of the EPA or such successor agency.
The detachment and movement of soil, sediment, or rock fragments
by wind, water, ice, or gravity.
Any substance listed in the appendices to 40 CFR part 355,
Emergency Planning and Notification.
Any Building, Structure, installation, process, or activity
from which there is or may be discharge of a pollutant.
A solid or nonsolid substance or compound that contains an
essential plant nutrient element in a form available to plants that
is used primarily for its essential plant nutrient element content
in promoting or stimulating growth of a plant or improving the quality
of a crop, or a mixture of one or more fertilizers. The term does
not include the excreta of an animal, plant remains, or a mixture
of those substances, for which no claim of essential plant nutrients
is made.
The man-made deposition and compaction of material to affect
a rise in elevation.
The status when all soil-disturbing activities at a site
have been completed, and a uniform perennial vegetative cover with
a minimum density of ninety-five percent (95%) of the cover for unpaved
areas and areas not covered by permanent structures has been established
or equivalent permanent stabilization measures, such as the use of
riprap, or geotextiles, have been employed.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The vertical location or elevation of a surface, or the degree
of rise or descent of a slope.
The amount of any substance that will cause pollution of
water in the state.
Any material generated in a household (including single and
multiple residences, hotels, motels, bunkhouses, ranger stations,
crew quarters, campgrounds, picnic grounds, and day use recreational
areas) by a consumer which, except for the exclusion provided in 40
CFR section 261.4(b)(1), would be classified as a hazardous waste
under 40 CFR part 261.
Any substance listed in table 302.4 of 40 CFR part 302.
Any substance identified or listed as a hazardous waste by
the EPA pursuant to 40 CFR part 261 and any other toxic material as
regulated by state and federal regulations.
Buildings, parking areas, roads, and other impermeable man-made
improvements covering the natural land surface that prevent infiltration.
See Section 7.3.2.D for an expanded
definition of Impervious Cover.
Any waterborne liquid or solid substance that results from
any process of industry, manufacturing, mining, production, trade,
or business.
The passage or movement of water into the subsurface of the
natural land.
A stormwater detention basin located within either a waters
of the United States, Waterway or Upland Waterways.
A person who has been duly licensed and registered by the
state board of registration for professional engineers to engage in
the practice of engineering in the state.
A stormwater runoff conveyance system not altered by man-made
changes of the land’s surface.
The condition of the land existing prior to any development
activities.
(100 percent of land with gradient of 15 percent or less)
+ (40 percent of land with a gradient from 15 percent to 25 percent)
+ (20 percent of land with gradient between 25 percent and 35 percent).
Applies to uplands zones only. Areas designated for wastewater irrigation,
impermeable liners, Water Quality Buffer Zones and Critical Environmental
Features are to be excluded from Net Site Area.
Structures for which the "start of construction" commenced
on or after the date of adoption of this article by the City.
Pollution that is caused by or attributable to diffuse sources.
Such pollution results in the human-made or human-induced alteration
of the chemical, physical, biological, or radiological integrity of
water. Typically, NPS pollution results from land runoff, precipitation,
atmospheric disposition, or percolation.
The drawings and documents submitted by an applicant seeking
plan or permit approval under this article. Such a plan consists of
a system of vegetative, structural, and other measures to control
the increased rate and volume of surface runoff and reduce pollutants
in the runoff caused by human changes to the land.
The notice of intent that is required by either the site
development permit or building permit as it relates to the TCEQ NPDES.
The notice of termination that is required by either the
site development permit or the building permit as it relates to the
TCEQ NPDES.
The industrial general permit issued by the EPA on August
27, 1992, and published in Volume 57 of the Federal Register at page
41304 on September 9, 1992, and any subsequent modifications or amendments
thereto.
The construction general permit issued by the EPA on August
27, 1992, and published in Volume 57 of the Federal Register at page
41217 on September 9, 1992, and any subsequent modifications or amendments
thereto.
A permit issued by the EPA or by the state under authority
delegated pursuant to 33 USC section 1342(b) that authorizes the discharge
of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general areawide basis.
Any kind of oil in any form, including, but not limited to,
petroleum, fuel oil, crude oil, or any fraction thereof which is liquid
at standard conditions of temperature and pressure, sludge, oil refuse,
and oil mixed with waste.
The person or persons who, either individually or taken together,
meet the following two criteria:
Having operational control over the facility specifications,
including the ability to make modifications in specifications; and
Having the day-to-day operational control over those activities
at the facility necessary to ensure compliance with pollution prevention
requirements and any permit conditions.
A substance or mixture of substances intended to prevent,
destroy, repel, or mitigate any pest, or any substance or mixture
of substances intended for use as a plant regulator, defoliant, or
desiccant, as these terms are defined in section 76.001 of the Texas
Agriculture Code.
A petroleum product that is obtained from distilling and
processing crude oil and that is capable of being used as a fuel for
the propulsion of a motor vehicle or aircraft, including motor gasoline,
gasohol, other alcohol-blended fuels, aviation gasoline, kerosene,
distillate fuel oil, and #1 and #2 diesel. The term does not include
naphtha-type jet fuel, kerosene-type jet fuel, or a petroleum product
destined for use in chemical manufacturing or feedstock of that manufacturing.
Any one or combination of aboveground or underground storage
tanks that contain petroleum products and any connecting underground
pipes.
Any discernable, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, landfill leachate collection system, vessel or other floating
craft from which pollutants are or may be discharged. This term does
not include return flows from irrigated agriculture or agricultural
stormwater runoff.
Dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical waste, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt, and industrial, municipal, and agricultural waste
discharged into water.
The alteration of the physical, thermal, chemical, or biological
quality of, or the contamination of, any water in the state that renders
the water harmful, detrimental, or injurious to humans, animal life,
vegetation, or property, or to the public health, safety, or welfare,
or impairs the usefulness or the public enjoyment of the water for
any lawful or reasonable purpose.
Persons who possess the appropriate competence, skills, and
ability, as demonstrated by sufficient education, training, experience,
and, when applicable, any required certification or licensing, to
perform a specific activity in a timely and complete manner consistent
with the applicable regulatory requirements and generally accepted
industry standards for such activity.
A system consisting of roof gutters and drains, cisterns/barrels,
and irrigation appurtenances designed to capture a certain amount
of stormwater runoff from a building roof and used as site irrigation
during dry weather conditions, wet pond make-up water, and graywater
applications.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing
into the stormwater drainage system or the waters of the United States.
The ecological areas within and adjacent to the floodplain
that can be comprised of the following species: pecan (Carya illinoinensis),
American elm (Ulmus americana), Arizona walnut (Juglans major), bald
cypress (Taxodium distichum), black walnut (Juglans nigra), bur oak
(Quercus macrocarpa), cedar elm (Ulmus crassifolia), little walnut
(Juglans microcarpa), green ash (Fraxinus pennsylvanica), Texas sugarberry
(Celtis laevigata), American sycamore (Platanus occidentalis), eastern
cottonwood (Populus deltoides), black willow (Salix nigra), and live
oak (Quercus fusiformis).
Non-putrescible solid waste, excluding ashes, that consists
of:
Combustible waste materials, including paper, rags, cartons,
wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves,
and similar materials; and
Noncombustible waste materials, including glass, crockery, tin
cans, aluminum cans, metal furniture, and similar materials that do
not burn at ordinary incinerator temperatures (1600 to 1800 degrees
Fahrenheit).
Solid soil material, both mineral and organic, that is being
moved or has been moved from its original site by wind, gravity, flowing
water or ice. Also sometimes referred to as "silt" or "sand."
Deposit of detached soil particles.
Any domestic sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
Any retail establishment engaged in the business of selling
fuel for motor vehicles that is dispensed from stationary storage
tanks.
The domestic sewage and industrial waste that is discharged
into a sanitary sewer system and passes through the sanitary sewer
system to a sewage treatment plant for treatment.
Water or stormwater runoff flowing in a thin, diffused layer
over the ground surfaces.
Any garbage, rubbish, refuse, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility,
and other discarded material, including solid, liquid, semisolid,
or contained gaseous material resulting from industrial, municipal,
commercial, mining, and agricultural operations, and from community
and institutional activities.
A point or zone of natural groundwater discharge having measurable
flow, or a pool, and characterized by the presence of a mesic plant
community adapted to the moist conditions of the site.
Any moisture that falls naturally from the atmosphere in
a discrete storm event, including snow, sleet, rain, and hail.
A conveyance or system of conveyances including roads with
drainage systems, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains designed or used for collecting or conveying
stormwater.
A plan required by either the NPDES construction general
permit or the NPDES industrial general permit and which describes
and ensures the implementation of practices that are to be used to
reduce the pollutants in stormwater discharges associated with construction
or other industrial activity to [from] the facility.
The velocity that will initiate transport of the median size
(D50) of the channel bed. An increase to threshold velocity resulting
[from] development [may] result in stream bank and bed erosion that
damages infrastructure and lowers water quality.
A defined waterway that is a tributary to Little Barton Creek,
Barton Creek, or the Colorado River.
Any oil that has been refined from crude oil or a synthetic
oil that, as a result of use, storage, or handling, has become unsuitable
for its original purpose because of impurities or the loss of original
properties but that may be suitable for further use and is recyclable
in compliance with state and federal law.
Any groundwater, percolating or otherwise, lakes, bays, ponds,
impounding reservoirs, springs, rivers, streams, creeks, estuaries,
marshes, inlets, canals, the Gulf of Mexico inside the territorial
limits of the state, and all other bodies of surface water, natural
or artificial, inland or coastal, fresh or salt, navigable or non-navigable,
and including the beds and banks of all watercourses and bodies of
surface water, that are wholly or partially inside or bordering the
state or inside the jurisdiction of the state.
Natural riparian areas along waterways and critical environmental
features that reduce overland flow velocities and filter pollutants.
A structure, system, or feature that provides water quality
benefits by treating stormwater runoff.
The designation of a body or segment of surface water in
the state for desirable uses and the narrative and numerical criteria
deemed by the state to be necessary to protect those uses, as specified
in chapter 307 of title 30 of the Texas Administrative Code.
The volume of runoff necessary to be captured and treated
to meet the performance standards.
All waters that are currently used, were used in the past,
or may be susceptible to use in interstate or foreign commerce, including
all waters which are subject to the ebb and flow of the tide; all
interstate waters, including interstate wetlands; all other waters
the use, degradation, or destruction of which would affect or could
affect interstate or foreign commerce; all impoundments of waters
otherwise defined as waters of the United States under this definition;
all tributaries of waters identified in this definition; all wetlands
adjacent to waters identified in this definition; and any waters within
the federal definition of "waters of the United States" at 40 CFR
section 122.2; but not including any waste treatment systems, treatment
ponds, or lagoons designed to meet the requirements of the federal
Clean Water Act.
The total area contributing runoff to a stream or drainage
system.
A natural, defined watercourse as designated on the U.S.
Geologic Survey topographic maps.
An area that is inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that
under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions and conforms
to the U.S. Army Corps of Engineers’ definition. Wetlands generally
include swamps, marshes, bogs, and similar areas.
Leaves, grass clippings, yard and garden debris, and brush
that results from landscaping maintenance and land-clearing operations.
(Ordinance 475 adopted 6/28/22)
A.
Unlawful discharge to stormwater drainage system. No person shall
introduce or cause to be introduced into the stormwater drainage system
any discharge that is not composed entirely of stormwater.
B.
Specific prohibitions and requirements.
1.
Discharges causing violation of water quality standards. No
person shall introduce or cause to be introduced into the stormwater
drainage system any discharge that causes or contributes to causing
the City to violate a water quality standard.
2.
Prohibited discharges. No person shall dump, spill, leak, pump,
pour, emit, empty, discharge, leach, dispose, or otherwise introduce
or cause, allow, or permit to be introduced any of the following substances
into the stormwater drainage system:
(i)
Any used motor oil, antifreeze, or any other motor vehicle fluid;
(ii)
Any industrial waste;
(iii)
Any hazardous waste, including hazardous household
waste;
(iv)
Any domestic sewage or septic tank waste, grease trap waste,
or grit trap waste;
(v)
Any garbage, rubbish, or yard waste;
(vi)
Any wastewater from a commercial carwash facility;
(vii)
Any wastewater from any vehicle washing, cleaning,
or maintenance at any new or used automobile or other vehicle dealership,
rental agency, body shop, repair shop, or maintenance facility;
(viii)
Any wastewater from any vehicle washing, cleaning,
or maintenance of any business or commercial or public service vehicle,
including a truck, bus, or heavy equipment, by a business or public
entity that operates more than two such vehicles;
(ix)
Any wastewater from the washing, cleaning, de-icing, or other
maintenance of aircraft;
(x)
Any wastewater from a commercial mobile power washer or from
the washing or other cleaning of a building exterior that contains
any soap, detergent, degreaser, solvent, or any other harmful cleaning
substance;
(xi)
Any wastewater from commercial floor, rug, or carpet cleaning;
(xii)
Any wastewater from the washdown or other cleaning
of pavement that contains any harmful quantity of soap, detergent,
solvent, degreaser, emulsifier, dispersant, or any other harmful cleaning
substance; or any wastewater from the washdown or other cleaning of
any pavement where any spill, leak, or other release of oil, motor
fuel, or other petroleum or hazardous substance has occurred, unless
all harmful quantities of such released material have been previously
removed;
(xiii)
Any effluent from a cooling tower, condenser,
compressor, emissions scrubber, emissions filter, or the blowdown
from a boiler;
(xiv)
Any ready-mixed concrete, mortar, ceramic, or
asphalt base material or hydro-mulch material, or from the cleaning
of commercial vehicles or equipment containing, or used in transporting
or applying, such material;
(xv)
Any runoff or washdown water from any animal pen, kennel, or
fowl or livestock containment area;
(xvi)
Any filter backwash from a swimming pool, or
fountain, or spa;
(xvii)
Any swimming pool water containing any chlorine
in excess of three parts per million (PPM), or harmful quantities
of muriatic acid or other chemical used in the treatment or disinfection
of the swimming pool water or in pool cleaning;
(xviii)
Any discharge from water line disinfection
by superchlorination (discharge exceeding 0.10 milligrams per liter)
or other means if the total residual chlorine (TRC) is at one part
per million (PPM), or more or if it contains any harmful quantity
of chlorine or any other chemical used in line disinfection;
(xix)
Any fire protection water containing oil or hazardous
substances or materials. This prohibition does not apply to discharges
or flow from firefighting by the fire department;
(xx)
Any water from a water curtain in a spray room used for painting
vehicles or equipment;
(xxi)
Any contaminated runoff from a vehicle wrecking
yard;
(xxii)
Any substance or material that will damage,
block, or clog the stormwater drainage system;
(xxiii)
Any release from a petroleum storage tank (PST),
or any leachate or runoff from soil contaminated by a leaking PST,
or any discharge of pumped, confined, or treated wastewater from the
remediation of any such PST release, unless the discharge satisfies
all of the following criteria:
(1)
Compliance with all state and federal standards
and requirements;
(2)
No discharge containing a harmful quantity of any
pollutant; and
(3)
No discharge containing more than 50 parts per
billion of benzene; 500 parts per billion combined total quantities
of benzene, toluene, ethylbenzene, and xylene (BTEX); or 15 mg/l of
total petroleum hydrocarbons (TPH).
3.
Sediment, silt, soil, etc. No person shall introduce or cause
to be introduced into the stormwater drainage system any harmful quantity
of sediment, silt, earth, soil, or other material associated with
clearing, grading, excavation or other construction activities, or
associated with landfilling or other placement or disposal of soil,
rock, or other earth materials, in excess of what could be retained
on-site or captured by employing management practices, control techniques
and system, design and engineering methods, and such other provisions
as the City determines appropriate for the control of such pollutants.
4.
Sanitary sewage. No person shall connect a line conveying sanitary
sewage, domestic or industrial, to the stormwater drainage system,
or allow such a connection to continue.
5.
Washwater from service stations. No person shall cause or allow
any pavement washwater from a service station to be discharged into
the stormwater drainage system unless such washwater has passed through
a properly functioning and maintained grease, oil, and sand interceptor
before discharge into the stormwater drainage system.
6.
Pesticides, herbicides, and fertilizers.
(i)
Any sale, distribution, application, labeling, manufacture,
transportation, storage, or disposal of a pesticide, herbicide, or
fertilizer must comply fully with all state and federal statutes and
regulations, including, without limitation, the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) and all federal regulations
promulgated pursuant to FIFRA; chapters 63, 75, and 76 of the Texas
Agriculture Code and all state regulations promulgated pursuant thereto;
and any other state or federal requirement.
(ii)
Any license, permit, registration, certification, or evidence
of financial responsibility required by state or federal law for sale,
distribution, application, manufacture, transportation, storage, or
disposal of a pesticide, herbicide or fertilizer must be presented
to the City and any City law enforcement officer for examination upon
request.
(iii)
No person shall use or cause to be used any pesticide
or herbicide contrary to any directions for use on any labeling required
by state or federal statute or regulation.
(iv)
No person shall use or cause to be used any pesticide, herbicide,
or fertilizer in any manner that the person knows, or reasonably should
know, is likely to cause, or does cause, a harmful quantity of the
pesticide, herbicide, or fertilizer to enter the stormwater drainage
system or waters of the United States.
(v)
No person shall dispose of, discard, store, or transport a pesticide,
herbicide, or fertilizer, or a pesticide, herbicide, or fertilizer
container, in a manner that the person knows, or reasonably should
know, is likely to cause, or does cause, a harmful quantity of the
pesticide, herbicide, or fertilizer to enter the stormwater drainage
system or waters of the United States.
(vi)
If provided with a display notice containing the provisions
of this subsection pertaining to the regulation of pesticides, herbicides,
and fertilizers, or a reasonable description thereof, and the information
that any user of the product may obtain further information from the
City, any person selling pesticides, herbicides, or fertilizers at
retail or wholesale shall post the notice prominently where it may
be read by purchasers of the product.
7.
Used oil.
(i)
No person shall:
(1)
Discharge used oil into the stormwater drainage
system or a sewer, drainage system, septic tank, surface water, groundwater,
or watercourse;
(2)
Knowingly mix or commingle used oil with solid
waste that is to be disposed of in a landfill or knowingly directly
dispose of used oil on land or in a landfill;
(3)
Apply used oil to a road or land for dust suppression,
weed abatement, or other similar use that introduces used oil into
the environment.
(ii)
All businesses that change motor oil for the public, municipal
waste landfills, and fire stations shall serve as public used oil
collection centers as provided by state statute.
(iii)
A retail dealer who annually sells directly to
the public oil in containers for use off-premises shall post in a
prominent place a sign informing the public that improper disposal
of used oil is prohibited by law. The sign shall prominently display
the toll-free telephone number of the state used oil information center.
C.
Performance standards. Except as otherwise provided in this section
7.3, all development subject to this section 7.3 shall achieve the
following performance standards:
1.
Removal of annual pollutant load.
(i)
For new and re-development, the standard of treatment for surface
water runoff shall be as follows:
(ii)
For development using on-site irrigation with treated wastewater effluent or with septic system effluent, see Section 2.5.17 [Section 2.5.15].
(iii)
Background and developed sites pollutant concentrations
and pollutant loads:
(1)
Background pollutant concentrations shall be as
defined in the Engineering Technical Manual.
(2)
Standard pollutant concentrations for developed
sites shall be as defined in the Engineering Technical Manual.
(3)
Calculation of annual pollutant loading shall comply
with the criteria given in the Engineering Technical Manual.
2.
Water quality volume. The minimum volume of stormwater runoff
for water quality control shall be the first one-half inch (0.5")
of runoff plus an additional one-tenth inch (0.1") for each ten percentage
point increase of the gross impervious cover over twenty percent (20%)
of the contributing drainage area to the water quality control. Water
quality volume shall be calculated in accordance with the Engineering
Technical Manual.
3.
Impervious cover limits by land use. Impervious cover limits
in this subsection 3. are expressed as percentage of the Net Site
Area.
(i)
Impervious cover shall not exceed the following:
(1)
New development shall not exceed forty percent
(40%).
(2)
Redevelopment of sites developed prior to adoption
of Ordinance 00-08-29-B: a maximum of 60% impervious cover may be
permitted via (a), (b), or a combination of (a) and (b) below:
(a)
The applicant submits a survey no older than one
year prior to the date of application delineating existing impervious
cover. A percolation test may be required to validate impervious cover
greater than 40% existing on site currently; or
(b)
The City approves a transfer of impervious cover
pursuant to Section 7.3.2.C.4. Sites
that are eligible under this Subsection 7.3.2.C.3(i)(2) may transfer more than the equivalent of ten (10) percentage points
of impervious cover provided that in no case the total impervious
cover of the site exceeds sixty percent (60%).
4.
Allowable increases to impervious cover limits.
(i)
The impervious cover limits of subsection 3(i) above of this section may be increased by the following
amounts under the following conditions:
(1)
Isolation of roof runoff and irrigation (for nonresidential
and multifamily uses). The maximum impervious cover limits may be
increased up to five (5) percentage points if roof runoff is isolated,
and used for irrigation, wet pond make-up water, or gray water applications
in accordance with subsection L. below,
subject to approval by the City Engineer.
(2)
Transfer of development intensity: multifamily
residential use and nonresidential use. An applicant who complies
with a provision of this subsection qualifies for the development
intensity transfer:
(a)
For each one (1) acre of land that an applicant
leaves undeveloped and undisturbed in an area zoned by the City for
nonresidential use and does not include in impervious calculations
elsewhere, the applicant may transfer up to one (1) acre of impervious
cover. For each one (1) acre of land that an applicant leaves undeveloped
and undisturbed in an area zoned by the City for residential use and
does not include in impervious calculations elsewhere, the applicant
may transfer up to one (1) acre of impervious cover. For each one
(1) acre of land that an applicant leaves undeveloped and undisturbed
in the ETJ of the City and does not include in its impervious calculations
elsewhere, the applicant may transfer up to one (1) acre of impervious
cover.
(b)
The maximum impervious cover limit may be increased
by no more than ten (10) percentage points for transfer of development
intensity, except as permitted in Section 7.3.2.C.3(i)(2)(b).
(ii)
An applicant who qualifies for a development density transfer
must comply with the following requirements to affect the transfer:
(1)
The transferring tract and the receiving tract
must be located within the City limits or the ETJ of the City;
(2)
If the transferring tract includes a water quality
buffer zone or critical environmental feature, these features/zones
must be deducted from the tract’s transferrable area in accordance
with the Net Site Area definition;
(3)
The receiving tract must comply with or exceed
the water quality control standards of this section 7.3;
(4)
The receiving tract may have or be granted any
variances, deviations, or waivers related to water quality.
(5)
If the receiving tract is zoned R-1, R-2, or R-3,
the transfer must be approved by City Council.
(6)
The transferring and the receiving tracts must
be platted either prior to or concurrently with the transfer;
(7)
A restrictive covenant that describes the development
intensity transfer, and runs with the transferring and receiving tracts,
must be filed in the deed records of the County; and
(iii)
Fees, forms, and procedures.
(1)
The City's adopted Fee Schedule may establish fees
relating to the Transfer of Development Intensity review and approval
process.
(2)
The City is hereby authorized to prepare application
forms and restrictive covenant templates that include requirements
for information, checklists, exhibits, contact information for the
property owners, applicants, and technical consultants, and any other
information deemed necessary by the City to review the application
for compliance with City codes. These application forms and restrictive
covenant templates may be revised or changed at any time without notice
consistent with the UDC.
(3)
The Planning Director and City Engineer shall review
the application for a Development Density Transfer for compliance
with the requirements listed in this section. The Planning Director
or City Engineer will inform the applicant of any deficiencies and
provide instructions for the resubmittal of a corrected application.
(a)
If all requirements are met, and the receiving
tract is not zoned R-1, R-2, or R-3 the application will be forwarded
to the City Manager. The City Manager may approve or deny the Development
Density Transfer or may defer the Development Density Transfer to
City Council for approval or denial.
(b)
If all requirements are met, and the receiving
tract is zoned R-1, R-2, or R-3 the application will be forwarded
to the City Council for approval or denial.
(iv)
Effect of approval. Approval of a Development Density Transfer
is not a guarantee that a rezoning, variance or waiver request, or
a development permit of any type will be approved for the receiving
property.
5.
Water quality buffer zones (WQBZ) and critical environmental
feature (CEF) buffer zones.
(i)
Water quality buffer zones (WQBZ). A water quality buffer zone
is established along each waterway as follows:
(1)
Upland waterways. The WQBZ shall extend a minimum
of eighty-five feet (85') from the outer limit of the peak two-year
flood level paralleling each side of the waterway. The WQBZ shall
parallel all reaches of each waterway with at least thirty (30) acres
of contributing drainage area.
(2)
Little Barton Creek and Barton Creek. The WQBZ
shall extend a minimum of three hundred feet (300') from the outer
limit of the peak two-year flood level, paralleling each side of the
waterway.
(3)
Calculation of peak flood level. The two-year peak
flood level shall be calculated in accordance with the Engineering
Technical Manual.
(ii)
Critical environmental features (CEF). The CEF Buffer Zone shall
extend a minimum of one hundred fifty feet (150') around the outside
periphery of critical environmental features. The buffer zone for
a CEF can be reduced to fifty [feet] (50') with administrative approval
by City staff which may incorporate conditions at the discretion of
the City Engineer.
(iii)
Overlapping water quality buffer zones. If two
(2) or more WQBZs overlap, then the widest zone shall be established.
(iv)
Activity in water quality buffer zones (WQBZ) and critical environmental
feature buffer zone.
(1)
Development features. All development activities,
including temporary construction activities and landscaping activities,
shall be restricted from the WQBZ and CEF buffer zones, except the
following development activities and improvements, which may be allowed
if approved by the City Engineer:
(a)
Roadway and driveway crossings;
(b)
Paths in accordance with the adopted Bee Cave Connectivity
Plan;
(c)
Maintenance and restoration of natural vegetation;
(d)
Removal of trash, debris, and pollutants;
(f)
Fences that do not obstruct flood flows;
(g)
Public and private parks and open space, with development
in the parks and open space limited to hiking, jogging, or walking
paths, and excluding stables and corrals for animals;
(h)
Private drives to allow access to property not
otherwise accessible.[;]
(i)
The back slope of earthen embankments related to
permanent Water Quality BMPs; and
(j)
Infiltration trenches.
(2)
Utilities.
(a)
All utilities, other than wastewater, shall be
located outside the WQBZ and CEF buffer zone, except for crossings.
(b)
Wastewater lift stations shall be located outside
the WQBZ and CEF buffer zone.
(c)
On-site wastewater disposal systems shall be located
outside the WQBZ and CEF buffer zone.
(d)
Wastewater trunk lines and lateral lines shall
be located outside the WQBZ and CEF buffer zone to the maximum extent
practical except for necessary crossings. All wastewater lines located
within the WQBZ and CEF buffer zones shall be approved by the City
Engineer on a case-by-case basis.
(e)
In no case shall any wastewater line be located
less than one hundred feet (100') from the centerline of Little Barton
Creek or Barton Creek or fifty feet (50') from the centerline of an
upland waterway except for crossings, unless approved by the City
Engineer, and unless the applicant has shown that installation outside
of this zone is physically prohibitive or environmentally unsound.
(f)
All wastewater trunk lines located in the WQBZ
and CEF buffer zone shall meet design standards and construction specifications
of testing to allow zero (0) leakage.
D.
Impervious cover. Although a certain percentage of impervious cover is discussed and designated within this section 7.3, nothing in this article shall release a person from meeting the requirements of other sections within this UDC, including Article 3 Zoning Regulations and Article 5 Landscaping and Screening Standards.
1.
Impervious cover shall include all man-made improvements which
prevent the infiltration of water into the natural soil, or prevent
the migration of the infiltration as base flow. The following shall
be considered as impervious cover:
(i)
Roads, pavements, and driveways of any material, including but
not limited to, concrete, asphalt, limestone base, and decomposed
granite, except as provided in subsection (2) of this section [subsection D.2];
(ii)
Parking areas of any material, including but not limited to,
concrete, asphalt, limestone base, pavers (permeable and impermeable)
and decomposed granite;
(iii)
Buildings;
(iv)
Pedestrian walkways and sidewalks, except as provided in subsection (ix) of this section [subsection D.1(ix)];
(v)
Concrete, asphalt, or masonry surfaced areas, and paving stone
surfaced areas;
(vi)
Densely compacted natural soils or fills as defined in the Design
Criteria Manual which result in a coefficient of permeability less
than 1 x 10 -6 cm/sec;
(vii)
Stormwater drainage conveyance structures lined
with impermeable materials;
(viii)
Up to fifty percent (50%) of the horizontal
surface area of an uncovered deck that has drainage spaces between
the deck boards that is located over a pervious surface;
(ix)
Up to fifty percent (50%) of the horizontal surface of permeable
paving and interlocking or permeable pavers for the purpose of pedestrian
sidewalks pursuant to the review and approval of the manufacturer’s
specifications by the City Engineer.
(x)
Artificial turf that cannot demonstrate full infiltration, including
but not limited to, artificial turf with an underdrain system and
artificial turf that provides full infiltration, but exceeds 5% of
the net site area. See also Section 5.1.1.C.3(iii) [5.1.1.C.3(iv)].
2.
The following will not be considered as impervious cover:
(i)
Existing roads adjacent to the development and not constructed
as part of the development at an earlier phase;
(ii)
Naturally occurring impervious features, such as rock outcrops;
(iii)
Landscaped areas and areas remaining in their
natural state;
(iv)
Water quality and detention basins and conveyance structures
not lined with impermeable materials;
(v)
Lined water quality and detention basins, applied as follows:
an area measured at the permanent pool elevation in a pond that is
designed and constructed with an impermeable liner shall not count
towards the allowable impervious of a site and the Net Site Area shall
not account for this area;
(vi)
Grass paver system for the purposes of emergency access vehicles
only.
(vii)
The water surface area of swimming pools, fountains
and non-stormwater related ponds; and
(viii)
Artificial turf with full infiltration, which
must be demonstrated utilizing field permeability testing and as approved
by the City Engineer, up to 5% of net site area. Artificial turf,
irrespective of infiltration rates, in excess of 5% of net site area
shall be calculated as impervious cover. Artificial turf utilizing
synthetic infills such as crumb rubber may require additional water
quality requirements and will be approved by the City Engineer on
a case-by-case basis.
(ix)
Public paths. However all impervious cover associated with Public
Paths must be treated in accordance with subsection 7.3.2.J.iv [7.3.2.J.1(iv)].
3.
Impervious cover restrictions.
(i)
All untreated impervious cover shall be subject to review and
approval by the City Engineer. In the event that impervious cover
is permitted to bypass on-site water quality BMPs, the site shall
still meet the water quality treatment performance standards outlined
in this Article;
(ii)
Impervious cover shall not be constructed within Water Quality
Buffer Zones or Critical Environmental Feature Buffer Zones;
(iii)
Impervious cover shall not be constructed within
the areas designated for on-site irrigation for treated wastewater
effluent disposal or beneficial reuse applications.
E.
Overland flow.
1.
No untreated stormwater runoff from developed land shall be
allowed to flow over Critical Environmental Features that are recharge
features.
2.
Drainage patterns shall be designed to the maximum extent practical
to prevent erosion, maintain and recharge local seeps and springs,
and attenuate the harm of contaminants collected and transported by
stormwater. Overland sheet flow and natural drainage features and
patterns shall be maintained to the maximum extent practical, depending
on volumes and velocities of runoff for the development, as opposed
to concentrating flows in storm sewers and drainage ditches.
3.
If storm sewers are incorporated into a design, the applicant
shall design the stormwater drainage system to mitigate its impact
on water quality by using structural devices or other methods to prevent
erosion and dissipate energy at outlets wherever practicable, and
by directing discharges to maximize overland flow through level spreaders,
buffer zones or grass-lined swales.
4.
Overland flow facilities for the stormwater drainage system
shall be designed in accordance with the criteria of the Design Manual.
F.
Infiltration.
1.
To the maximum extent practical, water quality controls shall
be designed to restore the infiltration capacity of predevelopment
conditions. Infiltration BMPs shall be designed in accordance with
the Design Manual.
2.
Infiltration systems shall be designed and located to avoid
impacts to existing springs and recharge structures.
G.
Steep slopes.
H.
Cuts
and fills.
(i)
A cut or fill with a finished gradient steeper than thirty-three
percent (33%) shall be stabilized with a permanent structure.
(ii)
Cuts or fills on a tract of land may not exceed four feet of
depth, except:
(1)
In a roadway right-of-way;
(2)
For construction of a building foundation or swimming pool;
(3)
For construction of a water quality control or detention facility
and appurtenances for conveyance such as swales, drainage ditches,
and diversion berms, if:
(a)
The design and location of the facility within
the site minimize the amount of cut over four feet;
(b)
The cut is the minimum necessary for the appropriate
functioning of the facility; and
(c)
The cut is not located on a slope with a gradient
of more than 15 percent or within 100 feet of a classified waterway;
(4)
For utility construction or a wastewater drain field, if the
area is restored to natural grade.
I.
Vegetation.
1.
To the maximum extent practical, the use of herbicides, pesticides
and fertilizers shall be minimized and only used as allowed under
subsection 7.3.2.B.6.
2.
An integrated pest management (IPM) plan shall be submitted
in accordance with the Design Manual.
(i)
A plan for fertilizer management shall be included in the IMP
and shall providing information regarding proper use, storage, and
disposal of fertilizers. The plan shall indicate likely fertilizers
to be used. The plan shall include two lists of fertilizers:
3.
Vegetative BMPs, such as vegetative filter strips, shall be
designed in accordance with the Design Manual.
4.
All new and existing developments shall maintain vegetative
cover in accordance the final stabilization criteria.
J.
Required water quality controls.
1.
Water quality controls (WQC) are required for all new impervious
cover development as follows:
(i)
For all new multifamily and nonresidential development water
quality controls shall be sized to treat all on site impervious cover
to the standards of this UDC.
(ii)
Single-family residential development in excess of 20% impervious
cover based on the methodologies as outlined in the Design Manual,
water quality controls shall be sized to treat all on site impervious
cover to the standards of this UDC.
(iii)
For single-family residential development with
less than 20% impervious cover based on the methodologies as outlined
in the Design Manual structural water quality controls shall not be
required.
(iv)
Public Paths constructed with impervious cover, water quality
controls shall consist of a minimum of five feet (5’) of vegetative
filter strips, landscaping, or natural vegetation. The impervious
cover created by a public path constructed and maintained in this
manner shall not be applicable to the impervious cover percentages
described in subsection (i) or (ii), above.
2.
Water quality controls are required for impervious cover redevelopment
as follows:
(i)
All new and redeveloped impervious cover areas that cumulatively
equal 8,000 sq ft or less require water quality and stormwater detention
for the new and redeveloped improvements in accordance with the standards
of this UDC.
(ii)
New and redeveloped impervious cover areas that cumulatively
exceed 8,000 sq. ft. require water quality and stormwater detention
for the new and existing improvements in accordance with the standards
of this UDC.
(iii)
Improvements made prior to the adoption of this
UDC shall be considered existing improvements.
(iv)
Exceptions.
(1)
The addition of impervious cover to a residential
lot that is not otherwise subject to an impervious cover restriction.
(2)
Replacement of impervious cover that is removed
as a result of right-of-way (ROW) condemnation. This exception is
limited to the impervious cover located within the ROW area being
condemned. A lesser than or equal area of condemned impervious cover
relocated onsite will not trigger water quality controls as described
in this section.
(3)
Maintenance and repair of existing drive and parking
areas with like materials (e.g. mill and overlay of existing asphalt,
slurry seal top coat on existing asphalt); this also includes the
replacement of crushed granite drive and parking areas with asphalt
or concrete, as required by Section 3.4.2.B.3(iii)).
3.
The volume of runoff (water quality volume) to be captured,
isolated, and treated by each WQC shall be as required in section
C.2 above. Each WQC shall be sized for the contributing drainage area
only to that WQC.
4.
Vegetated filter strips shall be used in conjunction with other
WFCs to the maximum extent practical for the treatment of stormwater
runoff.
(i)
Water quality easements related to vegetated filter strips may be relocated from time to time in accordance with the procedure and requirements set out in section 3.5.4 by the filing of a site plan amendment application executed by the holder of the NPS permit and the landowner whose property is impacted by the vegetated filter strip and who desires to relocate the water quality easement.
5.
Pollutant loads from all developed areas shall be considered
when determining the level of treatment needed to comply with these
regulations. Developed areas requiring treatment shall include the
total contributing drainage area with:
6.
The following areas shall not require water quality treatment:
(i)
The full area of existing natural areas or restored natural
areas which are restricted from development and pesticide, herbicide,
or fertilizer application through a plat note or restrictive covenant
and the runoff from which is routed around the WQC. The drainage areas
of unrouted runoff from natural areas which blend with the runoff
from the developed areas shall be included in the water quality volume
calculations.
(ii)
One-half (1/2) of the area using landscaping with vegetation
that requires no irrigation, pesticide, herbicide, or fertilizer applications.
(iii)
The full area of the WQC structure.
(iv)
Impervious surface areas used for stormwater collection and
on-site irrigation.
(v)
The full area of off-site drainage areas and the runoff from
which is routed around the WQC. Unrouted runoff from off-site areas
shall be included in the sizing of the WQC. The drainage areas of
unrouted runoff from off-site areas which blend with the runoff from
the developed areas shall be included in the water quality volume
calculations.
7.
Removal efficiencies for WQCs shall be as established in the
Design Manual or must be approved by the City Engineer based on reports
or studies contained in engineering or scientific literature.
8.
WQC for oil and grease treatment shall be sized only for the
surface area of paving.
9.
The maximum drainage area for a single WQC shall be fifty (50)
acres.
10.
The design of WQCs shall be in accordance with the Design Manual.
K.
Erosion control generally.
1.
Applicability.
(i)
This subsection K applies regardless of whether an applicant
is required to obtain a permit from the City in order to conduct such
land-disturbing or construction activity.
(ii)
Where applicable, off-site borrow areas, spoil areas and construction
staging areas shall be considered as part of the project site and
shall be governed by this subsection K.
(iii)
The erosion control requirements of subsection
K applies to all related land areas.
(iv)
Additionally, when land-disturbing activity occurs on a project,
all disturbed land areas related to the project shall have permanent
erosion control established before final occupancy of structures located
thereon or final acceptance of the subdivision may be obtained.
(v)
This subsection K applies whether or not a building permit is
required.
2.
Best management practices.
(i)
For erosion and sediment control during construction, BMPs shall
comply with the Engineering Technical Manual.
(ii)
For erosion and sediment control, design of permanent BMPs shall
be in accordance with the Engineering Technical Manual.
(iii)
Any inline detention facility’s post-construction
runoff’s threshold velocity must not exceed the pre-construction
runoff’s threshold velocity at any point within a downstream
distance equal to the width of the water quality buffer zone.
(1)
Threshold velocity to be calculated for each return
interval storm event listed in the Engineering Technical Manual.
(2)
Threshold velocity shall be evaluated over the
course of the entire discharge routing hydrograph as required by the
Engineering Technical Manual for the design of a stormwater detention
basin.
(3)
The velocity that will initiate transport of the
median size (D50) of the channel bed will be calculated using an approved
method by the City Engineer. The critical Shield’s number of
0.047 will be used in these calculations.
3.
Peak runoff rate. The peak runoff rate for developed conditions
shall not exceed the peak runoff rate for predevelopment conditions
for the two-year storm event. Peak runoff rate calculations shall
comply with the criteria given in the Engineering Technical Manual.
L.
Isolation of roof runoff.
1.
For non-residential and multi-family projects, developers/property
owners may increase the amount of allowable site impervious cover
by installing a rainwater collection system for roof runoff which
can be utilized for irrigating on-site landscaping/vegetation, gray
water applications, wet pond make-up water, or any combination thereof.
2.
Utilization of roof runoff collection can increase the allowable
site impervious cover by up to five (5) percentage points in accordance
with subsection C. above, subject
to all of the following conditions:
(i)
The rainwater collection system shall be designed in accordance
with the Engineering Technical Manual.
(ii)
The rainwater collection system shall be separate from the water
quality storage area(s) that collects and treats stormwater runoff.
The rainwater collected in the tank shall subsequently be used for
irrigation, gray water applications, pond make-up water, or a combination
thereof, only, the delivery system(s) for which must be included in
the approved design, except as modified by (vii) below.
(iii)
Because the rainwater cistern is not considered
a water quality treatment facility due to retention of collected stormwater
for longer than 72 hours, the stormwater volume associated with the
additional impervious cover received due to providing a rainwater
collection system must be treated by one or a combination of the following
methods:
(1)
The water quality treatment facilities (e.g., wet
pond, retention/reirrigation pond) shall be designed to accommodate
the total site impervious cover, including the roof area captured
in a rainwater cistern;
(2)
The rainwater cistern shall be oversized to accommodate
the water quality volume of the captured roof area, which must be
drained in accordance with the City’s rules and regulations
outlined in this section 7.2 and the Design Manual.
(iv)
Only the captured roof area shall count towards the increased
impervious cover allotment of up to five (5) percentage points.
(v)
Roof runoff in excess of the required volume of the cistern
shall be directed to a water quality control facility.
(vi)
If the system is used to irrigate landscaped or natural areas
on the site, the irrigation system shall be designed in accordance
with standard irrigation practices considering such factors as soil
type slope and vegetation and must be approved by the City.
(vii)
Gray water applications shall be designed by
a professional licensed in the State of Texas and must be reviewed
and approved by the City’s Building Official during the building
permit process.
(viii)
This section shall only apply to non-residential
and multi-family projects.
M.
Erosion hazard setback.
1.
Erosion hazard setback determinations shall be made for every
stream in which natural channels and waterways are to be preserved.
Natural channel banks will be protected by use of the determined setbacks
unless a plan to stabilize and protect stream banks is approved by
the City.
2.
Where setbacks are used for erosion protection, no building,
fence, wall, deck, swimming pool or other structure shall be located,
constructed, or maintained within the area encompassing the setback.
3.
Where setbacks are used for erosion protection, no utility shall
be located, constructed, or maintained within the area encompassing
the setback. Where a utility crosses under a channel, the utility
shall be located at a depth no less than three times the average depth
of the channel or as approved by the City Engineer.
4.
Erosion hazard setbacks shall be utilized to provide stream
bank protection for all waterways within the City, as required by
the City Engineer. The setback requirement for each waterway shall
be determined as described in the Design Manual.
N.
Erosion control for nonresidential and multi-family permanent construction.
1.
When construction or land-disturbing activities are conducted
as part of a nonresidential or multifamily construction project in
the City Limits or in the ETJ, as part of the application for a building
permit or a site development permit, the developer shall submit an
erosion control plan to the City for approval.
2.
Permanent erosion control and final stabilization shall be established
prior to the occupancy of any nonresidential or multi-family structure.
Phased occupancy will be allowed only when there are no outstanding
erosion control violations for the project for which the request is
made.
O.
Erosion control for residential lots with building permit. When land-disturbing
activities are conducted on a residential lot for which a building
permit must be issued, the builder shall comply with the following:
1.
Erosion control plan.
2.
City inspection. The City shall inspect the erosion control
devices located at a site for compliance with the approved erosion
control plan submitted for such site.
3.
Violation and correction period.
(i)
If a builder fails to implement or maintain erosion control
devices as specified in the approved erosion control plan, the City
shall provide such party with written notice of noncompliance identifying
the nature of such noncompliance.
(ii)
The builder shall have twenty-four (24) hours to bring the erosion
control devices into compliance with the intent of the approved erosion
control plan for the site where the violation occurred.
(iii)
Modifications to the approved erosion control
plan may be required to maintain all sediment on-site and shall include
the following:
(iv)
The 24-hour cure period may be extended for inclement weather
or other factors at the discretion of the Building Official or City
Engineer.
4.
City reinspection; stop work order; and issuance of citation.
(i)
If the intent of the approved control plan, which is maintaining
sediment on-site, is not met, then the builder shall take action within
twenty-four (24) hours to control soil eroding from the site and clean
up any sediment following issuance of written notice.
(ii)
At the end of the 24-hour correction period, the City shall
reinspect the site and may assess a reinspection fee.
(iii)
If, at the time of such reinspection, the erosion
control devices at the site have not been brought into compliance
with the approved erosion control plan, the City may issue a stop
work order and issue a citation for each violation of the City’s
erosion control requirements.
(iv)
When a stop work order has been issued, a reinspection fee shall
be assessed.
(v)
To obtain a reinspection for removal of the stop work order,
a request must be submitted and a reinspection fee, shall be paid.
5.
Submission of new erosion control plan.
(i)
The builder shall have one week to submit a new erosion control
plan following issuance of written notice.
(1)
Work may continue during the review period. Implementation
of the new plan will be required within twenty-four (24) hours of
plan approval by the City.
(ii)
If no plan is submitted within one week, then construction activities
shall be halted until a new plan is submitted and approved.
6.
Removal of erosion control devices. Upon issuance of a certificate
of occupancy or upon establishing permanent ground cover on a lot,
all temporary erosion control devices shall be removed.
P.
Maintenance of water quality controls and rainwater harvesting and
collection systems.
1.
Maintenance plans.
(i)
Prior to NPS pollution control permit issuance, all applicants
shall prepare a plan describing the measures necessary to maintain
each water quality control required by this article in accordance
with the maintenance guidelines set forth in the Engineering Technical
Manual.
(ii)
Rainwater harvesting/collection systems installed in accordance
with this article shall be included in the maintenance plan.
(iii)
Draft maintenance plans must be submitted to
and approved by the City prior to site and subdivision construction
plan approval.
(iv)
Upon receiving written approval of the draft maintenance plan
from the City, the land owner or land user must record the plan in
the County deed records prior to recordation of the Final Plat or
prior to site and subdivision acceptance; whichever occurs first.
The maintenance plan shall be referenced via a note on the Final Plat.
2.
Maintenance required.
(i)
All water quality control measures and their appurtenances and
rainwater harvesting and collection systems installed in accordance
with this subsection P. shall be maintained
by the applicant or subsequent landowner(s) or land user(s) pursuant
to the approved plan.
(ii)
The maintenance of all BMPs shall be in accordance with the
NPS pollution control permit and the approved maintenance plan.
3.
Maintenance association.
(i)
For developments with Water Quality Controls and/or Rainwater
Harvesting and Collection systems shared by more than one (1) lot,
the respective landowners and land users shall form a maintenance
association (MA) in accordance with this section prior to permit issuance.
A Homeowners’ or Property Owners’ Association may serve
as the required Maintenance Association.
(ii)
All MAs must post financial security or create a maintenance
fund for the purpose of maintaining all water quality controls required
by this article.
(iii)
The duties and responsibilities of an MA may
be performed by a homeowners’ association, property owners’
association, or like entity if it meets the requirements of this section.
(iv)
Before recording the Final Plat, the applicant must submit to
the City the approved articles of association for the MA, as well
as a map showing the boundaries of its jurisdiction.
(v)
The MA must have the following general powers and attributes,
which are reflected in the articles of association:
(1)
The authority to own and convey property;
(2)
The ability to operate and maintain common property,
specifically the water quality controls;
(3)
The authority to establish rules and regulations
that are binding upon its members;
(4)
The authority to assess members maintenance fees
and enforce collection of assessments;
(5)
The ability or standing to sue and be sued;
(6)
The authority to contract for services to provide
operation and maintenance; and
(7)
If the MA is a homeowners’ association, it
must have as members all the homeowners, lot owners, property owners,
or unit owners.
(vi)
The MA must be established in perpetuity; however, if the MA
is dissolved or annexed into the City or a utility district, the articles
of association must provide that the property consisting of the water
quality controls shall be conveyed to the City or a utility district.
(vii)
In addition to the elements required in subsection (v) above, the articles of association of
the MA must clearly state that:
(1)
It is the responsibility of the MA to operate and
maintain the water quality controls;
(2)
The water quality controls are owned by the MA
or described therein as common property;
(3)
There is a method of assessing and collecting the
assessment for operation and maintenance of the water quality controls;
and
(4)
Any amendment that would affect the water quality
controls must be approved by the City.
4.
Phased projects. If an MA is proposed for a project which will
be developed in phases and subsequent phases will utilize the water
quality controls, the MA must have the ability to accept future phases
into the MA.
Q.
Operation of water quality controls. Owners or operators of water
quality controls on the site shall obtain and review an annual operating
permit, as required in subsection 7.3.3.D below.
R.
Wastewater facilities; wastewater treatment by land application.
1.
Construction of wastewater facilities within a WQBZ shall comply
with the restrictions given in subsection 7.3.2.C.
2.
Wastewater treatment by land application shall meet the following
requirements:
3.
Calculation of LUE shall be in accordance with the Design Manual.
4.
Evaluation of land proposed for on-site application of treated
wastewater effluent shall be in accordance with the Design Manual.
5.
Wastewater treatment by land application is prohibited under
the following conditions:
S.
Environmental resources inventory.
(Ordinance 475 adopted 6/28/22; Ordinance
522 adopted 11/14/2023)
A.
Summary of review and approval processes. The City has several approval
processes and permits in place that relate to nonpoint source pollution
control management. These processes and permits are reviewed in the
following subsections:
1.
Zoning process. The applicant must submit the following to document
compliance with this section 7.3:
(i)
When a Concept Plan is required for a zoning application, general
layouts and concepts of the nonpoint source pollution prevention management
system, in accordance with the Design Manual.
(ii)
At the Site Plan phase, detailed layouts, designs, design criteria,
and computations of the nonpoint source pollution prevention management
system, in accordance with the Design Manual.
2.
Subdivision process. The applicant must submit the following
to document compliance with this section 7.3:
(i)
At the Preliminary Plat phase, preliminary layouts, designs,
design criteria, and computations of the nonpoint source pollution
prevention management system, in accordance with the Design Manual.
(ii)
At the time of Subdivision Construction Plans, the applicant
must submit the following to document compliance with this section
7.3:
(1)
Detailed construction drawings and specifications
of the water quality control public improvements to be constructed,
in accordance with the Design Manual;
(2)
Erosion control plan, in accordance with the Design
Manual;
(3)
Stormwater pollution prevention plan (SWPPP), in
accordance with the Design Manual;
(4)
Nonpoint source pollution control plan (NPS), in
accordance with the Design Manual;
(6)
Approved Edwards Aquifer pollution protection program
permit, if required;
(7)
Section 404 permit, if required;
(9)
Fiscal security for the construction of the temporary
erosion and sedimentation controls (including sedimentation basins)
and revegetation in accordance with Section 7.3.3.O. If the applicant wishes to record the final plat
prior to closeout of the SCP permit, fiscal security for the construction
of the permanent water quality controls is required.
(iii)
At the Final Plat, the following documents shall
be submitted to the city with the application for approval of the
final plat, in compliance with this subsection:
3.
Site development permit (site plan). Unless the application
has already demonstrated compliance through the subdivision process,
the applicant must submit the following to document compliance with
this section 7.3:
(i)
Detailed construction drawings and specifications of the water
quality control public improvements to be constructed, in accordance
with the Design Manual;
(ii)
Erosion control plan, in accordance with the Design Manual;
(iii)
Stormwater pollution prevention plan (SWPPP),
in accordance with the Design Manual;
(iv)
Nonpoint source pollution control plan (NPSP), in accordance
with the Design Manual;
(vi)
Approved Edwards Aquifer pollution protection program permit,
if required;
(vii)
Section 404 permit, if required;
5.
Final acceptance or closeout of construction. The applicant
must submit the following to document compliance with this section
7.3:
(i)
Concurrence letters from the engineer and landscape architect
stating the improvements are in general conformance with the approved
plans;
(ii)
Record drawings in digital format;
(iii)
Recordation of all applicable easements, restrictive
covenants, and maintenance plan;
(iv)
Acceptance letters from all applicable jurisdictions including
but not limited to Travis County, West Travis County Public Utility
Agency, and Lake Travis Fire and Rescue;
(v)
CAD (dwg) file(s) of the site improvements including easements
and boundary information (georeferenced in NAD83 Texas Central Zone);
(vi)
Post two (2) year maintenance bond effective at the time of
closeout;
6.
Construction within the ETJ and not subject to subdivision process.
An application for construction within the City’s ETJ and not
subject to the subdivision process, but which is subject to the nonpoint
source pollution control permit, shall be required to submit:
(i)
Detailed construction drawings and specifications of the water
quality control public improvements to be constructed, in accordance
with the Design Manual;
(ii)
Erosion control plan, in accordance with the Design Manual;
(iii)
Stormwater pollution prevention plan (SWPPP),
in accordance with the Design Manual;
(iv)
Nonpoint source pollution control plan (NPSP), in accordance
with the Design Manual;
(vi)
Approved Edwards Aquifer pollution protection program permit,
if required;
(vii)
Section 404 permit, if required;
B.
Fees.
1.
The City may adopt reasonable fees for reimbursement of costs
of implementing its nonpoint source pollution prevention management
program and the cost of implementing this section 7.3, which costs
may include, but not be limited to, the following:
(i)
Fees for monitoring, inspection, and surveillance procedures,
including the cost of collecting and analyzing discharges and reviewing
monitoring reports submitted by dischargers;
(ii)
Fees for spill and release reports and responding to spills
and releases of oil, hazardous and extremely hazardous substances,
and other pollutants;
(iii)
Application and review fees for permits;
(iv)
Application and review fees for submittals associated with the
concept plan, preliminary plat, site plan, construction drawings for
public improvements, and final plats;
(v)
Reapplication and re-review fees;
(vi)
Inspection fees;
(vii)
General consultation with the applicant and with
the City concerning the applicant’s development; and
(viii)
Other fees as the City may deem necessary to
carry out the requirements contained in this section 7.3.
2.
These fees relate solely to the matters covered by this section
7.3 and are separate from all other fees, fines, and penalties chargeable
by the City.
3.
Fees and charges shall be as shown in the City’s adopted
fee schedule and may be amended from time to time.
4.
It is the developer’s or owner’s responsibility
to obtain and comply with the City’s current fee schedule and
submission requirements.
C.
Development permit.
1.
Authorized activities requiring permit.
(i)
Except as provided in Section 7.3.3.C.2, no landowner or land user subject to this article may commence
or conduct development in the watersheds which lie within the City
Limits or the ETJ without first obtaining an NPS pollution control
permit from City.
(ii)
Prior to commencing development and prior to the City approving
an application for a building permit or a site development permit,
the landowner or land user controlling or using the site and desiring
to undertake development subject to this article shall pay an application
fee and submit a complete application for a permit.
(iii)
By submitting an application, the applicant is
authorizing the City to enter the site to obtain information required
for the review of the permit application.
(iv)
The City will issue an NPS pollution control permit upon the
applicant’s submission of a complete permit application and
payment of the application fee, and upon the City’s approval
of the permit application.
(v)
An NPS pollution control permit shall be required for all redevelopment
for which a water quality control is required to be constructed or
modified in accordance with subsection 7.3.2.J above.
(vi)
An NPS pollution control permit shall be required for all utility
construction.
2.
Authorized activities not requiring permit.
(i)
Single-family residence not part of subdivision. No permit is
required for new construction of a single-family residence on a single-family
lot that is not included in an approved Subdivision Construction Plan.
(1)
Landowners or land users undertaking such construction
shall, however, utilize the measures for controlling erosion and sedimentation
and for controlling nonpoint source pollution as described in the
Design Manual during the construction process.
(2)
Such landowners or land users shall, at the time
of application for building permits from the City, demonstrate the
erosion and sedimentation control measures and the nonpoint pollution
control measures that will be used.
(ii)
Existing development. No permit is required for existing development
on the effective date of this section 7.3.
(1)
If, however, improvements or additions are made
after the date of the approval of this section 7.3 that require the
addition of a new water quality control or the modification to an
existing water quality control, then the landowner or land user must
obtain a permit and demonstrate that the pollution resulting from
the development will meet the performance standards set forth in subsection 7.3.2.C above.
(iii)
Final plats approved prior to effective date.
Landowners or land users developing sites for which final subdivision
plats have been approved by City prior to the effective date of this
article do not need a permit.
(1)
Such landowners or land users shall, however, comply
with subsection 7.3.2.K above regarding
erosion and sedimentation control.
(2)
Such landowners or land users shall, at the time
of application for building permits from the City, demonstrate the
erosion and sedimentation control measures that will be used.
(iv)
Utility maintenance. No permit is required for routine maintenance
and installation of utility lines if a landowner or land user complies
with the guidelines set forth in the Design Manual for such activity.
D.
Annual operating permit.
1.
General requirements.
(i)
The owners or operators of all new water quality controls for
multifamily residential development, for single-family subdivision
development, and for nonresidential development must obtain an annual
operating permit.
(ii)
The owner or operator is responsible for the proper operation
and maintenance of the control and for annual permit renewal.
(iii)
The first operating permit will be issued by
the City upon:
(1)
The completion of construction, if applicable;
(2)
Inspection of the control by the City after review
of the maintenance plan accompanying the design engineer’s concurrence
letter of the completion of construction;
(3)
Final inspection approval by the City;
(4)
The issuance of a certificate of compliance or
a certificate of occupancy by the City, if applicable; and
(5)
Payment of the permit fee.
2.
Procedures.
(i)
Prior to site closeout or subdivision acceptance, the annual
operating permit application must be submitted to the city.
(ii)
All water quality controls must be maintained in accordance
with this section 7.3.
(iii)
Each permitted control will be inspected each
year by the City to confirm that proper maintenance, as described
in the maintenance plan, has occurred prior to renewal of the permit.
(iv)
An operating permit shall be required for developed sites with
existing water quality control only when new development or redevelopment
occurs.
3.
Information requirements. The permit application must include
the following:
(i)
Name and address of the water quality control;
(ii)
Name, title and business phone number of the owner or operator;
(iii)
Single point of contact name, phone number, and
fax number;
(iv)
Mailing address of the owner or operator;
(v)
Site plan number on file with the City for the control;
(vi)
Previous operating permit;
(vii)
Signature block for City approval;
(viii)
Special conditions required by restrictive covenant,
or by agreement as a condition of City approval;
(ix)
Maintenance records and date of last maintenance;
(x)
Name of contractor who performed the required maintenance; and
(xi)
Results of required maintenance, including actions taken, materials
removed, disposal location, and components replaced.
4.
Permit renewal.
(i)
It is the responsibility of the permittee to apply to the City
for renewal of the permit no later than thirty (30) calendar days
before the existing permit expires.
(ii)
The application must be accompanied by payment of the appropriate
renewal fee, updated information concerning ownership or facility
operation and enforcement status.
(iii)
Upon receipt of all information and fees, including
a favorable inspection and maintenance report, the City will renew
the permit for a period of one (1) year.
(iv)
Any repair work or modifications of a control not specified
in the maintenance plan shall require the permittee’s engineer’s
concurrence letter, prior to renewal of the permit.
(v)
Permit renewal will be withheld if there is pending enforcement
action against the permittee based on any violations of water quality
regulations at the site.
5.
Transfer. The transfer of the operating permit shall require
the completion of a new permit application, and must be submitted
not later than thirty (30) calendar days after transfer of ownership
or operation of the control.
E.
Functionality inspections.
1.
In addition to the inspection and permitting process provided
in subsection 7.3.3.D, each owner
of on-site water quality control facilities shall obtain from a qualified
professional registered engineer a functionality inspection no less
than once every five (5) years.
2.
The first functionality test is due on or before the expiration
of five (5) years from the date the facility was accepted by the City
and every five (5) years thereafter.
3.
Functionality inspections shall be conducted during or within
72 hours following a rain event which has produced or is producing
a depth of precipitation of at least 0.5 inches over a 24-hour period,
as measured by a local LCRA/NOAA rain gauge, or alternative rain gauge
as approved by the City Engineer. The following, if present, must
be inspected and evaluated at each water quality facility in accordance
with the Design Manual, including but not limited to:
(i)
Dams, berms, levees
(ii)
Spillways
(iii)
Inlets
(iv)
Pipes, culverts, and appurtenances
(v)
Outlets
(vi)
Bank erosion
(vii)
Sedimentation
(viii)
Tree/vegetation management
(ix)
Trash and debris removal
(x)
Water quality impairments
(xi)
Backup power
(xii)
Reservoir drawdown capability
(xiii)
Security issues
(xiv)
Emergency spillway/service spillway
(xv)
Service outlet structure
(xvi)
Service inlet structure
(xvii)
Downstream hazard conditions
(xviii)
Seepage on downstream slope
(xix)
Downstream embankment general condition
(xx)
Upstream embankment
(xxi)
Crest of embankment
(xxii)
Irrigation area
4.
The purpose of the functionality inspection shall be to determine
if each water quality control facility is:
(i)
Operating properly;
(ii)
Pumps, electrical systems, and all appurtenances applicable
to the BMP’s are functional;
(iii)
Structurally integrity protected;
(iv)
Accomplishing the purposes for which it was designed and installed;
and
(v)
Can be improved or modified in a manner that is likely to improve
its functionality or efficiency.
5.
The engineer conducting the functionality inspection shall prepare
and file with the City and the owner a written report that includes
the engineer’s evaluation of whether the water quality facility
is accomplishing the purposes described in subsection 4 above, including any analysis of optional
actions, cost/benefit, any risk associated with the facility, and
any other factor that, in the engineer’s opinion, should be
brought to the attention of the owner and the City.
6.
The owner is responsible for the operation and maintenance of
a water quality management facility and shall make records of all
maintenance installation and repairs.
7.
Records of the inspection, maintenance and repairs must be completed,
signed by the responsible engineer, and retained for a minimum of
five (5) years for review upon City request.
8.
The owner of the water quality facility shall be responsible
for all costs associated with procuring the functionality inspection
and shall provide a written copy of the engineer’s inspection
report not later than thirty (30) days after the sooner of the fifth
(5th) anniversary of the date the facility was first installed and
permitted or the last functionality inspection.
9.
Failure to obtain a functionality inspection may result in revocation
of the owner’s permit and such other enforcement or penalties
of this UDC, and other local ordinances and state and federal laws
and regulations as the City may determine to be appropriate.
10.
In the event that the inspection reveals that the water quality
facility is not accomplishing the purposes for which it was constructed,
or that new or additional BMPs, WQCs, or facilities are necessary
for proper functioning of the facility or the accomplishment of its
intended purposes, the owner shall be required to implement such BMPs
or WQCs or to construct such facilities and, to the extent necessary,
amend the applicable SWPPP, NPDES permit, water quality control maintenance
plan, NPS pollution control permit, or restrictive covenant as a condition
to renewal of the owner or operator’s annual operating permit.
11.
Deficiencies must be addressed within ninety (90) days from
the date identified unless additional time is approved by the City
Engineer.
12.
The person responsible for facility inspection must provide
documentation to the City demonstrating that each deficiency identified
in the inspection report has been corrected.
F.
Water quality control plan.
1.
All applications for developments and construction required
to provide water quality controls under this section 7.3 shall include
a water quality control plan.
2.
The plan shall include all information necessary for the controls
and must be labeled "Water Quality Control Plan" and sealed by the
applicant’s engineer. The plan is required to include all content
in accordance with the Engineering Technical Manual.
G.
Erosion control plan.
1.
In order to clearly identify all erosion and sediment control
measures to be installed and maintained throughout the duration of
the project, a detailed erosion control plan is required prior to
the issuance of the site development permit or the building permit
in accordance with the requirements set forth in the Engineering Technical
Manual.
2.
Each developer shall implement and maintain the erosion control
measures shown on the approved erosion control plan in order to minimize
the erosion and the transport of silt, earth, topsoil, etc., by water
runoff or construction activities, beyond the limits of the developer’s
site onto City streets, drainage easements, drainage facilities, storm
drains or other City property, prior to beginning any land-disturbing
activity.
3.
It shall be an offense for a developer or a third party performing work on a project to violate any of the requirements of subsection 7.3.2 Control Measures or this subsection 7.3.3, including, but not limited to, the following:
(i)
Conducting any land-disturbing or construction activity without
an approved erosion control plan for the location where the violation
occurred;
(ii)
Failing to install erosion control devices or to maintain erosion
control devices throughout the duration of land-disturbing activities,
in compliance with the approved erosion control plan for the location
where the violation occurred;
(iii)
Failing to remove off-site sedimentation that
is a direct result of land-disturbing activities where such off-site
sedimentation results from the failure to implement or maintain erosion
control devices as specified in an approved erosion control plan for
the location where the violation occurred;
(iv)
Allowing sediment-laden water resulting from below-ground installations
to flow from a site without being treated through an erosion control
device; and
(v)
Failing to repair damage to existing erosion control devices,
including replacement of existing grass or sod.
4.
Written notice of violation shall be given to the developer
or his job site representative as identified in the erosion control
plan for a site.
H.
NPDES permit. All operators of sites of construction activity, including
clearing, grading, and excavation activities, that result in the disturbance
of five (5) or more acres of total land area, or that are part of
a common plan of development or sale within which five (5) or more
acres of total land area are disturbed, or who are required to obtain
an NPDES permit for stormwater discharges associated with construction
activity, shall comply with the following requirements:
1.
Applicability.
(i)
Any operator who intends to obtain coverage as an operator for
stormwater discharges from a construction site under the NPDES Construction
General Permit must submit a signed copy of its notice of intent (NOI)
to the City Engineer at least fourteen (14) days prior to the commencement
of construction activities.
(ii)
If the construction activity is already underway upon the effective
date of this article, the NOI shall be submitted within thirty (30)
days.
(iii)
For stormwater discharges from construction sites
where the operator changes, an NOI shall be submitted at least seven
(7) days prior to when the operator commences work at the site.
(iv)
The operator must prepare and implement a stormwater pollution
prevention plan (SWPPP) in accordance with the requirements of the
Construction General Permit or any individual or group NPDES permit
issued for stormwater discharges from the construction site, and with
any additional requirement imposed by or under this section 7.3 and
any other provision of this UDC.
2.
Preparation by certified professional required if more than
one acre.
(i)
On a site of more than one (1) acre in total land area or a
site which is impacted by off-site drainage for more than one (1)
acre, a certified professional must prepare, sign, and seal the SWPPP.
(ii)
The signature and seal of the registered professional engineer
constitutes certification that the SWPPP fully complies with the requirements
of the Construction General Permit, or with any applicable individual
or group NPDES permit issued for stormwater discharges from the construction
site, and with any additional requirement imposed by or under this
section 7.3.
(iii)
The SWPPP must contain the name, title, and business
address of the certified professional signing it, and the date that
he/she did so.
(iv)
The SWPPP shall be completed prior to the submittal of the NOI
to the City and, for new construction, prior to the commencement of
construction activities.
3.
Updates to approved SWPPP.
(i)
The SWPPP must be updated and modified as appropriate and as
required by the Construction General Permit and this section 7.3.
(ii)
A registered professional engineer must prepare, sign, and seal
any update or modification to the SWPPP, if the original SWPPP was
required to have been prepared by a registered professional engineer.
4.
SWPPP required with development applications.
(i)
A copy of any NOI that is required must be submitted to the
City in conjunction with any application for a building permit, site
development, subdivision plat approval, site development plan approval,
and any other City approval necessary to commence or continue construction
at the site.
(ii)
The City Engineer shall require any operator who is required
to prepare a SWPPP to submit the SWPPP, and any modifications thereto,
to the City Engineer for review.
(iii)
Such submittal and review of the SWPPP shall
be required by the City prior to commencement of or during construction
activities at the site.
(iv)
Upon the City’s review of the SWPPP and any site inspection
that it may conduct, the City may deny approval of any building permit,
site development permit, subdivision plat, site development plan,
or any other City approval necessary to commence or continue construction,
or to assume occupancy, on the grounds that the SWPPP does not comply
with the requirements of the construction general permit, any individual
or group NPDES permit issued for stormwater discharge from the construction
site, or any additional requirement imposed by or under this article.
5.
Implementation and monitoring.
(i)
If at any time the City determines that the SWPPP is not being
fully implemented, the City may similarly deny approval of any building
permit, site development permit, subdivision plat, subdivision construction
plan or any other City approval necessary to commence or continue
construction, or to assume occupancy, at the site.
(ii)
The owner shall make the SWPPP and any modification thereto
available to the City upon request, and to EPA and state inspectors.
(iii)
The City may notify the owner at any time that
the SWPPP does not meet the requirements of the Construction General
Permit, any applicable individual or group NPDES permit issued for
stormwater discharges from the construction site, or any additional
requirement imposed by or under this section 7.3.
(iv)
Such notification shall identify those provisions of the permit
or this article which are not being met by the SWPPP, and identify
which provisions of the SWPPP require modifications in order to meet
such requirements. Within seven (7) days of such written notification
from the City, the operator shall make the required changes to the
SWPPP and shall submit to the City Engineer a written certification
that the requested changes have been made.
6.
Amendments to approved SWPPP.
(i)
The operator must amend the SWPPP if the following occurs:
(1)
Whenever there is a change in design, construction,
operation, or maintenance which has a significant effect on the potential
for the discharge of pollutants to the stormwater drainage system
or to the waters of the United States, and which has not otherwise
been addressed in the SWPPP;
(2)
If the SWPPP proves to be ineffective in eliminating
or significantly minimizing pollutants, or in otherwise achieving
the general objective of controlling pollutants in stormwater discharges
associated with construction activity; or
(3)
A new contractor or subcontractor that will implement
a measure in the SWPPP.
7.
Required inspection and reporting required.
(i)
Ongoing inspection. Qualified personnel, provided by the operator
of the construction site, must inspect the following every seven (7)
calendar days and within twenty-four (24) hours following the end
of a storm that is one-half inch (0.5") or greater:
(1)
Disturbed areas of the construction site that have
not been finally stabilized, areas used for storage of materials that
are exposed to precipitation, structural control measures, and locations
where vehicles enter or exit the site.
(2)
Disturbed areas and areas used for storage of materials
that are exposed to precipitation for evidence of, or the potential
for, pollutants entering the drainage system.
(3)
Erosion and sediment control measures identified
in the SWPPP shall be observed to ensure that they are operating correctly.
(4)
Discharge locations or points that are accessible
to as certain whether erosion control measures are effective in preventing
significant impacts to receiving waters.
(5)
Locations where vehicles enter or exit the site
for evidence of off-site sediment tracking.
(ii)
Revision to SWPPP based on inspection.
(1)
Based on the results of the inspections, the site
description and the pollution prevention measures identified in the
SWPPP, the SWPPP shall be revised as appropriate, but in no case later
than seven (7) calendar days following the inspection.
(2)
Such modifications shall provide for timely implementation
of any changes to the SWPPP within seven (7) calendar days following
the inspection.
(iii)
Required reporting and retention.
(1)
A report summarizing the scope of any inspection,
and the name(s) and qualifications of personnel making the inspection,
the date(s) of the inspection, major observations relating to the
implementation of the SWPPP, and actions taken in accordance with
subsection (ii) above shall be made
and retained as part of the SWPPP for at least three (3) years from
the date that the site is finally stabilized.
(2)
Such report must identify any incidence of noncompliance.
Where a report does not identify any incidence of noncompliance, the
report must certify that the facility complies with the SWPPP, the
facility’s NPDES permit, and this subsection 7.3.3.H.
(3)
The report shall be certified and signed by the
person responsible for making the report.
(4)
The owner shall retain copies of any SWPPP and
all reports required by this subsection (iii) or by the NPDES permit
for the site, and records of all data used to complete the NOI, for
a period of at least three (3) years from the date that the site is
finally stabilized.
8.
Final stabilization and notice of termination.
(i)
Where a site has been finally stabilized and all stormwater
discharges from construction activities that are authorized by this
article and by the NPDES permit for those construction activities
are eliminated, or where the operator of all stormwater discharges
at a facility changes, the owner of the construction site shall submit
to the City a notice of termination (NOT) that includes the information
required for notices of termination by part VIII of the Construction
General Permit.
(ii)
Upon final stabilization of the construction site, the owner
or the duly authorized representative thereof shall submit written
certification to the City that the site has been finally stabilized.
(iii)
The City may withhold an occupancy or use permit
for any premises constructed on the site until such certification
of final stabilization has been filed and the City has determined,
following any appropriate inspection, that final stabilization has,
in fact, occurred and that any required permanent structural controls
have been completed.
I.
Waivers from this section.
1.
General provisions.
(i)
The City Council may approve a waiver to one or more provisions
of this section 7.3 if it makes an affirmative finding with regard
to the following:
(1)
That undue hardships will result from strict compliance
with one or more provisions of this section 7.3;
(2)
That the purposes of these regulations may be served
to a greater extent by an alternative proposal;
(3)
The waiver does not have the effect of nullifying
the intent and the purpose of these regulations;
(4)
Granting the waiver will not be detrimental to
the public safety, health or welfare, and will not be injurious to
other property or to the owners of other property, and the waiver
will not prevent the orderly development or use of other property
in the vicinity;
(5)
The conditions upon which the request for a waiver
is based are unique to the property for which the waiver is sought,
and are not applicable generally to other property;
(6)
Because of the particular physical surroundings,
shape or topographical conditions of the specific property involved,
a particular hardship to the property owner would result, as distinguished
from a mere inconvenience, if the strict letter of these regulations
is carried out; and
(7)
An alternate design will generally achieve the
same result or intent as the standards and regulations prescribed
in this section 7.3.
(ii)
Such findings of the City Council, together with the specific
facts upon which such findings are based, shall be incorporated into
the official minutes of the City Council at which a waiver is considered.
(iii)
The City Council may grant a waiver from any
provision of this section 7.3 when the relief granted is in harmony
with the general purpose and intent of this section 7.3 and when the
safety and welfare of the public will be secured and substantial justice
done.
2.
Conditions. In approving a variance, the City Council may require
such conditions which, in its judgment, secure substantially the purpose
described in section 7.3.1.A above.
3.
Procedures.
(i)
The applicant must submit a petition for a variance in writing
by the applicant with the associated development application. If the
applicant does not submit a petition in writing, the associated application
will not be considered complete (see section 1.4.2.E Application Considered Complete).
(ii)
The petition shall state fully the grounds for the application
and the facts relied upon by the petitioner.
(iii)
Where a hardship is identified pursuant to this
section 7.3 which requires issuance of a variance from a provision
in this section 7.3, the Planning and Zoning Commission may, in its
consideration of an associated Plat or other development application
it is required to consider, recommend to the City Council a variance
from the provision in this section 7.3.
(iv)
The City Council may grant final approval to a variance from
this section 7.3 provided that no new information or reasonable alternative
plan exists which, at the determination of the City Council, voids
the need for a variance.
(v)
The City Council’s decision is final.
J.
Citizen complaints.
1.
A citizen may file a written complaint or report to the City
of any spills, releases, illicit connections, other instances of anyone
discharging pollutants into the stormwater drainage system or waters
of the United States, and any other violation of this section 7.3.
2.
The City will process citizen complaints and reports of violations
in accordance with investigative and enforcement provisions of this
UDC.
K.
Release reporting and cleanup.
1.
The person in charge of any facility, vehicle, or other source
of any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
escaping, leaching, dumping, disposing, or any other release of any
of the following quantities of any of the following substances that
may flow, leach, enter, or otherwise be introduced into the stormwater
drainage system or waters of the United States shall immediately notify
the City concerning an incident involving any of the following:
(i)
An amount equal to or in excess of a reportable quantity of
any hazardous substance, as established under 40 CFR part 302;
(ii)
An amount equal to or in excess of a reportable quantity of
any extremely hazardous substance, as established under 40 CFR part
355;
(iv)
Any harmful quantity of any pollutant.
2.
A person performing the notification required by Section 7.3.3.K.1 should be prepared to supply the
following information:
(i)
The identity or chemical name of the substance released, and
whether the substance is an extremely hazardous substance;
(ii)
The exact location of the release, including any known name
of the waters involved or threatened and any other environmental media
affected;
(iii)
The time and duration of the release;
(iv)
An estimate of the quantity and concentration (if known) of
the substance released;
(v)
The source of the release;
(vi)
Any known or anticipated health risks associated with the release
and, where appropriate, advice regarding medical attention that may
be necessary for exposed individuals;
(vii)
Any precautions that should be taken as a result
of the release;
(viii)
Any steps that have been taken to contain and
clean up the released material and minimize its impacts; and
(ix)
The name(s) and contact information of the person or persons
to be contacted for further information.
3.
Within fifteen (15) calendar days following such release, the
responsible person in charge of the facility, vehicle, or other source
of the release shall, unless waived by the City Council, submit a
written report containing each of the items of information specified
in subsection 7.3.3.K.2, as well as
the following additional information:
(i)
The ultimate duration, concentration, and quantity of the release;
(ii)
All actions taken to respond to, contain, and clean up the released
substances, and all precautions taken to minimize the impacts;
(iii)
Any known or anticipated acute or chronic health
risks associated with the release;
(iv)
Where appropriate and releasable under federal law, advice regarding
medical attention necessary for exposed individuals;
(v)
The identity of any governmental/private sector representatives
responding to the release; and
(vi)
The measures taken or to be taken by the responsible person(s)
to prevent similar future occurrences.
4.
Performance of the notifications required by this subsection 7.3.3.K do not relieve the responsible person
of any expense, loss, damage, or other liability which may be incurred
as a result of the release, including any liability for damage to
the City, to natural resources, or to any other person or property.
5.
Any person responsible for any release described in this subsection 7.3.3.K is responsible for any fine, penalty,
or other liability which may be imposed pursuant to this article or
to state or federal law even if that person notified the City of the
release.
6.
Any person responsible for any release as described in this
subsection 7.3.3.K shall comply with
all state, federal, and any other local law requiring reporting, cleanup,
containment, and any other appropriate remedial action in response
to the release. The responsible party shall provide to the City any
and all documentation, reports, or communications with regulatory
authorities associated with the release at the request of the City.
L.
Access for maintenance and monitoring. To provide necessary access
for maintenance and monitoring, water quality controls must be contained
within a water quality easement or restricted platted lot. The easement
documents shall note that water quality restrictions exist on the
property or easement and that any alternative use or alteration must
be approved by the City.
M.
Compliance monitoring prior to and during construction.
1.
Right of entry.
(i)
Any applicant who has filed a permit application or received
a permit under this section 7.3 shall allow entry by the City on the
site for the purposes of inspection and monitoring.
(ii)
Employees and agents of the City are entitled to enter any public
or private property at any reasonable time for the purpose of inspecting
and investigating conditions related to water quality and administration
of this section 7.3.
2.
Predevelopment inspection.
(i)
After permit issuance, but before the installation of permanent
erosion and sedimentation controls and before development commences,
the applicant shall provide a written request to the City for an inspection
of the temporary erosion controls and water quality controls.
(ii)
The City Engineer must oversee the predevelopment inspection
and determine whether the temporary erosion and sedimentation controls
and water quality controls comply with the controlling permit.
3.
Inspections during construction. During construction, the City
will inspect the site to ensure that temporary and permanent erosion
controls are being maintained and that the permanent NPS pollution
controls (BMPs) are being constructed in accordance with the requirements
of this section 7.3.
4.
Final inspection.
(i)
Upon completion of construction and receipt of a concurrence
letter from the Engineer of Record, the City Engineer will conduct
a final inspection of the NPS pollution controls used.
(ii)
The applicant, design engineer, contractor, and field engineer
must attend the final inspection.
(iii)
The City Engineer will determine whether the
NPS pollution controls are in compliance with the permit.
5.
Concurrence letter. The applicant shall confirm that water quality
controls are constructed in conformance with the approved design by
providing a concurrence letter certified by the applicant’s
design engineer.
N.
Compliance monitoring upon project completion.
1.
General provisions.
(i)
The City shall have the right to enter the premises of any site
discharging stormwater to the stormwater drainage system or to water
quality controls or to waters of the United States to determine if
the Owner is complying with all requirements of this article and with
any state or federal discharge permit, limitation, or requirement.
(ii)
Owners must allow the City ready access (no more than 48 hours
from time of request) to all parts of the premises for the purposes
of inspection, sampling, and records examination and copying, and
for the performance of any additional duties.
(iii)
Owners shall make available to the City within
five (5) working days, upon request, any SWPPPs, operating permits,
site development permits, construction permits, modifications thereto,
self-inspection reports, monitoring records, compliance evaluations,
notices of intent, and any other records, reports, and other documents
related to compliance with this section 7.3 and with any state or
federal discharge permit.
(1)
The City shall have the right to set up on the
owner’s property, or require installation of discharger’s
operations.
(2)
The City may require any owner whose property discharges
to the stormwater drainage system or waters of the United States to
conduct specified sampling, testing, analysis, and other monitoring
of its stormwater discharges, and may specify the frequency and parameters
of any such required monitoring.
(3)
The City may require the owner to install monitoring
equipment as necessary at the discharger’s expense. The facility’s
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(4)
Any temporary or permanent obstruction to safe
and easy access to the facility to be inspected or sampled shall be
promptly removed by the discharger at the written or verbal request
of the City and shall not be replaced. The costs of clearing such
access shall be borne by the owner.
(5)
Unreasonable delays in allowing the City access
to the discharger’s premises shall be a violation of this subsection
N.
2.
Search warrants. If the City has been refused access to any
part of the premises from which stormwater is discharged, and the
City is able to demonstrate probable cause to believe that there may
be a violation of this article or any state or federal discharge permit,
limitation, or requirement, or that there is a need to inspect and
sample as part of a routine inspection and sampling program of the
City designed to verify compliance with this article or any order
issued hereunder, or to protect the overall public health, safety,
and welfare of the community, then the City may seek issuance of a
search warrant from any court of competent jurisdiction.
O.
Fiscal security.
1.
Applicability. The applicant must provide Fiscal Security for
the construction of temporary and permanent erosion and sedimentation
controls:
(i)
To construct or modify the controls under a subdivision construction
plan, NPSP plan, site development permit or a building permit is submitted
to the City.
(ii)
The applicant must provide Fiscal Security for the construction
of water quality controls when an application for final plat is submitted
prior to the closeout of the permit for the construction of the required
water quality controls.
2.
Amount and form of fiscal security.
(i)
The amount of the fiscal security shall be determined and certified
by the developer’s engineer and approved by the City Engineer,
and shall be equal to the full construction cost of the controls.
(ii)
Fiscal security for the controls shall be in the form of cash
escrow or a cashier’s check or money order in the specified
amount determined under 2. above.
(iii)
If authorized by the City Manager, a bond or
a letter of credit may be considered by the City as security for the
construction of the controls.
(iv)
The issuer of any bond and letter of credit shall be subject
to the approval as to form by the City Attorney.
3.
Performance bond.
(i)
The property owner shall submit the performance bond utilizing
the standard City of Bee Cave performance bond form or in a form acceptable
to the City Manager and City Attorney. The City Manager shall review
and authorize bond documents within 30 days of the documents submitted
being determined complete.
(ii)
If the City Manager authorizes the developer to post a performance
bond as security for its promises contained in the improvement agreement,
the performance bond must comply with the following requirements:
(1)
All Performance Bonds must be meet the definition
and requirements found in the UDC (see Fiscal Security).
(2)
If the surety on any performance bond furnished
by the owner is declared to be bankrupt or becomes insolvent or its
right to do business is terminated in the state or the surety ceases
to meet the requirements specified in this UDC, the owner must substitute
another performance bond and surety within twenty (20) calendar days.
4.
Letter of credit. If the City Manager authorizes the developer
to post a letter of credit as security, the letter of credit must
comply with the following requirements:
(i)
Be irrevocable;
(ii)
Be for a term sufficient to cover the completion, maintenance,
and warranty periods, but in no event less than two (2) years; and
(iii)
Require only that the City present the issuer
with a sight draft and a certificate signed by an authorized representative
of the City certifying to the City’s right to draw funds under
the letter of credit.
5.
Reduction in fiscal security.
(i)
As portions of the controls are completed in accordance with
the Design Manual and the approved engineering plans and the applicable
permits, the owner may make application to the City Manager to reduce
the amount of the original security.
(ii)
If the City Manager is satisfied that such portion of the improvements
has been completed in accordance with City standards, the City Manager
may (but is not required to) cause the amount of the letter of credit
to be reduced by such amount that the City Manager deems appropriate,
so that the remaining amount of the security adequately insures the
completion of the remaining improvements.
(iii)
Upon acceptance by the City of all required construction
of the controls, the City will authorize a reduction in the security
to ten percent (10%) of the original amount of the security if the
property owner is not in violation of the permit requirements.
(iv)
The remaining security shall be security for the owner’s
covenant to maintain the required controls and to warrant that the
improvements are free from defects for two (2) years thereafter.
6.
Maintenance bond.
(i)
The property owner shall submit the maintenance bond utilizing
the standard City of Bee Cave maintenance bond form or in a form acceptable
to the City Manager and City Attorney.
(ii)
An updated letter of credit or bond shall be submitted to replace
the performance bond and the original performance bond will be returned
to the property owner.
(iii)
In the case of cash security postings, the City
will reimburse the property owner 90% of the original performance
bond amount upon receipt of the maintenance bond documentation. The
remaining ten percent (10%) is held as maintenance surety for two
(2) years.
P.
Supplemental enforcement action.
1.
Performance bond.
(i)
The City Manager may, by written notice, order any owner or
operator of a source of pollution discharge associated with construction
or industrial activity to file a satisfactory bond, payable to the
City, in a sum not to exceed a value determined by the City to be
necessary to achieve consistent compliance with this article, any
order issued hereunder, any required best management practice, or
any SWPPP provision.
(ii)
The City may deny approval of any building permit, grading permit,
subdivision plat, site development plan, or any other City permit
or approval necessary to commence or continue construction or any
industrial activity at the site, or to assume occupancy, until such
a performance bond has been filed.
(iii)
If such a performance bond is ordered, it shall
be released upon the completion of remediation of the pollution discharge
to the satisfaction of the City Engineer.
2.
Liability insurance. The City may, by written notice, order
any owner or operator of a source of stormwater discharge associated
with construction or industrial activity to submit proof that it has
obtained liability insurance, or other financial assurance, in an
amount not to exceed a value determined by the City and approved by
the City Attorney, that is sufficient to remediate, restore, and abate
any damage to the stormwater drainage system, the waters of the United
States, or any other aspect of the environment that is caused by the
discharge.
Q.
Stop work orders.
1.
Whenever any work is being done contrary to the provisions of
this section 7.3, the City Engineer may issue a Stop Work Order by
serving notice on any persons engaged in doing or causing such work
to be done.
2.
The stop work order shall be posted on the property adjacent
to the activity in question, and any such person must stop work until
authorized by the City Engineer to proceed with the work.
R.
Violation and injunctive relief.
1.
Unless otherwise specified, any person found violating this section 7.3 will be subject to enforcement action and penalties specified in section 1.1.13 Violations.
2.
Penalties may include revocation or suspension of a permit issued
under this section 7.3, fines, and withholding of other development
permit approvals including Final Plat approval or Certificate of Occupancy.
(Ordinance 475 adopted 6/28/22; Ordinance
522 adopted 11/14/2023)
