City of Bee Cave, TX Section 7.3 Nonpoint Source Regulations

§ 7.3.1 General.

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. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:

Affected Person

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.

Agricultural Activities

Pasturing of livestock or use of the land for planting, growing, cultivating, and harvesting crops for human or animal consumption.

Agricultural Stormwater Runoff

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.

Background Pollutant Load

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.

Best Management Practice (Bmp)

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.

Bluff

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%).

Commencement of Construction

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.

Commercial Development*

All development other than Single-Family Residential, Detached.

Compost

Decayed organic material used as plant fertilizer.

Critical Environmental Features (CEFs)

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.

Discharge (Hydraulics)

The rate of fluid flow, expressed as the volume of fluid passing a point per unit time, commonly expressed as cubic feet per second.

Discharger

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.

Domestic Sewage

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.

Drainage Area

The horizontal projection of the area contributing runoff to a single control or design point.

Environmental Protection Agency (EPA)

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.

Erosion

The detachment and movement of soil, sediment, or rock fragments by wind, water, ice, or gravity.

Extremely Hazardous Substance

Any substance listed in the appendices to 40 CFR part 355, Emergency Planning and Notification.

Facility

Any Building, Structure, installation, process, or activity from which there is or may be discharge of a pollutant.

Fertilizer

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.

Fill

The man-made deposition and compaction of material to affect a rise in elevation.

Final Stabilization

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.

Flood or Flooding

A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters.

2. The unusual and rapid accumulation or runoff of surface waters from any source.

Grade

The vertical location or elevation of a surface, or the degree of rise or descent of a slope.

Harmful Quantity

The amount of any substance that will cause pollution of water in the state.

Hazardous Household Waste

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.

Hazardous Substance

Any substance listed in table 302.4 of 40 CFR part 302.

Hazardous Waste

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.

Impervious Cover

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.

Industrial Waste

Any waterborne liquid or solid substance that results from any process of industry, manufacturing, mining, production, trade, or business.

Infiltration

The passage or movement of water into the subsurface of the natural land.

Inline Detention Facility

A stormwater detention basin located within either a waters of the United States, Waterway or Upland Waterways.

Licensed Professional Engineer (LPE), Professional Engineer (PE)*

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.

Natural Drainage

A stormwater runoff conveyance system not altered by man-made changes of the land’s surface.

Natural State

The condition of the land existing prior to any development activities.

Net Site Area

(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.

New Construction

Structures for which the "start of construction" commenced on or after the date of adoption of this article by the City.

Nonpoint Source (NPS) Pollution

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.

Nonpoint Source Pollution Control Plan

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.

Notice of Intent (NOI)

The notice of intent that is required by either the site development permit or building permit as it relates to the TCEQ NPDES.

Notice of Termination (NOT)

The notice of termination that is required by either the site development permit or the building permit as it relates to the TCEQ NPDES.

NPDES General Permit for Stormwater Discharges Associated with Industrial Activity (or Industrial General Permit)

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.

NPDES General Permit for Stormwater Discharges from Construction Sites (or Construction General Permit)

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.

Npdes Permit

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.

Oil

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.

Operator

The person or persons who, either individually or taken together, meet the following two criteria:

1. Having operational control over the facility specifications, including the ability to make modifications in specifications; and

2. 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.

Pesticide

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.

Petroleum Product

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.

Petroleum Storage Tank (PST)

Any one or combination of aboveground or underground storage tanks that contain petroleum products and any connecting underground pipes.

Point Source

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.

Pollutant

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.

Pollution

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.

Qualified Personnel

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.

Rainwater Collection or Harvesting System

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.

Release

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.

Riparian Corridor

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).

Rubbish

Non-putrescible solid waste, excluding ashes, that consists of:

1. Combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and

2. 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).

Sediment

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."

Sedimentation

Deposit of detached soil particles.

Septic Tank Waste

Any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

Service Station*

Any retail establishment engaged in the business of selling fuel for motor vehicles that is dispensed from stationary storage tanks.

Sewage (or Sanitary Sewage)

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.

Sheet Flow

Water or stormwater runoff flowing in a thin, diffused layer over the ground surfaces.

Solid Waste

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.

Spring

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.

Stormwater

Any moisture that falls naturally from the atmosphere in a discrete storm event, including snow, sleet, rain, and hail.

Stormwater Drainage System

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.

Stormwater Pollution Prevention Plan (SWPPP)

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.

Threshold Velocity

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.

Upland Waterways

A defined waterway that is a tributary to Little Barton Creek, Barton Creek, or the Colorado River.

Used Oil (or Used Motor Oil)

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.

Water in the State (or Water)

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.

Water Quality Buffer Zone (WQBZ)

Natural riparian areas along waterways and critical environmental features that reduce overland flow velocities and filter pollutants.

Water Quality Control, Best Management Practice (BMP)

A structure, system, or feature that provides water quality benefits by treating stormwater runoff.

Water Quality Standard

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.

Water Quality Volume

The volume of runoff necessary to be captured and treated to meet the performance standards.

Waters of the United States

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.

Watershed

The total area contributing runoff to a stream or drainage system.

Waterway

A natural, defined watercourse as designated on the U.S. Geologic Survey topographic maps.

Wetland

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.

Yard Waste

Leaves, grass clippings, yard and garden debris, and brush that results from landscaping maintenance and land-clearing operations.

(Ordinance 475 adopted 6/28/22)

§ 7.3.2 Control measures.

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:

(1) Total suspended solids (TSS): 90% removal.

(2) Total phosphorus (TP): 90% removal.

(3) Oil and grease (O&G): 90% removal.

(4) Total zinc (Zn): 90% removal (evaluated for crumb rubber turf installations only)[.]

(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

(8) If any tract must be platted at the time of transfer to satisfy [subsection] (6) above, the corresponding plat(s) must include reference to the restrictive covenant memorializing the development intensity transfer required in [subsection](7) above.

(9) A Transfer of Development Intensity cannot be approved for a transferring or receiving tract until the property owner provides evidence demonstrating payment of indebtedness (see Subsection 1.4.2.D).

(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;

(e) Utilities, as subject to the restrictions of subsection (2), below

(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.

(3) All water quality control discharges and stormwater discharges onto a WQBZ or CEF buffer zone shall:

(a) Have diffused sheet flow;

(b) Have peak velocities of less than five (5) feet per second at the 2-year design storm.

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.

1. Nonresidential construction shall be limited to those areas with predevelopment natural grades of less than twenty-five percent (25%) unless approved by the City Engineer.

2. Erosion control, terracing, and water quality control BMPs shall be designed in accordance with the Design Manual.

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.

(iii) Relief.

(1) The City Engineer may grant a waiver to exceed four (4) feet, to allow up to eight (8) feet, using the procedures and criteria of Section 2.6.1.

(2) Relief of eight (8) feet or more shall require approval by the Planning and Zoning Commission, with appeal to City Council, using the procedures and criteria of Section 2.6.1.

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:

(1) Those which, due to their chemical characteristics, potentially contribute significantly to water quality degradation;

(2) Those which, due to the chemical characteristics, potentially would result in minimal water quality degradation.

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:

(i) Areas of impervious cover;

(ii) Lawns using pesticides, herbicides or fertilizers;

(iii) Landscaping using pesticides, herbicides or fertilizers;

(iv) Gardens using pesticides, herbicides or fertilizers;

(v) Golf courses and play fields using pesticides, herbicides or fertilizers;

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.

(i) Prior to approval of a building permit for a residential lot by the City, the builder obtaining the building permit shall submit an erosion control plan for approval by the City.

(ii) No inspection may be performed on a project until a City-approved erosion control plan is implemented.

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:

(1) Sediment cleanup;

(2) Erosion control device repair;

(3) Erosion control device maintenance; and

(4) Installation of additional erosion control devices to prevent reoccurrence of the violation.

(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:

(i) Must have at least eight thousand (8,000) square feet of irrigated land for each living unit equivalent (LUE); or

(ii) Must have at least seven thousand (7,000) square feet of irrigated land for each LUE if the irrigated land has six inches (6") or more of topsoil.

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:

(i) On a slope with a gradient of more than fifteen percent (15%);

(ii) In a WQBZ;

(iii) In a 100-year floodplain; or

(iv) During wet weather conditions (e.g. rain or snow events). Soil shall not be saturated prior to land application to prevent direct runoff of treated wastewater.

S. Environmental resources inventory.

1. An applicant shall file an environmental resources inventory prepared by a Professional Geoscientist licensed in the State of Texas for proposed development located:

(i) Within the Edwards Aquifer Recharge or Contributing zones;

(ii) Over critical environmental features;

(iii) In a WQBZ;

(iv) In a 100-year floodplain (as defined by FEMA); or

(v) On a tract with a gradient of more than twenty-five percent (25%).

2. The environmental resources inventory shall be prepared in accordance with the Engineering Technical Manual.

(Ordinance 475 adopted 6/28/22; Ordinance 522 adopted 11/14/2023)

§ 7.3.3 Administration and enforcement.

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;

(5) Approved NPDES permit, if required by subsection H below;

(6) Approved Edwards Aquifer pollution protection program permit, if required;

(7) Section 404 permit, if required;

(8) Nonpoint source pollution control permit application in accordance with section 7.3.3.C;

(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:

(1) Record Drawings of the water quality control improvements, unless fiscal security has been posted with the City;

(2) Descriptions of the dedicated easements;

(3) Description of the water quality control improvements; and

(4) Application for annual operating permit, in accordance with subsection D below, unless fiscal security has been posted with the City.

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;

(v) Approved NPDES permit, if required by Section 7.3.3.H;

(vi) Approved Edwards Aquifer pollution protection program permit, if required;

(vii) Section 404 permit, if required;

(viii) Nonpoint source pollution control permit application in accordance with section C. below;

(ix) Fiscal security for the construction of the water quality controls and the temporary erosion and sedimentation controls in accordance with Section 7.3.3.O.

4. During construction. The applicant must submit the following to document compliance with this section 7.3:

(i) Notice of intent (NOI);

(ii) Notice of termination (NOT); and

(iii) All construction testing and SWPPP reports;

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;

(v) Approved NPDES permit, if required by Section 7.3.3.H;

(vi) Approved Edwards Aquifer pollution protection program permit, if required;

(vii) Section 404 permit, if required;

(viii) Nonpoint source pollution control permit application in accordance with section C. below;

(ix) Fiscal security for the construction of the water quality controls and the temporary erosion and sedimentation controls in accordance with Section 7.3.3.O.

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.

6. Enforcement. Failure to comply with the provisions of the operating permit is a violation under this subsection 7.3.3.

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.

5. Such notice shall identify the nature of the alleged violation and the action required to obtain compliance with the intent of the approved erosion control plan. See also Section 7.3.2.O.

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.

(iv) Financial hardship to the property owner or developer does not constitute undue hardship as defined in subsection (i) above.

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;

(iii) An amount of oil that either:

(1) Violates applicable water quality standards; or

(2) Causes a film or sheen upon or discoloration of the surface of the water or an adjoining shoreline or causes a sludge or emulsion to be deposited beneath the surface of the water or upon an adjoining shoreline; or

(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.

7. Any person responsible for a release described in this subsection 7.3.3.K shall reimburse the City for any cost incurred by the City in responding to the release.

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.

6. Release of security. The permittee’s fiscal security will be released in accordance with subsection 7.3.3.O.

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)