This division shall be applicable to all land development or redevelopment applications for both small and large construction activities, as defined by the TCEQ, unless eligible for an exemption or granted a waiver by the public works department.
(Ordinance 3184, § 1, adopted 5/14/2012)
No person shall commence construction activities on land located within the city that may result in disturbing an area equal to or greater than one acre or less than one acre as part of a larger common plan of development of land prior to preparing and obtaining approval of a stormwater prevention plan in compliance with Part III of TPDES General Permit No. TXR150000 or obtaining a waiver of such requirement from TCEQ.
(Ordinance 3184, § 1, adopted 5/14/2012)
(a) 
The city may provide additional policy, criteria and information including specifications and standards, for the proper implementation of the requirements of this division and may provide such information as part of the storm drainage improvements section of the Public Works Design Manual.
(b) 
The Public Works Design Manual may be amended from time to time based on improvements in engineering, science, monitoring and local maintenance experience. Stormwater treatment practices that are designed and constructed in accordance with these design criteria will be presumed to meet the minimum water quality performance standards.
(Ordinance 3184, § 1, adopted 5/14/2012)
No owner or operator shall be issued any building, grading or other land development permits that are required for land disturbance activities without satisfying the requirements of this division prior to commencement of the proposed activity.
(Ordinance 3184, § 1, adopted 5/14/2012)
(a) 
All applicable land development sites shall be designed according to the specific performance criteria outlined in the Public Works Design Manual or in conformance with a plan designed by an engineer licensed in the State of Texas, approved by the public works department.
(b) 
Prior to design, applicants are required to consult with the public works department to determine if they are subject to additional post-construction stormwater design requirements.
(Ordinance 3184, § 1, adopted 5/14/2012)
All stormwater management practices shall be designed so that the specific storm frequency volumes (e.g., water quality, channel protection, ten-year, one-hundred-year) as identified in the current design manual are met, unless the public works department grants a waiver or the owner is exempt from such requirements. If hydrologic or topographic conditions warrant greater control than that provided by the minimum control measures, the public works department may impose any additional requirements deemed necessary to control the volume, timing, and rate of runoff.
(Ordinance 3184, § 1, adopted 5/14/2012)
(a) 
Stormwater management practices for a site shall be chosen based on the physical conditions of the site. Among the factors that should be considered:
(1) 
Topography;
(2) 
Total maximum drainage area;
(3) 
Depth to water table;
(4) 
Soils;
(5) 
Slopes; and
(6) 
Terrain.
(b) 
Applicants shall consult the Public Works Design Manual for guidance on the factors that determine site design feasibility when selecting a stormwater management practice.
(Ordinance 3184, § 1, adopted 5/14/2012)
All stormwater management practices shall be designed to convey stormwater and allow for maximum removal of pollutants and reduction in flow velocities, which shall include, but are not limited to:
(a) 
Use of structural and nonstructural best management practices (BMPs) and controls;
(b) 
Maximizing of path flow distance from inflow points to outflow points;
(c) 
Protection of inlet and outfall structures; and
(d) 
Elimination of erosive flow velocities.
(Ordinance 3184, § 1, adopted 5/14/2012)
All stormwater management and/or treatment practices shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include any and all maintenance easements required to access and inspect the stormwater practices, and to perform routine maintenance as necessary to ensure proper functioning of the stormwater practice.
(Ordinance 3184, § 1, adopted 5/14/2012)
(a) 
If owners are required by the city to implement structural measures to reduce runoff volumes and velocities at sites where downstream infrastructure is insufficient to accommodate developed flows, the following methods shall be considered appropriate for consideration as structural storm water practices:
(1) 
Swales and channels;
(2) 
Culverts, inlets and pipes;
(3) 
Detention;
(4) 
Energy dissipaters;
(5) 
Infiltration trenches;
(6) 
Stormwater ponds;
(7) 
Porous surfaces; and
(8) 
Re-use (rain harvesting, etc.).
(b) 
The City shall approve the type of structural measure used for each site.
(Ordinance 3184, § 1, adopted 5/14/2012)
(a) 
New and innovative technologies shall be evaluated and are encouraged for use providing that there is sufficient documentation as to their effectiveness and reliability.
(b) 
Alternately, new structural stormwater practices will not be accepted for inclusion in the city until independent performance data shows that the structural control conforms to local and/or state criteria for treatment, conveyance, maintenance and environmental impact.
(Ordinance 3184, § 1, adopted 5/14/2012)
(a) 
Any area of land from which the natural vegetative cover has been either partially or wholly removed by development activities shall be re-vegetated within ten calendar days from substantial completion of such clearing and construction. The following criteria shall apply to re-vegetation efforts:
(1) 
Reseeding must be done with a perennial, non-winter season cover crop accompanied by placement of matting, mulch or its equivalent of sufficient coverage to control erosion until such time as to the cover crop is established over 90 percent of the seeded area.
(2) 
Replanting with native woody and herbaceous vegetation must be accompanied by placement of matting, mulch or an equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion.
(3) 
Any area of re-vegetation must exhibit survival of a minimum of 70 percent of the cover crop throughout the year immediately following re-vegetation. Re-vegetation must be repeated in successive years until the minimum 70 percent survival for one year is achieved.
(b) 
Upon instruction from the public works department, a landscaping plan prepared by a Texas registered landscape architect shall be submitted with the final design describing the vegetative stabilization and management techniques to be used at a site after construction is completed. The landscaping plan will explain not only how the site will be stabilized after construction, but who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. The landscaping plan, if required, must be approved by the Public Works Department prior to land disturbing activities.
(Ordinance 3184, § 1, adopted 5/14/2012)
(a) 
Stormwater system responsible party.
(1) 
For privately-owned stormwater drainage systems and/or water quality devices used for residential or commercial areas, the developer shall be responsible for all of the maintenance and repair of such stormwater drainage systems and/or water quality devices serving that residential or commercial area until the developer or owner no longer has an interest in any property served by the stormwater drainage system and/or water quality device.
(2) 
Once a homeowners' association (HOA) is organized and becomes active for a residential area served by a stormwater drainage system and/or water quality device, the homeowners' association shall be responsible for the maintenance and repair of the stormwater drainage system and/or water quality device.
(3) 
Maintenance of a storm drainage system and/or water quality device shall include such items, but not be limited to:
a. 
Mowing of tall weeds and grass;
b. 
Regular and routine removal of floatables and debris;
c. 
Dredging of silt and removal off-site;
d. 
Correcting failures of inlet or outlet control measure;
e. 
Implementation of erosion mitigation measures;
f. 
Repair and maintenance of aeration equipment; and
g. 
Maintaining optimal operation of underground and above detention.
(b) 
Disclosure of HOA information to the city.
(1) 
Upon the organization and formation of a homeowners' association, the HOA should provide updated contact information to the city for compliance and reporting communications. The minimum information to be provided by the HOA to the city includes:
a. 
Name of subdivision and homeowners' association;
b. 
Name, address, telephone number and email address of any management company involved with activities related to the HOA (if applicable);
c. 
Name, address, telephone number and email address of a direct contact person representing or authorized to act on behalf of the HOA;
d. 
Date of formation of the HOA;
e. 
Current listing of storm water drainage structures and/or water quality devices over which the homeowner's association has control;
f. 
Dates when any changes were made to the HOA board, structure or the storm drainage system and/or water quality device over which the HOA has control.
(2) 
Any changes to the contact information regarding the HOA must be reported immediately to the public works department.
(3) 
The HOA is required annually make contact with the public works department to ensure that all information is up to date.
(c) 
Authorization to inspect, adopt and impose best management practices.
(1) 
The City has the authority to conduct stormwater inspections to require implementation of best management practices where appropriate.
(2) 
The selection, application and maintenance of BMPs must be sufficient to prevent or reduce the likelihood of pollutants entering the receiving storm drainage system.
(3) 
The city may adopt and impose requirements identifying specific BMPs for any activity, operation or facility, which may cause a discharge of pollutants to the storm drainage system. Where specific BMPs are required, every person undertaking such activity or operation or owning or operating such facility shall implement and maintain BMPs at the person's own expense.
(Ordinance 3184, § 1, adopted 5/14/2012)
(a) 
In the event that a stormwater management facility, stormwater drainage system and/or water quality device is deemed by the public works department to be in need of maintenance or repair or is determined a danger to public safety or public health, the public works department shall notify the responsible party in writing for maintenance of the stormwater management facility. The responsible person shall have 15 days after receipt of notice to affect maintenance and repair of the facility in an approved manner. If a danger to public safety, the public works department may require the maintenance or repair to be done immediately to protect the safety of the public.
(b) 
If a responsible party fails or refuses to meet the stormwater facility maintenance requirements of this article, the public works department, after reasonable notice, may cause the necessary work to be done to correct a violation of the design standards or maintenance and assess the responsible party for all incurred costs and expenses.
(Ordinance 3184, § 1, adopted 5/14/2012)