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City of Schertz Stormwater Management Plan 2014-2019City of Schertz Stormwater luvmmq�mmum �Ij_L'�►_iIIG� s r Stormwater Management Plan Implementation Program Overview The Federal Water Pollution Control Act was passed in 1972. After the law was amended in 1977, it became commonly known as the Clean Water Act'. The Clean Water Act (The Act) established the structure for federal regulation of pollutant discharges into the waters of the United States, authorized the Environmental Protection Agency (EPA) to implement pollution control program, extended the requirements to establish standards or surface water contaminants, and made it unlawful to discharge unpermitted point source pollutants into navigable water. The Act also established funding for construction of sewage treatment plants and promoted planning to address non -point source pollution. In order to reduce stormwater pollution, amendments were made to the Clean Water Act in 1987, requiring stormwater discharges to be permitted in two phases. Phase 1 applied, among other things, to large cities with separate stormwater sewer systems. The regulations required these cities to obtain National Pollutant Discharge Elimination System (NPDES) permits. The permit process imposed controls on the cities to reduce pollution in stormwater discharges. Phase 2 applies to smaller cities. In 1990, the EPA issued final regulations for Phase 2. The Texas Commission on Environmental Quality (TCEQ) issued the Texas Pollutants :Discharge Elimination System (TPDES) General Permit Number TXR040000 (General Permit) for Phase 2 Stormwater on August 13, 2007 in order to create a mechanism for non -Phase I Texas cities with populations of over 1,000 to come into compliance with the federal regulations. On December 13, 2013, TCEQ issued a revision to the General Permit TXR040000 that replaces the 2007 version. With the new General Permit all Small MS4s are defined by levels based on the population served in and Urban Area (UA) according to the 2010 decennial census. Schertz' population was 31,465 defining the community as a Level 2 Small MS4. The process of applying for coverage under and maintaining conformance to the General Permit begins with submitting two documents to the TCEQ. The first document is a form provided by the TCEQ, called a Notice of Intent (NOI). The second document is this document, the proposed Implementation Program for the Stormwater Management Plan (SWMP). The Implementation Program for the SWMP proposed to reduce stormwater pollution by increasing the city's control of pollution sources. The Implementation Program provides maps (see Tab 2) and photos (see Tab 2), which identify many of the points where stormwater is discharged from the city to other municipalities. The plan must be fully implemented within 5 years of the TCEQ's issuance of the General Permit. -1- Stormwater Management Plan Implementation Program The general schedule is as shown: December 13, 2013 The TCEQ issued the General Permit. June 11, 2014 Submit NOI and a SWMP Implementation Program to the TCEQ. 1. Receive public comment for at least 30 days. Hold a public meeting if a high level of interest exists. TCEQ staff will facilitate the meeting. 2. File a copy and an affidavit of the publication of notice(s). 3. The TCEQ shall approve, approve with conditions, or deny the NOI. December 11, 2018 . The SWMP must be fully implemented. A detailed, comprehensive schedule for the Implementation Program is provided behind Tab 8 of this document. The Implementation Program proposes the means to develop, to implement, and to enforce a plan to reduce the discharge of pollutants to the maximum extent practicable (MEP). It identifies six (6) Minimum Control Measures (MCMs), which are required to be addressed by the General Permit: 1. Public Education, Outreach, and Involvement — Distribute educational materials, provide presentations to inform citizens about stormwater pollution and /or provide opportunities for citizens to participate in program development and implementation. See Tab 1. 2. Illicit Discharge Detection and Elimination (IDDE) — Detect and eliminate illicit discharges to the storm system. See Tab 2. 3. Construction Site Stormwater Runoff Control — Control erosion and sediment in non - municipal construction activities. See Tab 3. 4. Post - Construction Stormwater Management in New Development and Redevelopment — Control pollutant discharges from new development and redevelopment areas. See Tab 4. 5. Pollution Prevention and Good Housekeeping for Municipal Operations — Prevent or reduce pollutant runoff from municipal operations. See Tab 5. 6. Industrial Stormwater Sources — Monitor and regulate as needed pollutants from industrial or commercial sites. See Tab 6. The Implementation Program proposes scheduling for each MCM and establishes criteria for measuring the success of the implementation. The detailed proposals for each MCM are provided behind tabs which are numbered correspondingly. -2- Stormwater Management Plan Implementation Program The City must maintain records on the SWMP, submit an annual report to the TCEQ on December 13 of each of the permit years, and submit other records to the TCEQ when requested. The records must include documentation pertaining to the effectiveness of BMPs and shall be included in the annual reports as required in Part IV.13.2 of the General Permit. The records must also be kept available to the public. Any changes to the SWMP must be included in the annual report as described in Part IV.B.2. of the General Permit and must meet the requirements of Part II.D. L of the General Permit. The city must report non - compliance with the General Permit to the TCEQ and maintain accurate records at TCEQ offices. The City elects not implement the optional MCM No. 7: Authorization for Construction Activities where the Small MS4 is the Site Operator. The reason for non- implementation of this MCM is twofold. First, most of the city's projects are too small to require permitting under TPDES General Permit TXR150000. Second, most of the city's projects are performed by contractors who are hired by the city. Conformance to TPDES General Permit TXR150000 is routinely made part of the construction contract. All Construction Activity that discharges or may potentially discharge from the MS4 within the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer must include a Water :Pollution Abatement Plan (W:PAP) required by Edwards Aquifer Rule (30 TAC Chapter 213) to be included or referenced on all construction stormwater pollution prevention plans. The Water Quality Impaired Water Bodies directly discharged to from the City of Schertz MS4 without approved TMDLs will be studied and reported in accordance with Part II. Section D.4.b of the TPDES General Permit TXR0400000. This includes SedID 1811A, SegID 1902, and SegID 1913 on the "2012 Texas Integrated Report Index of Water Quality Impairments ". If the City of Schertz MS4 is found to discharge the pollutant of concerns for any or all of the water body segments than any required monitoring, establishing targeted BMPs, and reporting will be performed. -3- Stormwater Management Plan Implementation Program Section Description Location MCM No. 1: Public Education, Outreach, and Involvement Tab I MCM No. 2: Illicit Discharge Detection and Elimination (IDDE) Tab 2 MCM No. 3: Construction Site Stormwater Runoff Control Tab 3 MCM No. 4: Post - Construction Stormwater Management in New Development and Redevelopment Tab 4 MCM No. 5: Pollution Prevention and Good Housekeeping for Municipal Operations Tab 5 MCM No. 6: Industrial Stormwater Sources Tab 6 Definitions and Acronyms Tab 7 Comprehensive Schedule Tab 8 Receiving Waters of Impaired Quality on the Clean Water Act § 303(d) List Tab 9 Ordinance 13 -M -31 Tab 10 Stormwater Management Plan Implementation Program Minimum Control Measure No. 1. Public Education, Outreach, and Involvement The City will develop and implement a public education program which will distribute educational materials to the community and /or conduct equivalent outreach activities that will be used to inform the public. The City will direct its education and outreach efforts toward multiple segments of the population to promote a broad understanding among those who have the potential to impact stormwater quality. Efforts will be directed toward residents, visitors, public service employees, businesses, commercial and industrial facilities, and construction site personnel. This MCM will inform the public about the impacts that stormwater runoff can have on water quality, hazards associated with illegal discharges and improper disposal of waste, and steps that can be taken to reduce pollutants in stormwater runoff. The City will develop and implement means for the public to become involved and to participate in the process of preventing or reducing stormwater pollution. Further, the City will seek to encourage citizens and business owners to invest themselves more into preventing and reducing stormwater pollution and, thereby, to increase the effective resources in perceiving and in addressing stormwater pollution problems. The City will, at a minimum, comply with any state and local public notice requirements when implementing this public involvement/participation program. The general rule will be to open opportunities to participate in the SWMP development and implementation to all people in the City, The City shall document the activities performed and materials used to fulfill this MCM. Documentation shall be detailed enough to demonstrate the amount of resources used to address each group. This documentation shall be included in the annual reports which are required in Part IV.B.2. of the General Permit. Discussions of the Best Management Practices (BMPs) to be utilized in public education, outreach, and involvement follow: BMP 1.1: Brochures and Fact Sheets Description — Develop or obtain informational brochures and fact sheets pertaining to the improvement and preservation of stormwater quality. Distribute through city website and /or utility mailings such as bills and notices. Place brochures at City Hall, the Public Works Office, the Library and at the Chamber of Commerce /Visitors' Center. Coordinate with other nearby government offices and /or utilities to determine if resources might be shared in a productive manner. The City will target bacteria by distributing brochures specifically targeting bacteria sources. The City also has signage and an Ordinance that requires the public to pick up and dispose of their pet's waste properly. Frequency and Target Population — The BMP will be directed toward: 1. Residents — through residential mailings once a year and through continuous postings at City Hall and the Library; through signage installed in high pedestrian -5- Stormwater Management Plan Implementation Program traffic areas that brings awareness to the requirement to pick up pet waste and dispose of properly; 2. Visitors — through continuous postings at City Hall, at the Chamber of Commerce /Visitors' Center, and the Library; through signage installed in high pedestrian traffic areas that brings awareness to the requirement to pick up pet waste and dispose of properly; 3. Public service employees — through continuous postings at City Hall and in the Public Works Office; 4. Businesses — through business mailings once a year; 5. Commercial and industrial facilities — through business mailings once a year; and 6. Construction site personnel — through instructions attached to the all construction permits. The instructions will require contractors to prominently display a particular brochure or fact sheet on the project site in plain view for the workers to read. Topics — Brochures and fact sheets will educate residents on how to maintain their homes in an environmentally - friendly manner including proper fertilizer, herbicide, and pesticide use; proper waste disposal; and proper septic system maintenance. Other brochures and fact sheets will address construction, commercial, industrial, institutional pollution issues and other target populations. Evaluation Criteria for Effectiveness — The number and frequency of mailings and publishings shall be recorded in the document file. Implementation Start Date — The city will continue to have brochures and fact sheets available to the public at the existing sites. The brochures and fact sheets will be assessed and updated as needed and the new material will be fully implemented by June 11, 2015. BMP 1.2: Speakers to Address Public Groups Description — Invite environmental professionals, such as TCEQ or EPA representatives or others, to make presentations at public meetings on promoting stormwater quality. The City will development a program to visit Homeowner Association meeting and provide education on stormwater quality awareness, specifically the discharge of the pollutant of concern bacteria from sources that many residents can help control. Frequency — Speakers will be invited annually. Target Population — The BMP will be directed toward all of the following who attend public meetings: L Residents; 2. Visitors; 3. Public service employees; 4. Businesses; 5. Commercial and industrial facilities; and 6. Construction site personnel. WON Stormwater Management Plan Implementation Program Evaluation Criteria for Effectiveness — The number, frequency, and topic of the presentation shall be recorded in the document file. Implementation Start Date — The City will plan and schedule speakers yearly beginning December 11, 2014. The City will have its first speaker address a City Council meeting between December 11, 2014 and December 11, 2015. BMP 1.3: School Educational Program and Public Service Announcement Planning Description — Arrange for stormwater quality educational materials to reach schools and seek opportunities to make presentations on the prevention of stormwater pollution. Further, determine what existing efforts are in place to issue Public Services Announcements. Coordinate with other agencies and utilities to determine the feasibility of joining existing efforts. Consider web page slide shows and videos. Frequency — Visit area schools once a year to deliver materials and work to find presentation opportunities. Work on a plan to issue yearly Public Service Announcements Target Population — The BMP will be directed toward residents and specifically school aged youth. Evaluation Criteria for Effectiveness — The City will plan by investigating potential speakers and materials from through December 11, 2014. . The City will make its first outreach effort to the school districts by December 11, 2015 and will continue to make work with them at least once a year. The City will plan and work with other entities to issue a feasible Public Service Announcement. First announcement will be planned before December 11, 2016. BMP 1.4: Drain Marking Description — Arrange for City staff to mark all existing public storm drains with a plaque. Set a yearly inspection schedule to ensure all new public storm drains will be marked and inspected within a year of acceptance. Frequency — Inspect and mark all public drains yearly. Target Population — The BMP will be directed toward anyone in the vicinity of the storm drain, potentially including residents, visitors, public service employees, businesses, commercial and industrial facilities, and construction site personnel. Evaluation Criteria for Effectiveness — Record the location, date, existence of plaque, and activity pertaining to each inlet in the document file. -7- Stormwater Management Plan Implementation Program Implementation Start Date — The City will ensure all existing drains are marked by December 13, 2015. The City will continue to mark all new public storm drains and inspect all of its public storm drains yearly. BMP 1.5: Questionnaires Description — The City will issue a questionnaire periodically to invite comments and observations from the public regarding stormwater pollution. The questionnaire will be distributed through the city newsletter and/or utility mailings such as bills and notices. The questionnaire will also be publicized at City Hall in a conspicuous and publicly accessible location. Response to the questionnaire will be evaluated by City personnel and/or consultants to determine if repairs, construction projects, ordinances, or changes in City practice are appropriate. City staff will make recommendations to council if appropriate. Frequency — The questionnaire will be issued and tabulated every two years in odd - numbered years. Evaluation Criteria for Effectiveness — Copies of the completed questionnaires shall be kept in the document file. Implementation Start Date — The City will plan by considering local conditions, developing questions, and re- formatting the questionnaire from through June 11, 2015. The City will issue and tabulate results from its first batch of questionnaires by December 11, 2015. . BMP 1.6: NOI and NOC Public Comment Description — Post this SWMP Implementation Program in a public place at city hall for public review. When comments from the TCEQ's Executive Director are received regarding this SWMP Implementation Program, publish in the city's official notice newspaper and on the City web page a notice that states that the comments have been received and that public review and comment are invited. Provide at least 30 days for public comment. In the event that significant public interest participation. Frequency — This will occur once, when the NOI has been submitted and the initial comments are received from the Executive Director. It will also occur on a recurring basis at least to the extent required by the TCEQ when NOCs are submitted. Evaluation Criteria for Effectiveness — Record copies of the Executive Director's comments, the public newspaper notice, public meeting records, and any written public comments in the document file. Implementation Start Date — Publish the newspaper notice inviting public review and comment within two weeks of receipt of the Executive Director's preliminary determination (comments). Host the public meeting within 90 days of receipt of the Executive Director's preliminary Stormwater Management Plan Implementation Program determination (comments). The same time frames will apply to the NOC process if required by the TCEQ. BMP 1.7: Recurring Public Comment Description — Post this SWMP Implementation Program in a public place at City Hall for ongoing public review. Provide regular opportunities for attendees of City Council meetings to address the Council on matters that could include the SWMP and its Implementation Program. The regular "Citizens to Be Heard" item on the agenda (or its equivalent) will satisfy this requirement. Frequency — This will be a reoccurring opportunity, according to the regular City Council meeting schedule (currently our council meets weekly). Evaluation Criteria for Effectiveness — Record copies of City Council minutes and supplemental documents, if any, in the document file. Implementation Start Date — The City will receive reoccurring comment after the initial comment period is complete. The schedule is not controlled by the city, but is dependent on when the TCEQ review of the NOI is completed. However, it is estimated that the opportunity for public comment will commence June 11, 2014. BMP 1.8: Volunteer Proiects Description — Certain stormwater pollution problems may be suitable for being addressed by volunteers. When a city staff member becomes aware of such a potential project, he or she shall notify the official in charge of stormwater quality. If the official concurs that the project is appropriate for public volunteers, he or she shall notify fitting groups, such as scouts or benevolent organizations, of the opportunity to perform such a service. Such projects may include simple trash and sediment clean -ups. The official in charge of stormwater quality shall notify appropriate volunteer organizations once a year of the possibility of upcoming projects and develop a list of potential anticipants. Care will be taken to match skill and maturity level to project difficulty and hazard levels. Obtain and use release forms from City Attorney. Frequency — The frequency of projects will vary depending on climate variations, flood conditions, and the timing of pollution accidents or events. Evaluation Criteria for Effectiveness — Record the annual contacts in the document file. Record any project event, the participants, and the accomplishments with a form and photos in the document file (if available). Implementation Start Date — The City will plan by investigating potential projects and materials from through December 11, 2014. The City will make its first contacts of potential volunteer groups in the calendar year of 2014 and as appropriate there after. Many actual project Stormwater Management Plan Implementation Program dates are dependent on unplanned events and cannot be scheduled. If some events occur regularly, then the volunteer efforts will be planned accordingly. -10- Stormwater Management Plan Implementation Program Minimum Control Measure No. 2: Illicit Discharge Detection and Elimination (IDDE) The City will develop and implement new program initiatives to detect and to eliminate illicit discharges to the MS4. This MCM specifies the techniques to be used to detect illicit discharges, provides actions for eliminating the illicit discharges, and provides the basis for applying the Ordinance. The Ordinance is, to the extent allowable under state and local law, to establish enforcement procedures for removing the source of an illicit discharge. The following non - Stormwater flows (from list in Part ILC of the General Permit) do not need to be considered as illicit discharges requiring elimination unless the Operator of the MS4 or the Executive Director identifies the flow as a significant source of pollutants to the MS4: 1. Water line and fire hydrant flushing (excluding discharges if hyperchlorinated water, unless the water us first dechlorinated and discharges are not expected to adversely affect aquatic life); 2. Runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing potable water, groundwater, or surface water sources; 3. Discharges from potable water sources that do not violate Texas Surface Water Quality Standards; 4. Diverted stream flows; 5. Rising ground waters and springs; 6. Uncontaminated ground water infiltration; 7. Uncontaminated pumped ground water; 8. Foundation and footing drains; 9. Air conditioning condensation; 10. Water from crawl space pumps; 11. Individual residential vehicle washing; 12. Flows from wetlands and riparian habitats; 13. Dechlorinated swimming pool discharges that do not violate Texas Surface Water Quality Standards; 14. Street wash water excluding street sweeper waste water; 15. Discharges or flows from emergency fire fighting activities (fire fighting activities do not include washing of trucks, runoff water from training activities, test water from fire suppression systems, and similar activities); 16. Other allowable non - stormwater discharges listed in 40 CFR § 122.26(d)(2)(iv)(B)(1); 17. Non- stormwater discharges that are specifically listed in the TPDES Multi Sector General Permit (MSGP) TXR050000 or the TPDES Construction General permit (CGP) TXR150000; 18. Discharges that are authorized by a TPDES or NPDES permit or that are not required to be permitted; and 19. Other similar occasional incidental non- stormwater discharges such as spray park water, unless the TCEQ develops permits or regulations addressing these discharges. -11- Stormwater Management Plan Implementation Program The listed sources are not expected to be significant sources of pollutants because of the nature of their discharges. Consequently, no special controls or conditions are established. Any changes to the SWMP must be included in the annual report as described in Part IV.B.2. of the General Permit and must meet the requirements of Part II.D.3 of the General Permit. The city shall develop inspection forms and document MS4 inspections and the results of the inspections. This documentation shall be retained in the annual reports which are required in Part IV.B.2 of the General Permit. Discussions of the Best Management Practice (BMPs) to be utilized in public involvement and participation follow: BMP 2.1: Storm Sewer Map Description — The City has a map of the storm system. The map, with its source cited, is found in this section (Tab 2) following the list of BMPs. An up -to -date map will be completed by the end of calendar year 2014 and include the location of all outfalls, the names and locations of all waters of the U.S. that receive discharge from the outfalls, zones pertaining to inspection schedules, and additional information required to implement the SWMP. The source of information used to develop the final storm sewer map will be cited on the map. A description of how the outfalls were verified will be developed with photos, where possible. Photos of some outfalls and other significant storm conveyance features are keyed to the preliminary map (Tab 2) and are found following the map within the same section (Tab 2). The Storm Sewer Map will be updated periodically based on inspection records and construction drawings for recently completed projects that affect the drainage system. This documentation shall be retained in the annual reports which are required in Part IV.B.2 of the General Permit. Frequency — The Storm Sewer Map will be revised every two years in the even - numbers years. Evaluation Criteria for Effectiveness — At least one copy of the completed/revised Storm Sewer Map, marked with the latest revision date, shall be recorded in the document file. Implementation Start Date — The City will plan by revising the Storm Sewer Map, the new edition of the Storm Sewer Map will be complete by December 11, 2014. The map will be updated every two years thereafter. BMP 2.2: Illicit Discharge Detection Plan Description — The City will provide a schedule for staff to inspect all public storms drains yearly to detect illicit discharges and will include forms to be used to document the results of the inspection. The plan will identify city staff that will perform the inspections and provide training -12- Stormwater Management Plan Implementation Program for the task. Inspection techniques may include: visual conservation, conventional photography, in -pipe photography, sampling and analysis of water quality and water characteristics, dye testing, and smoke testing. The plan will also provide actions for eliminating the illicit discharges and provide the basis for establishing an ordinance. The city will use the Storm Sewer Map to develop an inspection plan. The map will be used to divide the City onto inspection zones. The City will determine a regular time each year for each zone to be inspected for illicit discharges. The City will contact and provide support for the entities responsible for on -site sewage disposal systems and implement an implement a monitoring schedule for the systems. Frequency — Each zone identified on the completed Storm Sewer Map will be assigned an inspection season, which is a portion of the calendar year during which the zone's stormwater conveyance system will be inspected. The inspections will occur annually during dry weather, when illicit discharges are easier to identify. Allowance shall be made for the fact that weather does not always permit inspections to occur at the scheduled times. Evaluation Criteria for Effectiveness — The City shall file completed inspection forms documenting MS4 inspections and the results of the inspections in the document file with photos and other supporting documents as appropriate. Implementation Start Date — The City currently inspects the storm drains annually. The City will plan for implementation of a more detailed monitoring program and training during the calendar year 2014. The first inspections of all inspection zones, based on the updated edition of the Storm Sewer Map, will be completed by December 11, 2015 and will continue annually thereafter. The City will plan and organize the inspection of on -site sewage disposal system with the responsible entities through December 11, 2016. An inspection and compliance schedule will be in place by December 11, 2017. BMP 2.3: Illicit Discharge Ordinance Description — The City shall review, revise and pass any changes to the ordinance which, to the extent allowable under state and local law, will further identify illicit discharges, prohibit illicit discharges, and establish enforcement procedures for removing the sources of illicit discharges. Evaluation Criteria for Effectiveness — The City shall file a copy of the adopted ordinance in the City's Unified Development Code and in the document file. Implementation Start Date — The City will revise the Ordinance as needed prior to June 11, 2017. The existing ordinance (see Tab 10), which will prohibit and eliminate illicit discharges, has been adopted by city council prior to the submittal of the NOI and this document (the SWMP). BMP 2.4: Illicit Discharge and Dumping Hotline Description — The City shall establish a phone number for reporting illicit discharges and publish the phone number in places that are readily accessible to the public. At the special -13- Stormwater Management Plan Implementation Program number, the phone will be answered by trained city staff who will be equipped with forms for recording incoming phone calls and trained in how to refer the information for action. A recording system will accept phone calls after hours. Evaluation Criteria for Effectiveness - Completed forms, showing the nature of incoming phones calls and the resulting actions will be filed in the document file. Implementation Start Date — The City has a Customer Relations /311 Department that is trained to forward Illicit Discharge and Dumping concerns to the proper personnel. All new employees will be trained beginning June 11, 2015 and provided the list of personnel trained to handle the phone calls. -14- Stormwater Management Plan Implementation Program General Drainage Plan — Map -15- Stormwater Management Plan Implementation Program -16- Stormwater Management Plan Implementation Program Pictures -17- Stormwater Management Plan Implementation Program 9", Stormwater Management Plan Implementation Program -19- c Stormwater Management Plan Implementation Program -20- Stormwater Management Plan Implementation Program -21- Stormwater Management Plan Implementation Program -22- Stormwater Management Plan Implementation Program -23- Stormwater Management Plan Implementation Program -24- Stormwater Management Plan Implementation Program -25- Stormwater Management Plan Implementation Program -26- Stormwater Management Plan Implementation Program -27- Stormwater Management Plan Implementation Program 'E:2 Stormwater Management Plan Implementation Program -29- Stormwater Management Plan Implementation Program -30- Stormwater Management Plan Implementation Program -31- Stormwater Management Plan Implementation Program -32- Stormwater Management Plan Implementation Program -33- Stormwater Management Plan Implementation Program Minimum Control Measure No. 3: Construction Site Stormwater Runoff Control The city will, to the extent allowable under State and local law, develop, implement, and enforce new program initiatives to reduce pollutants in construction stormwater runoff from projects that disturb areas of one or more acres of land or projects that are part of a larger common plan of development or sale that would disturb one or more acres of land. The plan will not pertain to sites where the construction site operator has obtained a waiver from permit requirements under NPDES or TPDES construction permitting requirements based on a low potential for erosion. The program will include any revisions of the ordinance requiring erosion and sediment controls with sanctions to ensure compliance to the extent allowable under state and local law; requirements for construction site contractors to control erosion and sediment; requirements for controlling construction waste; procedures for the City's review of site plans; procedures for receiving information and complaints; and procedures for the City to inspect construction sites and to enforce controls. The City shall document the activities conducted and material used to fulfill this MCM. This documentation shall be retained in the annual reports which are required in Part IV.B.2. of the General Permit. Discussion of the Best Management Practices (BMPs) to be utilized in public involvement and participation follow: BMP 3.1: Technical Manual for Construction Runoff Description — The City will develop a manual to explain appropriate erosion and sedimentation controls for construction site. The manual will provide alternative solutions and give guidance as to when those alternatives are appropriate. The manual will also establish minimum control thresholds and proper maintenance criteria. The manual will be developed with the intent of establishing consistency with other small cities in the region and providing a streamlined approach that will be user - friendly for designers and contractors. Frequency — The technical manual will be posted on the City's web site. Some hard copies will also be available at City offices with building permits. Evaluation Criteria for Effectiveness — The technical manual will be made available on the City's website and in hard copy upon request. The manual distribution will be incorporated into the building permit process. A copy of the completed technical manual will be recorded in the document file. Implementation Start Date — The City currently has this BMP met with our Unified Development Code and the Public Works Specifications Manual. The city will plan and update the manual according to this SWMP, state law, and local practices as needed. Developers and contractors will be made aware of the effective date of any revisions in conformance with City -34- Stormwater Management Plan Implementation Program policy. The manual will be fully updated according to this SWMP no later than December 11, 2016. BMP 3.2: Site Plan Review Program Description — Update the program that will require city staff to review site plans and stormwater pollution prevention plans for eligible projects. The review process will be attached to all construction permit processes and will ensure that proper measures are incorporated into the construction procedures that will control erosion, sedimentation, and other sources of stormwater pollution. The plan will identify city staff to perform the reviews. Frequency — All eligible projects will be reviewed. Evaluation Criteria for Effectiveness — Review all eligible projects. Execute review forms and keep a record of results available according to record retention law and city policies. Implementation Start Date — The city will update the record keeping process for the program during the period June 11, 2014 through June 11, 2016. City staff will be required to follow the new record - keeping process of the program beginning June 11, 2016. The program will be reviewed for updates at least annually. BMP 3.3: Construction Site Inspection Program Description — The City will develop the record - keeping procedures for inspection of construction sites for erosion sedimentation, and other sources of stormwater pollution. The program will identify which city staff will perform inspections. It will provide a protocol for inspectors and develop inspection forms to be retained according to record retention laws and city policy. Evaluation Criteria for Effectiveness — Inspect all eligible projects. Resolve all instances of non - compliance. Record copies of completed inspection forms and related documents, will be retained according to record retention laws and city policy. Implementation Start Date — The city will plan and update the program during the period June 11, 2014 through June 11, 2016. City staff will be required to follow the program beginning June 11, 2016. The program will be reviewed for updates at least annually. BMP 3.4: Construction Stormwater Management Ordinance Description — The City will revise the ordinance to support the new program initiatives which, to the extent allowable under State and local law, will establish eligibility for construction sites to be inspected and enforced by the city; establish requirements for contractors to reduce pollutants in construction stormwater runoff; specify sanctions to ensure compliance; establish requirements to control construction waster; and require city review of site plans. -35- Stormwater Management Plan Implementation Program Evaluation Criteria for Effectiveness — Record copies of adopted ordinance and supplemental documents, if any, in the document file. Implementation Start Date — The City will revise the ordinance as needed and update the record keeping process during the period June 11, 2014 through June 11, 2016. . The ordinance will be in compliance with the requirements of this SWMP effective as of June 11, 2016. BMP 3.5: Construction Runoff Hotline Description — The City shall establish a phone number for reporting construction site runoff complaints and publish the phone number in places that are readily accessible to the public. At the special number, the phone will be answered by trained city staff equipped with forms for recording incoming phone calls and trained in how to refer the information for action. A recording system will accept phone calls after hours. Evaluation Criteria for Effectiveness — Completed forms, showing the nature of incoming phones calls and the resulting actions will be filed in the document file. Implementation Start Date — The City has a Customer Relations /Central Dispatch department that is trained to forward Construction Site Runoff concerns to the proper personnel. All new employees will be trained beginning June 11, 2015 . and provided the list of personnel trained to handle the phone calls. -36- Stormwater Management Plan Implementation Program Minimum Control Measure No. 4: Post - Construction Stormwater Management in New Development and Redevelopment The City will, to the extent allowable under state and local law, develop, implement, and enforce a program to address stormwater runoff from eligible new development and redevelopment projects. The program will apply to projects that disturb one acre of land or more and smaller projects that are part of a larger common plan of development or sale that will result in a total disturbance of one or more acres. The program will ensure that controls are implemented to prevent or to minimize water quality impacts. The program will include developing and implementing strategies which include a combination of structural and /or non - structural BMPs appropriate for the community. The City will adopt an ordinance to address post - construction runoff and will ensure adequate long -term operation and maintenance of the implemented BMPs. The City shall document the activities performed and materials used to fulfill this MCM. This documentation shall be retained in the annual reports which are required in Part IV.B.2 of the General Permit. Discussions of the Best Management Practice (BMPs) to be utilized in public involvement and participation follow: BMP 4.1: Technical Manual for Post - Construction Runoff Description — The City will develop a manual to explain appropriate erosion, sedimentation, and other pollutant controls for developed sites. The manual will provide alternative solutions and give guidance as to when those alternatives are appropriate. The manual will also establish minimum control thresholds and proper maintenance criteria. The manual will be developed with the intent of establishing consistency with other small cities in the region and providing a streamlined approach that will be user- friendly for developers. Frequency — The technical manual will be scanned and made available on the City's web site. Some hard copies will also be available at city offices with building permits. Evaluation Criteria for Effectiveness — The City Council will officially adopt the technical manual. The manual distribution will be incorporated into the building permit process. A copy of the completed technical manual will be recorded in the document file. Implementation Start Date — The City currently has this BMP met with our Unified Development Code and the Public Works Specifications Manual. The city will plan and update the manual according to this SWMP, state law, and local practices as needed. Developers and contractors will be made aware of the effective date of any revisions in conformance with City policy. The manual will be fully updated according to this SWMP no later than December 11, 2016. -37- Stormwater Management Plan Implementation Program BMP 4.2: Site Review Program for Post - Construction Runoff Description — Develop a program that will require city staff to review site plans and stormwater pollution prevention plans for eligible projects. The review process will be attached to the building permit process and will ensure that proper measures are incorporated into the construction procedures that will control erosion, sedimentation, and other sources of stormwater pollution. The plan will identify city staff to perform the review. Frequency — All eligible projects will be reviewed. Evaluation Criteria for Effectiveness — Review all eligible projects. Execute review forms and record results with photos and other pertinent materials in the document file. Implementation Start Date — The City will update the record keeping process for the program during the period June 11, 2014 through June 11, 2016. . City staff will be required to follow the new record - keeping process of the program beginning June 11, 2016. The program will be reviewed for updates at least annually. BMP 4.3: Long -Term Inspection and Maintenance Plan for Post - Construction Runoff. Description — The City will develop the record - keeping procedures for inspection of post - construction stormwater management controls on a long -term basis. The program will identify which city staff will perform inspections. It will provide a protocol for inspectors and develop inspection forms to be retained according to record retention laws and city policy. Evaluation Criteria for Effectiveness — Inspect all eligible projects. Resolve all instances of non - compliance. Record copies of completed inspection forms and related documents, will be retained according to record retention laws and city policy. Implementation Start Date — The City will plan and update the program during the period June 11, 2014 through June 11, 2016. City staff will be required to follow the program beginning June 11, 2016. The program will be reviewed for updates at least annually. BMP 4.4: Post - Construction Stormwater Management Ordinance Description — The City will revise the ordinance to support the new program initiatives which, to the extent allowable under State and local law, will establish requirements for stormwater quality controls for post - construction conditions; specify sanctions to ensure compliance; establish long -term inspection and maintenance requirements; and require city review of proposed long -term stormwater pollution prevention plans. Evaluation Criteria for Effectiveness — Record copies of adopted ordinance and supplemental documents, if any, in the document file. 9 "411. Stormwater Management Plan Implementation Program Implementation Start Date — The City will revise the ordinance as needed and update the record keeping process during the period June 11, 2014 through June 11, 2016. The ordinance will be in compliance with the requirements of this SWMP effective as of June 11, 2016. -39- Stormwater Management Plan Implementation Program Minimum Control Measure No. 5: Pollution Prevention and Good Housekeeping for Municipal Operations The city will develop and implement an operation and maintenance program with the goal of preventing or reducing pollutant runoff from facilities it owns and operates. Examples of Municipal operations could include, but are not limited to: 1. Composting facilities; 2. Equipment storage and maintenance facilities; 3. Fuel storage facilties; 4. Hazardous waste disposal facilties; 5. Hazardous waste handling and transfer facilities; 6. Incinerators; 7. Landfills; 8. Materials storage yards; 9. Pesticide storage facilities; 10. Buildings, including schools, libraries, police stations, fire stations, and office buildings; 11. Parking lots; 1.2. Golf courses; 13. Swimming pools; 1.4. Public Works yards; 15. Recycling facilities; 16. Salt storage facilities; 17. Solid waste handling and transfer facilities; 18. Street repair and maintenance sites; 19. Vehicle storage and maintenance yards; and 20. Structural stormwater controls. The program will provide employee training and a list of applicable BMPs. The training program will apply to all employees who are responsible for municipal operations that are subject to the pollution prevention/good housekeeping program. The training program will include training materials directed at preventing and reducing stormwater pollution from municipal operations. The City will develop a maintenance plan for structural BMPs that will establish the frequency and manner of approach and preserve the effectiveness of the BMPs. The plan will also address the disposal of waste, including dredge spoil; accumulated sediments, and floatables. The program will include a list of municipal operations that are subject to the operation, maintenance, or training program developed under the conditions o this section; and municipally owned or operated industrial activities that are subject to TPDES industrial stormwater regulations. The City shall document the activities performed and materials used to fulfill this MCM. This documentation shall be retained in the annual reports which are required in Part IV.B.2. of the General Permit. .1 Stormwater Management Plan Implementation Program Discussions of the Best Management Practices (BMPs) to be utilized in public involvement and participation follow: BMP 5.1 Municipal Employee Pollution Prevention Manuals Description — The City will develop written manuals for city employee reference related to proper handling of processes which may impact stormwater quality. The manuals will specify what methods will be used to reduce the potential for polluting, and what methods should be used to clean up spills and other types of pollution. These manuals will provide a basis for training as listed in BMP 5.2. The City inspects their lift stations daily to keep up routine maintenance and to reduce the overflow of the Sanitary Sewer system a significant source for the discharge of bacteria. The City will continue these inspections on the new permit cycle as well as work with the counties our City Limits are located in to ensure the OSSF's are being maintained properly. Frequency — See BMP 5.2 for training frequency. Update manual every three years. Evaluation Criteria for Effectiveness — Copies of the completed manual shall be recorded in the document file. The manuals will also be located in areas that are accessible to the employees who are to use them. The manual locations will also be recorded in the document file. Implementation Start Date — The city will plan and develop the manuals from June 11, 2014 through December 11, 2017. Municipal employees will be required to conform to the manual beginning December 11, 2017. The manual will be reviewed for updates at least every three years. BMP 5.2: Municipal Employee Training Description — The City will update the program to train City employees who handle processes which may impact stormwater quality. The program will identify what process have the potential to impact stormwater, identify what employees should receive training, specify what methods will be used to train them, and what forms and methods will be used to certify that the training has been accomplished. Frequency — The City will provide training on an annual basis and when employees are introduced to pertinent processes. Evaluation Criteria for Effectiveness — Copies of the completed program shall be recorded in the document file. The training completion documentation shall also be recorded in the document file. Implementation Start Date — The City will update and develop the new training program from June 11, 2014 through December 11, 2017. Municipal employees will be required to learn the manual beginning December 11, 2017. The training program will be reviewed for updates at least every three years. -41- Stormwater Management Plan Implementation Program BMP 5.3: Sediment Trap Planning Description — Inspect and study the stormwater system to see if it is discharging an excess sediment load that could be contributing stormwater pollutions. Review the system to see if there are any locations that would be suitable for feasible sediment traps. If appropriate, develops a plan to design and to maintain sediment traps. Frequency — Review the entire stormwater drain system. Evaluation Criteria for Effectiveness — Issue a brief report and record with photos and other pertinent materials in the document file. Implementation Start Date — The City will continue to study sediment conditions and include in its yearly annual report any activity related to this BMP. BMP 5.4: Trash Trap Planning Description — Inspect and study the storm sewer system to see if it is discharging an excess trash . load that could be contributing stormwater pollutants. Review the system to see if there are any locations that would be suitable for feasible trash traps. If appropriate, develop a plan to design and to maintain trash traps. Evaluation Criteria for Effectiveness — Issue a brief report and record with photos and other pertinent materials in the document file. Implementation Start Date — The City will continue to monitor priority areas, identify new ones and include in its yearly annual report any activity related to this BMP. BMP 5.5: Street Sweeping: Description — This City will operate power street sweeping equipment regularly to remove dust, sediment, and debris from street surfaces. Document efforts with forms. This effort is intended to reduce the amount of pollutants washed from street surfaces into receiving streams. Frequency — Sweep each public street in the City at least once a month (currently our sweepers run a weekly schedule). Evaluation Criteria for Effectiveness — Complete street sweeping forms regularly and record in the document file. Implementation Start Date — The City already engages in regular street sweeping. The City will continue to study its effectiveness and include in its yearly annual report any activity related to this BMP. -42- Stormwater Management Plan Implementation Program Minimum Control Measure No. 6: Industrial Stormwater Sources This MCM would identify and control pollutants in stormwater discharges to the small MS4 from the landfills; other treatment, storage, or disposal facilities for municipal waste (for example transfers stations and incinerators); hazardous waste treatment, storage, disposal, and recovery facilities and facilities that are subject to Emergency Planning and Community Right - to -Know Act (ECPRA) Title III, Section 313; and any other industrial or commercial discharge the permittee determines are contributing a substantial pollutant load to the small MS4. However, this MCM is not required for a Level 2 small MS4 and the city has elected not to use this MCM. The City does have in place ordinances that allow for the enforcement of monitoring on all sites discharging to the small MS4 and ability to reasonably inspect these same sites. If the City elects to implement this MCM in the future a NOC would have to be submitted notifying the executive director of the change. Since the city elects no to implement this MCM, no documentation will be retained unless required under MCM No. 2: Illicit Discharge Detection and Elimination (IDDE). -43- Stormwater Management Plan Implementation Program Definitions and Acronyms The following explanations of stormwater management terminology are from the TCEQ's TPDES General Permit No. TXR040000. A. Definitions Arid Areas — Areas with an average rainfall of less than ten (10) inches. Best Management Practice (BMPs) — Schedules of activities, prohibitions of practices, maintenance procedures, structural controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices to control runoff, spills or leaks, waste disposal, or drainage from raw material storage areas. Catch Basins — Storm drain inlets and curb inlets to the storm drain system. Catch Basins typically include a grate or curb inlet that may accumulate sediment, debris, and other pollutants. Classified Segment — refers to a water body this is listed and described in Appendix A or Appendix C of the Texas Surface Water Quality Standards, at 30 Texas Administrative Code JAC) § 307.10. Clean Water Act (CWA) — The Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Pub. L. 92 -500, as amended Pub. L. 95 -217, Pub. L. 95 -576, Pub. L. 96 -483 and Pub. L. 97 -117, 33 U.S.C. 1251 et.seq. Common Plan of Development or Sale — A construction activity that is completed in separate stages, separate phase, or in combination with other construction activities. A common plan of development or sale is identified by the documentation for the construction project that identifies the scope of the project, and may include plats, blueprints, marketing plans, contracts, building permits, a public notice or hearing, zoning request, or other similar documentation and activities. Construction Activity — Soil disturbance, including clearing, grading, and excavating; and not including routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site (e.g., the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right -of -ways, and similar maintenance activities). Regulated construction activity is defined in terms of small and large construction activity. Small Construction Activity is construction activity that results in land disturbance of equal to or greater than one (1) acre and less than five (5) acres of land. Small construction activity can also include the disturbance of less than one (1) acre of total land area that is part of a larger common plan of development or sale if the larger Stormwater Management Plan Implementation Program common plan will ultimately disturb equal to or greater than one (1) acre and less than five (5) acres of land. Large Construction Activity is construction activity that results in land disturbance of equal to or greater than five (5) acres of land. Large construction activity can also include the disturbance of less than five (5) acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than five (5) acres of land. Construction Site Operator — The entity or entities associated with a small or large construction project that meet(s) either of the following two criteria: (a) The entity or entities that have operational control over construction plans and specifications (including approval or revisions) to the extent necessary to meet the requirements and conditions of this general permit; or (b) The entity or entities that have day -to -day operational control of those activities at a construction site that are necessary to ensure compliance with a stormwater pollution prevention plan (SWP3) for the site or other permit conditions (for example they are authorized to direct workers at a site to carry out activities required by the SWP3 or comply with other permit conditions). Control Measure — Any BMP or other method used to prevent or reduce the discharge of pollutants to water in the state. Conveyance — Curbs, gutters, man -made channels and ditches, drains, pipes, and other constructed features designed or used for flood control or to otherwise transport stormwater runoff. Discharge — When used without a qualifier, refers to the discharge of stormwater runoff or certain non - stormwater discharge as allowed under the authorization of this general permit. Edwards Aquifer — As defined in 30 TAC §213.3 (relating to the Edwards Aquifer), that portion of an arcuate belt of porous, water - bearing, predominantly carbonate rocks known as the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east to the northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, and Williamson Counties; and composed of the Salmon Peak Limestone, McKnight Formation, West Nueces Formation, Devil's River Limestone, Person Formation, Kainer Formation, Edwards Formation, and Georgetown Formation. The permeable aquifer units generally overlie the less - permeable Glen Rose Formation to the south, overlie the less - permeable Comanche Peak and Walnut Formations north of the Colorado River, and underlie the less - permeable Del Rio Clay regionally. Edwards Aquifer Recharge Zone — Generally, that area where the stratigraphic units constitution the Edwards Aquifer crop out, including the outcrops of other geologic formations in proximity to the Edwards Aquifer, where caves, sinkholes, faults, fractures, or other permeable features would create a potential for recharge of surface waters into the Edwards Aquifer. The -45- Stormwater Management Plan Implementation Program recharge zone is identified as that area designated as such on official maps located in the offices of TCEQ or the TCEQ website. Final Stabilization — A construction site where any of the following conditions are met: (a) All soil disturbing activities at the site have been completed and a uniform (for example, evenly distributed, without large bare areas) perennial vegetative cover with a density of 70 percent of the native background vegetative cover for the area had been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed. (b) For individual lots in a residential construction site by either: (1) The homebuilder completing final stabilization as specified in condition (a) above; or (2) The homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, final stabilization. (c) For construction activities on land used for agricultural purposes (e.g. pipeline across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that ere not previously used for agricultural activities, such as buffer strips immediately adjacent to a surface water and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition (a) above. (d) In arid, semi -arid, and drought - stricken areas only, all soil disturbing activities at the site have been completed and both of the following criteria have been met: (1) Temporary erosion control measures (e.g., degradable rolled erosion control product) are selected, designed, and installed along with an appropriate seed base to provide erosion control for at least three years without active maintenance by the operator, and (2) The temporary erosion control measures are selected, designed, and installed to achieve 70 percent vegetative coverage within three years. General Permit — A permit issued to authorize the discharge of waste into or adjacent to water in the state for one or more categories of waste discharge within the geographical area of the state or the entire state as provided by Texas Water Code (TWC) §26.040. 9E Me Stormwater Management Plan Implementation Program Groundwater Infiltration — For the purpose of this permit, groundwater that enters a municipal separate storm sewer system (including sewer service connections and foundation drains) through such means as defective pipes, pipe joints, connections, or manholes. High Priority Facilities — High priority facilities are facilities with a high potential to generate stormwater pollutants. These facilities must include, at a minimum, the MS4 operator's maintenance yards, hazardous waste facilities, fuel storage locations, and other facilities where chemicals or other materials have a high potential to be discharged in stormwater. Among the factors that must be considered when giving a facility a high priority ranking are: the amount of urban pollutants stored at the site, the identification of improperly stored materials, activities that must not be performed outside (for example, changing automotive fluids, vehicle washing), proximity to water bodies, proximity to sensitive aquifer recharge features, poor housekeeping practices, and discharge of pollutant(s) of concern to impaired water(s). Hyperchlorinated Water — Water resulting from hyperchlorination of waterlines or vessels, with a chlorine concentration greater than 10 milligrams per liter (mg /L). Illicit Connection — Any man -made conveyance connecting an illicit discharge directly to a municipal separate storm sewer. Illicit Discharge - Any discharge to a municipal separate storm sewer that is not entirely composed of stormwater, except discharges pursuant to this general permit or a separate authorization and discharges resulting from emergency fire - fighting activities. Impaired Water — A surface water body that is identified on the latest approved CWA §303(d) list as not meeting applicable state water quality standards. Impaired waters include waters with approved or established total maximum daily loads (TMDLs), and those where a TMDL has been proposed by TCEQ but has not yet been approved or established. Indian Country — Defined in 18 USC Section § 1151 as: (a) All land within the limits of any Indian reservation under the jurisdiction of the United State (U.S.) Government, notwithstanding the issuance of any patent, and including rights -of -way running through the reservation; (b) All dependent Indian communities within the borders of the U.S. whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and (c) All Indian allotments, the Indian titles to which have not been extinguished, including rights - of -way running through the same. This definition includes all land held in trust for an Indian Tribe. Indicator Pollutant — An easily measured pollutant, that may or may not impact water quality that indicates the presence of other stormwater pollutants. Industrial Activity — Any of the ten (10) categories of industrial activities included in the definition of "stormwater discharges associated with industrial activity" as defined in 40 Code of Federal Regulations (CFR) §122.26(b)(14)(i) -(ix) and (xi). -47- Stormwater Management Plan Implementation Program Maximum Extent Practicable (MEP) — The technology -based discharge standard for municipal separate storm sewer systems to reduce pollutants in stormwater discharges that was established by CWA §402(p). A discussion of MEP at it applies to small MS4s is found at 40 CFR § 1 22.34. MS4 Operator — For the purpose of this permit, the public entity or the entity contracted by the public entity, responsible for management and operation of the small municipal separate storm sewer system that is subject to the terms of this general permit. Municipal Separate Storm Sewer System (MS4) - A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man -made channels, or storm drains): (a) Owned or operated by the U.S„ a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over the disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district, or similar entity, or an Indian tribe or an authorized Indian tribal . organization, or a designated and approved management agency under the CWA §208 that discharges to surface water in the state; (b) That is designed or used for collecting or conveying stormwater; (c) That is not a combined sewer; and (d) That is not part of a publicly owned treatment works (POTW) as defined in 40 CFR § 122.2. Non - traditional Small MS4 — A small MS4 that often cannot pass ordinances and may not have the enforcement authority like a traditional small MS4 would have to enforce the stormwater management program. Examples of non - traditional small MS4s include counties, transportation authorities (including the Texas Department of Transportation), municipal utility districts, drainage districts, military bases, prisons and universities. Notice of Change (NOC) — Written notification from the permittee to the executive director providing changes to information that was previously provided to the agency in a notice of intent. Notice of Intent (NOI) — A written submission to the executive director from an applicant requesting coverage under this general permit. Notice of Termination (NOT) — A written submission to the executive director from a permittee authorized under a general permit requesting termination of coverage under this general permit. Outfall — A point source at the point where a small MS4 discharges to waters of the U.S. and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect segments of the same stream or other waters of the .• Stormwater Management Plan Implementation Program U.S. and are used to convey waters of the U.S. For the purpose of this permit, sheet flow leaving a linear transportation system without channelization is not considered an outfall. Point sources such as curb cuts, traffic or right -of -way barriers with drain slots that drain into open culverts, open swales or and adjacent property, or otherwise not actually discharging into waters of the U.S. are not considered an outfall. Permittee — The MS4 operator authorized under this general permit. Permitting Authority — For the purpose of this general permit, the TCEQ. Point Source — (from 40 CFR §122.22) any discernible, 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 discharge. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff. Pollutant(s) of Concern — For the purposes of this permit, includes biochemical oxygen demand (BOD), sediment or a parameter that addresses sediment (such as total suspended solids (TSS), turbidity or siltation), pathogens, oil and grease, and any pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from as MS4. (Definition from 40 CFR § 122.32(e)(3)). Redevelopment — Alterations of a property that changed the "footprint" of a site or building in such a way that there is a disturbance or equal to or greater than one (1) acre of land. This term does not include such activities as exterior remodeling, routine maintenance activities, and linear utility installation. Small Municipal Separate Storm Sewer System (MS4) — A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man -made channels, or storm drains): (a) Owned or operated by the U.S., a state, city, town, borough, county, district, association, or other public body (created by or pursuant to State Law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under CWA §208; (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; (d) Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR § 122.2; and .. Stormwater Management Plan Implementation Program (e) Which was not previously regulated under a National Pollutant Discharge Elimination System (NPDES) or a Texas Pollutant Discharge Elimination System (TPDES) individual permit as a medium or large municipal separate storm system, as defined in 40 CFR § § 122.26(b)(4) and (b)(7). This term includes systems similar to separate storm sewer systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. This term does not include separate storm sewers in very discrete areas, such as individual buildings. For the purpose of this permit, a very discrete system also includes storm drains associated with certain municipal offices and education facilities serving a nonresidential population, where those storm drains do not function as a system, and where the buildings are not physically interconnected to a small MS4 that is also operated by that public entity. Stormwater and Stormwater Runoff — Rainfall runoff, snow melt runoff, and surface runoff and drainage. Stormwater Associated with Construction Activity — Stormwater runoff from an area where there is either a large construction or a small construction activity. Stormwater Management Program (SWMP) — A comprehensive program to manage the quality of discharges from the municipal separate storm sewer system. Structural Control (or Practice) — A pollution prevention practice that requires the construction of a device, or the use of a device, to capture or prevent pollution in stormwater runoff. Structural controls and practices may include but are not limited to: wet ponds, bioretention, infiltration basins, stormwater wetlands, silt fences, earthen dikes, drainage swales, vegetative lined ditches, vegetative filter strips, sediment traps, check dams, subsurface drains, storm drain inlet protection, rock outlet protection, reinforced soil retaining systems, gabions, and temporary or permanent sediment basins. Surface Water in the State — Lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state (from the mean high water mark (MHWM) out 10.36 miles into the Gulf), and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the beds and banks of all water - courses and bodies of surface water, that are wholly or partially inside or bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which are authorized by state or federal law, regulation, or permit, and which are created for the purpose of waste treatment are not considered to be water in the state. Total Maximum Daily Load (TMDL) — The total amount of a substance that a water body can assimilate and still meet the Texas Surface Water Quality Standards. Urbanized Area (UA) — An area of high population density that may include multiple small MS4s as defined and used by the U.S. Census Bureau in the 2000 and the 2010 decennial census. -50- Stormwater Management Plan Implementation Program Waters of the United States — (According to 40 CFR § 122.2) Waters of the United States or waters of the U.S. means: (a) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all water which are subject to the ebb and flow of the tide; (b) all interstate waters, including interstate wetlands; (c) all other waters such as interstate lakes, rivers, streams (including intermittent stream), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) Which are or could be used by interstate or foreign travelers for recreational or other purposes. (2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) Which are used or could be used for industrial purposes by industries in interstate commerce; (d) All impoundments of water otherwise defined as waters of the United States under this definition; (e) Tributaries of waters identified in paragraphs (a) through (d) of this definition; (f) The territorial sea; and (g) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR §423.11(m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the U.S. (such as disposal area in wetlands) nor resulted from the impoundment of waters of the U.S. Waters of the U.S. do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the CWA, the final authority regarding CWA jurisdiction remains with EPA. -51- -52- Stormwater Management Plan Implementation Program B. Commonly Used Acronyms BMP Best Management Practice CFR Code of Federal Regulations CGP Construction. General Permit, TXR1.50000 CWS Clean Water Act DMR Discharge Monitoring Report EPA Environmental Protection Agency FR Federal Register IP Implementation Procedures MCM Minimum Control Measure MSGP Multi- Sector General Permit, TXR050000 MS4 Municipal Separate Storm Sewer System NOC Notice of Change NOD Notice of Deficiency NOI Notice of Intent NOT Notice of Termination (to terminate coverage under a general permit) NPDES National Pollutant Discharge Elimination System SWMP Stormwater Management Program SW3P, Stormwater Pollution Prevention Plan SWPPP TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality TPDES Texas Pollutant Discharge Elimination System TWC Texas Water Code -52- Stormwater Management Plan Implementation Program Comprehensive Schedule -53- Stormwater Management Plan Implementation Program Receiving Waters of Impaired Quality on the Clean Water Act § 303(d) List Pcar•earrreter!s/ categorl Year Segment Fir tListed bacteria 5c 2010 1811A 01 Lower 25 ntile4 oftisater body, parameter(s) cartegor t Yeor .Se�werat First Listed bacteria 5b 2004 1902_01 Lois er 5 u7iles of se --meat 1902_02 From 5 miles upstrearn ofconfluence with the Sari Antonio Rfver to FM 541 190203 From FM 541 to confluence with Clifton Branch Prrrcmerer(s) Cate--071 impaired fish community 5c 19020-1 From 5 miles upstream ofconfauence �iith the Sate Antonio R:i er to FM 541 Area 291303 From approx. 0.50 mi. u;pstrerx »a ofBuffalo Lora: in Obolo to upper end ofseginent bacteria Yem,.Se,_gn nrFirstListeri 2000 c 1006 Category= 5: The aater body does not meet applicable water quality standards or is threatened for one or more designated iises by one or more pollutants. Cate of -i:' 5cr - TN11DLs are undenvay =, scheduled, or will be Scheduled for one or moire parameters. C fite oii, 5b - A review, of the staiidards for one or more parai eters will be conducted before management stlate i 111c in i�y p rs' n to the water quality standards. C ate oT:i 5c - Additional data or information will be collected and!or evaluated for one or more parameters before a management strategy is selected. -54- Stormwater Management Plan Implementation Program Ordinance 13 -M -31 -55- ORDINANCE NO. 13 -M -31 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, PART III, UNIFIED DEVELOPMENT CODE, ARTICLE 13 — LAND DISTURBING ACTIVITIES AND DRAINAGE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY WHEREAS, the City Council of the City of Schertz, Texas (the "City") desires to protect the safety and welfare of the citizens of the City through regulation of land disturbing activities and the design, construction and maintenance of drainage facilities in the City; WHEREAS, the Planning and Zoning Commission ( "P &Z ") of the City voted to recommend approval of the provisions for regulating land disturbing activities and the design, construction and maintenance of drainage facilities set forth herein at the regular meeting on August 14,2013; WHEREAS, the City Staff of the City has recommended that the City Council adopt the provisions set forth herein, which regulate land disturbing activities and the design, construction and maintenance of drainage facilities in the City; and WHEREAS, the City Council has determined that the regulation of land disturbing activities and the- design, construction and maintenance of drainage facilities in the City, as set forth in Exhibit A, is in the best interests of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I The City of Schertz, Texas Code of Ordinances, Part III, Unified Development Code, Article 13 — Land Disturbing Activities and Drainage is hereby amended as set forth in Exhibit A attached. SECTION II The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION III 1 All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. SECTION IV This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION V If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION VI It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION VII Pursuant to Section 4.09(e) of the City Charter, by vote of not less than two- thirds of the members of the City Council present at the meeting at which this Ordinance was first considered, the City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a single reading, and this Ordinance shall be effective upon the date hereof and any publication required by law. This Ordinance will apply to all final subdivision plats approved on or after that date. Subdivisions that are under construction at this time will not be required to follow the adopted amendments. PASSED, APPROVED AND ADOPTED ON FIRST AND FINAL READING, the 201h day of August, 2013. CITY OF R S Mayor, Michael R. Carpenter, ATTEST: 2 ecretary, City of Schertz, Texas (SEAL OF CITY) EXHIBIT A CODE OF ORDINANCES, PART III, UNIFIED DEVELOPMENT CODE, ARTICLE 13 - LAND DISTURBING ACTIVITIES AND DRAINAGE 0 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code Article 13 Land Disturbing Activities and Drainage Sec. 21.13.1 Clearing and Grading A. No removal of trees, land clearing and/or grading activities shall occur without the required approvals and permits including but not limited to the Grading and Clearing Permit and Tree Permits. Grading and clearing activity shall be limited to the limits of grading area identified on an approved grading plan. A Grading and Clearing Permit is required for any land disturbing activities greater than 0.1 acres outside of the FEMA designated special flood hazard area (SFHA), and all areas within the SFHA unless specifically exempted in this Section. B. All Grading and Clearing permits shall be reviewed by the City Engineer and Public Works Department and approved by the City Engineer or his/her designee. Grading and Clearing Permits shall be reviewed in accordance with this Unified Development Code, the Public Works Specifications Manual, the City of Schertz Code of Ordinances, and any other applicable law, code, or regulation governing grading and clearing activity. C. The following shall be exempt from the requirement for Grading and Clearing Permit: 1. grading and clearing in emergency situations involving immediate danger to life and property or substantial fire hazards; 2. the removal of underbrush, dead trees or diseased or damaged trees which constitute a hazard to life and property based upon field inspection verification; and 3. grading and clearing practices associated with agricultural operations, excluding timber cutting, grading cuts or fills, and/or work within SFHA. Sec. 21.13.2 Construction Storm Water Management A. Put-pose and Intent During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates service and/or repair of sewers and ditches and the dredging of lakes. In addition, grading and clearing during construction cause the loss of native vegetation necessary for terrestrial and aquatic habitat. 13 -1 Article 13 —Land Disturbing Activities and Drainage Scheriz Unified Development Code The intent of the Construction Storm Water Management Ordinance ( "this Ordinance ") is to provide for the health, safety, and general welfare of the citizens of the City of Schertz ( "the City ") by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth in the City. The provisions of this Ordinance shall be interpreted and applied as the minimum requirements for the promotion of public health, safety and general welfare. B. Applicability This Ordinance shall apply to all territory within the corporate limits and extraterritorial jurisdiction of the City including any developed and undeveloped land unless explicitly exempted by Public Works or an authorized state or federal enforcement agency. C. Responsibility for Administration Public Works shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Director of Public Works or his/her designee to persons or entities acting in the beneficial interest in the employ of the City. Whenever the requirements of this Ordinance are in conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes the higher standards, as determined by the Director of Public Works or his/her designee shall apply. D. Severability All sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid in any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not cause any remaining section, paragraph, sentence, clause or phrase of this Ordinance to fail or become invalid. E. Ultimate Responsibility The issuance of any permit, certificate, or approval in accordance with the standards and requirements of this Ordinance shall not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all other applicable requirements of any other municipality, county, special district, State or Federal agency having jurisdiction over the storm drainage system for which the permit, certificate or approval was issued. This Ordinance does not intend or 13 -2 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code imply that compliance by any person will ensure that there will not be contamination, pollution, or unauthorized discharge of pollutants. This ordinance in no way alleviates any requirement for applicable federal or state approvals or releases. F. Permits 1. No person shall be granted a Grading and Clearing Permit, Development Permit or Construction Permit for land- disturbing activity without the approval of a Grading Plan by the City Engineer, Director of Public Works, and the City Manager or his/her designees. 2. No Grading and Clearing Permit is required for the following activities: a. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. Public Works must be notified within 24 hours of such activities; b. The removal of underbrush, dead trees, or diseased or damaged trees which constitute a hazard to life and property based upon field inspection verification; or C. Grading and clearing practices associated with agricultural operations, excluding timber cutting, grading cuts or fills, and/or work within designated special flood hazard area. G. Applications 1. Each application shall bear the name(s) and address(es) of the owner or developer of the site, of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm, and the physical address of the site or a detailed description of its location. Applications shall be accompanied by all items required per the submittal process and the application and all applicable fees. 2. The City of Schertz may, at its discretion, require the submittal of a performance bond/escrow in the amount of $1,000 /acre prior to the issuance of a permit in order to insure that the storm water management practices as required by the plans approved for the permit are installed and maintained by the permit holder for the duration of the construction activity. The bond shall not be released until 85% coverage of all disturbed areas with approved 13 -3 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code vegetation is accomplished as determined by the Director of Public Works or his/her designee. H. Review and Approval 1. Engineering/Public Works will review each application for a permit to determine its conformance with the provisions of this regulation. Within 30 days after receiving an application, Engineering/Public Works shall, in writing, complete one of the following actions: a. Approve the permit application. b. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions. C. Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and /or submission. 2. By approving a plan under this regulation, the City does not accept responsibility for the design, installation, operation or maintenance of construction storm water management activities for the permit holder. I. Grading Plan 1. The Grading Plan shall include the following: a. One plan sheet showing existing floodplain /floodway limits, and one plan sheet showing the existing floodplain/floodway limits and the proposed floodplain/floodway limits. b. A sequence of construction of the development site, including stripping and clearing, rough grading, construction of utilities, infrastructure, and buildings, and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation and removal of temporary erosion and sediment control measures, and establishment of permanent vegetation. 13 -4 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code C. All erosion and sediment control measures necessary to meet the objectives of the City's regulations throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season. d. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measure. e. Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance. 2. Modifications to the plan shall be processed and approved or disapproved in the same manner as Section 8 of this regulation. The City Engineer and Director of Public Works or his /her designees will provide written authorization to the permit applicant, and shall include: a. Major amendments of the Grading Plan submitted to Public Works and Engineering. b. Field modifications of a minor nature. J. Design Requirements Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the City's UDC, Public Works Specifications Manual and Public Works Design Standards, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City Engineer and the Director of Public Works or his/her designees. 2. Grading and clearing shall not be permitted, except when in compliance with the UDC, this Ordinance, and any other applicable authority. 3. Clearing, except as necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. 13 -5 Article 13 — Land Disturbing Activities and Drainage Scbertz Unified Development Code 4. Phasing is strongly recommended and may be required on sites disturbing greater than 15 acres, with the size of each phase to be established at plan review and as approved by Engineering and Public Works. 5. Erosion control requirements shall include the following: a. Soil stabilization shall be completed within five days of clearing or inactivity in construction. b. If seeding or another vegetation erosion control method is used, it shall become established within two weeks or Public Works may require the site to be reseeded or a non- vegetation option employed. C. Special techniques required to ensure stabilization, other than design criteria outlined in UDC for steep slopes or in drainage ways, shall be approved by the City Engineer. d. Soil stockpiles must be stabilized or covered at the end of each workday. e. The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. £ Techniques shall be employed to prevent the blowing of dust or sediment from the site. g. Techniques that divert upland runoff past disturbed slopes shall be employed. 6. Sediment controls requirements shall include: a. Settling basins, sediment traps, or tanks and perimeter controls. Other control measures may be approved by the City Engineer. b. Settling basins that are designed in a manner that allows adaptation to provide long -term storm water management, if required by the City. C. Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls. 7. Waterway and watercourse protection requirements shall include: 13 -6 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code a. A temporary stream crossing installed and approved by Engineering and Public Works if a watercourse will be crossed regularly during construction. b. Stabilization of the watercourse channel before, during, and after any in- channel work. C. All on -site storm water conveyance channels designed according to the criteria outlined in the UDC. d. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels. 8. Construction site access requirements shall include: a. A temporary construction access road provided at all sites. b. Other measures required by Engineering and Public Works in order to ensure that sediment is not tracked onto public streets by construction vehicle or washed into storm drains. K. Inspection I. The Director of Public Works or his/her designee shall make inspections as hereinafter required and shall approve the portion of the work completed or shall notify the permit holder wherein the work fails to comply with this Ordinance, the UDC, or other City regulations as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the City shall be maintained at the site during the progress of the work. To obtain inspections, the permit holder shall notify Public Works at least two working days before the following: a. Start of construction. b. Installation of sediment and erosion measures. C. Completion of site clearing. d. Completion of rough grading. e. Completion of final grading. f. Close of the construction season. 13 -7 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code g. Completion of final landscaping. 2. The permit holder or his/her principal contact shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading Plan. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measure. All inspections shall be documented in written form and submitted to Public Works at the time interval specified in the approved permit. 3. The Director of Public Works or his/her designee shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under paragraph B of this Section. L. Enforcement 1. Stop -Work Order: Revocation of Permit In the event that any person holding a Grading and Clearing Permit, Development Permit or Construction Permit pursuant to this Ordinance violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of a person residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City Engineer or Director of Public Works or his/her designees at the time interval specified in the approved permit may issue a Stop Work Order or Revoke aforementioned permit. 2. Violation and Penalties No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this Ordinance. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a class "C" misdemeanor and each day during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fined a minimum amount of not less than two hundred dollars ($200.00) per violation and a maximum amount of not more than two thousand dollars ($2,000.00) per violation. In addition, any other penalty authorized 13 -8 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code by this section, any person, partnership, or corporation convicted of violating any of the provisions of this Ordinance shall be required to bear the expense of such restoration. A civil penalty in an amount not to exceed five hundred dollars ($500.00) per violation of this Ordinance may be imposed. Each violation of a particular section of this Ordinance shall constitute a separate offense, and each day such an offense continues shall be considered a new violation for purposes of enforcing this Ordinance. 3. Notice of Violation If the City Engineer or the Director of Public Works determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, approved Grading Plan, or the provisions of this Ordinance, he or she shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Ordinance without having first secured a permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain: a. The name and address of the owner or the applicant or the responsible person. b. The address or other description of the site upon which the violation is occurring. C. A statement specifying the nature of the violation. d. A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the storm water management plan, the storm water maintenance agreement, or this Ordinance and the date for the completion of such remedial action. e. A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed. f. A statement that the determination of violation may be appealed to the City Council of the City of Schertz by filing a written notice of appeal within five (5) business days after 13 -9 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code the notice of violation (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient). The City of Schertz may recover all attorneys' fees, court costs, and other expenses associated with enforcement of this Ordinance, including sampling and monitoring expenses. 4. Appeals The decisions or orders of the City Council of the City of Schertz shall be final. Further relief shall be to a higher court of competent jurisdiction. 5. Remedies Not Exclusive The remedies listed in this Ordinance are not exclusive of any other remedies available under any applicable federal, state, or local law See. 21.13.3 Flood Damage Prevention A. Finding of Fact, Purpose and Methods Statutory Authorization The Legislature of the State of Texas has in the Flood Control Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City of Schertz, Texas ("the City") does ordain as follows: 2. Finding of Fact a. The flood hazard areas of the City and extraterritorial jurisdiction are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. b. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to 13 -10 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code other lands because they are inadequately elevated, flood - proofed or otherwise protected from flood damage. 3. Statement of Purpose It is the purpose of this Section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: a. Protect human life and health. b. Minimize expenditure of public money for costly flood control projects. C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. d. Minimize prolonged business interruptions. C. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains. f Help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize future flood blight areas. g. Ensure that potential buyers are notified that property is in a flood area. 4. Methods of Reducing Flood Losses In order to accomplish its purposes, this Section uses the following methods: a. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause increases in flood heights or velocities. b. Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement. 13 -11 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters. d. Control filling, grading, dredging and other development which may increase flood damage. C. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. B. Definitions Unless specifically defined below or in Article 16 of this Ordinance, words or phrases used in this Section shall be interpreted to give them the meaning they have in common usage and to give this Ordinance the most reasonable application. ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high - velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPEALS BOARD — means the Board of Adjustment of the City of Schertz, Texas. APPURTENANT STRUCTURE — means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. AREA OF FUTURE CONDITIONS FLOOD HAZARD — means the land area that would be inundated by the 1- percent - annual chance (100 year) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD or SPECIAL FLOOD HAZARD AREA - is the land in the floodplain within a community subject to a I percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard 13 -12 Article 13 — Land Disturbing Activities and Drainage Scbertz Unified Development Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al -30, AE, A99, AR, AR/A1 -30, AR/AE, AR/AO, AR/AH, AR/A, VO, VI-30, VE or V. BASE FLOOD - means the flood having a I percent chance of being equaled or exceeded in any given year. BASEMENT - means any area of the building having its floor subgrade (below ground level) on three or more sides. BASE FLOOD ELEVATION or BFE — means the elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al -A30, AR, Vl -V30, or VE that indicates the water surface elevation resulting from the base flood. BREAKAWAY WALL — means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT - means any man -made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING — means, for insurance purposes, a non - basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of 13 -13 Article 13 — Land Disturbing Activities and Drainage Sclicrtz Unified Development Code facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD or FLOODING - means 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. FLOOD ELEVATION STUDY or FLOOD INSURANCE STUDY or FIS — means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and /or flood - related erosion hazards. FLOOD INSURANCE RATE MAP or FIRM - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOODPLAIN or FLOOD PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS - means zoning, ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flooding ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING - means any combination of structural and non - structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real 13 -14 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code estate or improved real property, water and sanitary facilities, structures and their contents. FREEBOARD — is a factor of safety above the BFE. (The City requires 1 foot above the BFE.) FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long -term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE - means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register. 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district. 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior. 4. Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either. a. By an approved state program as determined by the Secretary of the Interior. b. Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man -made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. 13 -15 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code LEVEE SYSTEM - means a flood protection system, which consists of a levee, or levees, and associated structures, such as closure, and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle ". MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. NON - RESIDENTIAL STRUCTURE — includes, but is not limited to: small business concerns, churches, schools, farm buildings (including grain bins and silos), poolhouses, clubhouses, recreational buildings, mercantile structures, agricultural and industrial structures, warehouses, hotels and motels with normal room rentals for less than 6 months' duration, and nursing homes. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed 13 -16 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code to be self - propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REGULATORY FLOODWAY or FLOODWAY - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. RESIDENTIAL STRUCTURES - means a structure that is considered to be domicile or is used for residential purposes for 6 months or more. Residential structures include a single family home, multiple unit apartment buildings, a residential condominium, or a manufactured or modular home. RIVERINE — means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97- 348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the fast placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE — means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent (50 1/o) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure or any series of reconstructions, rehabilitations, additions, or other improvements of a structure, the cumulative cost of which equals or 13 -17 Article 13 — Land Disturbing Activities and Drainage Scberta Unified Development Code exceeds 50 percent of the market value of the structure as of the effective date of this Ordinance. This term includes structures which have incurred "substantial damage ", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure ", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE — means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance Program regulations is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. C. General Provisions 1. Lands to Which This Section Applies This Section shall apply to all areas of special flood hazard within the corporate limits and the extraterritorial jurisdiction of the City. 2. Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for f Guadalupe County Texas and Incorporated Areas Volume 1 & 21," dated {November 2, 20071, with accompanying Flood Insurance Rate Maps and/or Flood Boundary - Floodway Maps (FIRM and/or FBFM) dated (November 2, 20071. Also applicable are the effective FIS and FIRM maps for Bexar County dated (September 29, 20101 and Comal County dated (September 2, 2009 }. And any revisions thereto are hereby adopted by reference and declared to be a part of this Ordinance. 3. Establishment of Floodplain Development Permit 13 -18 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code A Floodplain Development Permit shall be required to ensure conformance with the provisions of this Section. 4. Compliance No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Section and other applicable regulations. Abrogation and Greater Restrictions This Section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail as determined by the Floodplain Administrator. 6. Interpretation In the interpretation and application of this Section, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. Warning and disclaimer of Liability The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man -made or natural causes. This Section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Section shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made hereunder. D Administration 1. Designation of the Floodplain Administrator The City Manager or his/her designee is hereby appointed the Floodplain Administrator to administer and implement the provisions of this Section and other appropriate sections of 44 CFR 13 -19 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management. 2. Duties and Responsibilities of the Floodplain Administrator The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: a. Maintain and hold open for public inspection all records pertaining to the provisions of this Section. b. Reviews permit applications to determine whether the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. C. Review, approve or deny all applications for development permits required by adoption of this Section. d. Review permits for proposed development to assure that all necessary permits relating to floodplain management have been obtained from those Federal, State or local governmental . agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. C. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. f. Notify, in riverine situations, adjacent communities and the State Coordinating Agency, which is the Texas Water Board, prior to any alteration or relocation of a watercourse, and require that evidence of such notification is submitted to the Federal Emergency Management Agency. g. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. h. When base flood elevation data has not been provided in accordance with Section 21.13.3.C.2, the Floodplain Administrator shall obtain, review and reasonably utilize 13 -20 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Section 21.13.3.E. i. When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al -30, A, AO, AH and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the community unless said increase is completely contained within the property of the development. j. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al- 30, AE, AH, A or AO on the community's FIRM which increases the water surface elevation of the base flood provided that the community first completes all of the provisions required by 44 CFR Chapter 1, Section 65.12. 3. Permit Procedures a. Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: i. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures. ii. Elevation (in relation to mean sea level), to which any non - residential structure shall be flood - proofed. iii. A certificate from a registered professional engineer or architect that the non - residential flood - proofed 13 -21 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code structure shall meet the flood - proofing criteria of Section 21.13.3.E.2.b. iv. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. V. Maintain a record of all such information in accordance with Section 21.13.3.D.2.a. b. Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this Section and the following relevant factors: i. The danger to life and property due to flooding or erosion damage. ii. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. iii. The danger that materials may be swept onto other lands to the injury of others. iv. The compatibility of the proposed use with existing and anticipated development. V. The safety of access to the property in times of flood for ordinary and emergency vehicles. vi. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems. vii. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. viii. The necessity to the facility of a waterfront location, where applicable. ix. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. 13 -22 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code C. The Floodplain Administrator may grant a waiver to certain submittal requirements, within the specified area shown on Exhibit A, for new construction and substantial improvements to be erected on a lot of %2 acre or less in size contiguous to and surrounded by lots with existing structure constructed below the base flood level, providing the relevant factors in Section 21.13.3.13.16 have been fully considered and the standards of Section 21.13.3.E are met. The ability to be granted a waiver for the requirements to the specific area outlined in the exhibit attached hereto are: i. To prevent slum and blight. ii. To prevent undue hardship on property owners in the area shown on Exhibit A to which the substantial build out and close proximity of the existing structures creates unique situations where any impact may be deemed negligible. 4. Variance Procedures a. The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this Section. b. The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Section. C. Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. d. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. e. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section. f Upon consideration of the factors noted above and the intent of this Section, the Appeal Board may attach such conditions to the granting of variances as it deems 13 -23 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code necessary to further the purpose and objectives of this Section (Section 21.13.3.A.3). g. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. It. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. i. Prerequisites for granting variances: i. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. ii. Variances shall only be issued upon: (1) showing a good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. iii. Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. j. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (1) the criteria outlined in Section 21.13.3.D.4 (a) -Q) are met, and (2) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. 13 -24 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code E. Provisions for Flood Hazard Reduction 1. General Standards In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: a. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. b. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. C. All new construction or substantial improvements shall be constructed with materials resistant to flood damage. d. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding. C. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. f New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters. g. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 2. Specific Standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Section 21.13.3.C.2, (ii) Section 21.13.3.D.2.h or (iii) Section 21.13.3.E.3.c the following provisions are required: 13 -25 Article 13 —Land Disturbing Activities and Drainage Scheriz Unified Development Code a. Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation plus one foot of freeboard. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Section 21.13.3.D.3.a is satisfied. b. Non - Residential Construction - new construction and substantial improvements of any commercial, industrial or other non - residential structure shall either have the lowest floor (including basement) elevated to or above the base flood level plus one foot of freeboard or together with attendant utility and sanitary facilities, be designed so that below the base flood level plus one foot of freeboard, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and /or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood - proofed shall be maintained by the Floodplain Administrator. C. Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: ' i. A minimum of two openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. 13 -26 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code ii. The bottom of all openings shall be no higher than 1 foot above grade. iii. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. d. Manufactured Homes - i. Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, the lowest floor of manufactured homes must be elevated to one foot above the base flood elevation and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over- the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. ii. Require that manufactured homes that are placed or substantially improved within Zones Al -30, AH, and AE on the community's FIRM on sites (1) outside of a manufactured home park or subdivision, (2) in a new manufactured home park or subdivision, (3) in an expansion to an existing manufactured home park or subdivision, or (4) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. iii. Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al -30, AH and AE on the community's FIRM that are not subject to the provisions in (1) or (2) be elevated so that either: 13 -27 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code (a) The lowest floor of the manufactured home is at or above the base flood elevation plus one foot of freeboard, or (b) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. C. Recreational Vehicles - Require that recreational vehicles placed on sites within Zones Al -30, AH, and AE on the community's FIRM be fully licensed, have current motor vehicle inspection certificate, state registration, is operable and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, has no permanently attached additions. 3. Standards for Subdivision Proposals a. All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Sections 21.13.3 of this Ordinance. b. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Section 21.13.3.C.3; Section 21.13.3.D.3; and the provisions of Section 21.13.3.E of this Ordinance. C. Base flood elevation data shall be generated for subdivision proposals, Master Plans and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Section 21.13.3.C.2 of this Ordinance. Base flood elevation data shall be generated for subdivision proposals, Master Plans and other proposed development including the placement of manufactured home parks and subdivisions less than 5 acres, 50 lots, or where Zone A exists within 100 feet of the property line, base flood elevation data and/or elevation certificates may be required 13 -28 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code by the Floodplain Administrator to ensure any new development is reasonably safe from flooding. d. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. C. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. 4. Standards for Areas of Shallow Flooding (AO /AH Zones) Located within the areas of special flood hazard established in Section 21.13.3.C.2, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: a. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood elevation plus one foot of freeboard. b. All new construction and substantial improvements of non- residential structures; i, have the lowest floor (including basement) elevated to or above the base flood elevation plus one foot of freeboard, or ii. together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation plus one foot of freeboard in an AH Zone, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydro- dynamic loads of effects of buoyancy. C. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the 13 -29 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code standards of this Section, as proposed in Section 21.13.3.D.3 are satisfied. d. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. Floodways Lands located within areas of special flood hazard established in Section 21.13.3.C.2, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: a. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. b. If Section 21.13.3.E.5.a above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of 21.13.3E. C. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12. 13 -30 Article 13 — Land Disturbing Activities and Drainage Schcrtz Unified Development Code Sec. 21.13.4 A. Applicability. The provisions of this Article shall apply to any Capital Improvement Project, application for Subdivision Plat, Master Development Plan, Site Plan, Grading and Clearing Permit, and/or Building Permit approval except as otherwise provided by this chapter. A Storm Water Management Plan (SWMP) shall be provided as set forth in section 21.13.2. B. Storm Water Management Program 1. System Criteria a. All storm water management facilities, or combination of facilities, shall be designed for ultimate development. Facilities with drainage areas less than one hundred (100) acres none of which lies within the SFHA shall be designed for a twenty- five -year storm. Facilities with drainage areas over one hundred (100) acres or any part of which is within a SFHA shall be designed for a 100 -year storm or a twenty- five-year storm plus freeboard, as defined in the Public Works Specifications Manual, if that elevation is higher. b. Detention facilities and streets are exceptions to the frequency criteria cited above. Refer to the Public Works Specifications Manual for specific drainage design criteria for streets and detention facilities. C. Three (3) development conditions shall be analyzed for each development. Existing Conditions. This refers to cut-rent development conditions in the watershed and on- site. Use as the baseline analysis for determining the impact of development. ii. Proposed Conditions. This refers to existing conditions with the proposed development added. Use to determine if the increased runoff from the proposed development results in an adverse impact to other properties. iii. Ultimate Conditions. This refers to ultimate development conditions within the watershed used to design the drainage facilities. This condition may be used in -lieu of subsection (ii) above, to 13 -32 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code determine if the increased runoff from the ultimate watershed development results in an adverse impact to other properties. d Responsibility to Accept Storm Water The owner or developer of property to be developed shall be responsible for the conveyance of all storm water flowing through the property. This responsibility includes the storm water flowing onto the property by any other developed property as well as the drainage naturally flowing through the property by reason of topography. Future upstream development shall be accounted for by assuming ultimate development when sizing drainage systems as specified in this section. e. Positive Overflow Pathways Storm Water Management Facilities for local drainage systems will be designed to ensure that a positive overflow pathway is provided to the nearest one hundred (100) year conveyance facility. The overflow pathway must be delineated on a plan that shows all existing structures in the vicinity impacted by the overflow pathway. f Maintenance L Maintenance of publicly owned facilities will be the responsibility of the City. Maintenance of private facilities is the responsibility of the property owner or the community association and must be specified in a maintenance schedule submitted to the City. A maintenance schedule for privately owned facilities must be approved by the Director of Public Works prior to the approval of construction drawings. ii. Authorized personnel from the City shall conduct periodic inspections of these facilities and structures. Any required repairs will be consistent with current construction standards. Maintenance issues identified by the City or State during inspections shall be the responsibility of the current owner. iii. If the current owner fails to address any maintenance issues identified by the City or State, then the City may perform required maintenance at the expense of the current owner. 13 -33 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code g. New Development Peak storm water runoff rates from all new development shall be less than or equal to the peak runoff rates from the site's predevelopment conditions for the five -year, twenty- five -year and one - hundred -year (100 -yr) design storm events, except as provided in subsection B.1, above. It. Redevelopment Peak storm water runoff rates from an area of redevelopment shall be less than or equal to the peak runoff rates produced by existing development conditions for the five -year, twenty- five -year and one hundred (100) year design storm events, except as provided in subsection B.1, above. C. Drainage Easements/Rights -of -Way 1. Where a subdivision is traversed by a watercourse, drainage way, natural channel or stream, there shall be provided an easement or right -of -way conforming substantially to the limit of such watercourse, plus additional width as outlined below. 2. Easements shall be the one hundred (100) year floodplain or the twenty- five -year plus freeboard (Public Works Specifications Manual) whichever is greater. In floodplain areas where ongoing maintenance is required or the floodplain will be reserved for use by the public, the drainage easements shall be maintained by a public entity and the property will be dedicated to the City as a multi -use drainage easement. A drivable access way shall be provided in floodplain easements for the length of the easement. Diversion of storm water away from the natural watercourse will not be allowed except within the boundaries of the property controlled by the developer, provided that the diverted water is returned to the watercourse within which it would naturally have been flowing prior to leaving the developer's property. An analysis of the timing of the diverted hydrograph on watersheds greater than twenty (20) acres, as it reenters the receiving watercourse, must be performed to show that the peak flow rate in the receiving watercourse has not been increased as a result of the diversion. 3. An unobstructed access right -of -way connecting the drainage easement with an alley or roadway parallel to or near the easement shall be provided at a minimum spacing of one (1) access right -of- way at approximately one thousand -foot intervals. The access 13 -34 Article 13 — Land Disturbing Activities and Drainage Schein Unified Development Code right -of -way shall be a minimum of fifteen (15) feet in width and shall be maintained clear of obstructions that would limit maintenance vehicular access. If the flow line of the designed channel incorporates grade control structures or vehicular bridges that would prevent maintenance equipment from accessing that portion of the channel, additional access points may be required. Channel design, earthen or concrete, shall have ramps in the side slopes near the access points that would allow maintenance equipment to descend to the floor level of the channel. The maximum allowable ramp slope for vehicular access is seven to one (7:1). Access points adjacent to roadways or alleys shall be provided with a post and cable feature with padlock to prevent unauthorized use. 4. For single family residential subdivisions, drainage easements crossing lots and property lines are prohibited. Drainage easements should be placed in separate common area lots. Fencing or other structures may be allowed across drainage easements only in accordance with the following restrictions: a. The fence or structure will not interfere with adequate drainage flow. b. Bottom of fence shall be a minimum of the flow depth, plus freeboard (see Public Works Specifications Manual) above design flow line of channel or drain. Fences located within drainage easements shall be equipped with a bar screen at the bottom to allow for proper drainage flow to be approved by the Driector of Public Works or his/her designee. C. A hinged gate will be placed across the entire width of the drainage easement. d. Fence posts located within the easement must be structurally designed to resist damage from the storm water flows and impact from debris. e. A Floodplain Development Permit will be required to construct a fence within an easement within the 100 -year floodplain. 5. Interceptor drainage easements and channels shall be provided where the drainage area to the back of platted lots exceeds the depth of one (1) platted residential lot or 120 feet whichever is greater. Interceptor drains shall be constructed prior to the issuing 13 -35 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code of building permits on any lot that would be affected by natural drainage being intercepted. 6. All developments shall provide for adequate drainage outfall at the lower end of the site into an existing street, alley, drainage, easements or right -of -way, or to the centerline of an existing natural drain. Where proposed street, storm sewer, or open channel does not discharge into a natural low or into an existing adequate drainage casement then facilities and drainage easements of adequate width to contain the design discharge shall be constructed and dedicated to the centerline of an existing natural low within the same watershed. However, where the natural low lies within the developer's property, the developer will be required only to plat an easement to natural low and include the design storage area for the volume of runoff, provided that the casement is adequate to accommodate the facilities that will be built in conjunction with the future development of that property to build out of the watershed. D. Site Design and Grading All land disturbing or land filling activities or soil storage shall be undertaken in a manner designed to minimize surface runoff, erosion and sedimentation, and to safeguard life, limb, property and the public welfare in accordance with the TPDES General Permit TXR150000, as amended, and the document entitled "Complying with the Edwards Aquifer Rules; Technical Guidance on Best Management Practices," by Michael E. Barrett, Ph.D., P.E. Center for Research in Water Resources, Bureau of Engineering Research, University of Texas at Austin, (RG -348, July 2005), which documents are hereby incorporated by this reference. 2. Erosion and sedimentation controls in accordance with the specifications established by the Director of Public Works in compliance with the Texas Pollutant Discharge Elimination System (TPDES) permitting requirements and the Public Works Specifications Manual are required. 3. Projects shall not be considered complete until restoration has been made in accordance with TPDES requirements. 4. Where possible, multiple uses of drainage facilities and open space shall be incorporated by the owner or developer of a new subdivision. Alternative uses such as public recreation, horse/bike/hiking trails, walking paths, nature preserves, wildlife 13 -36 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code habitat areas, etc. are encouraged subject to the approval of the Director of Public Works. 5. A note must be placed on the plat for residential lots, which states that finished floor elevations must be a minimum of eight (8) inches above final adjacent grade. A grading plan shall be prepared and submitted to the City, which indicates typical lot grading for all lots in the subdivision using typical FHA lot grading types (A, B and C). A more detailed grading plan is also acceptable. E. For projects or series of projects with an increased impervious area of greater than 0.1 acres, storm water detention shall mitigate peak flow rates to predevelopment or existing development conditions including the initial 0.1 acres increase as stated in sections 21.13A.B. of this Article. 1. The maximum allowable outflow rate from the detention facility must be restricted to the flow rate from the undeveloped or existing development tract for the five -year, twenty- five -year and one- hundred -year frequency. Best Management Practices shall be used in the design of detention facilities in accordance with this section. The timing of the hydrograph released from the detention facility must be checked against the timing of the flow rate in the first open watercourse to prevent any increase in the peak flow rate in the receiving watercourse. For detention basins constructed in -line on an existing watercourse, the creation of the basin shall not increase flood elevations in the channel upstream of the new development boundaries. 2. On -site detention facilities must be privately owned and shall be maintained by the community association or property owner. A maintenance schedule shall be submitted to the Public Works Department and approved by the Director of Public Works prior to approval of construction plans. The City will have the right to do periodic inspections of privately owned and maintained detention facilities to ensure that the maintenance schedule is being implemented. 3. Multi -use facilities are encouraged, but not required (multi -use facilities allows for water quality, satisfy TPDES requirements, enhance ground water recharge, provide open space, provide recreation or other amenities, and /or provide habitat) and may be utilized so long as the facility meets the standards set forth in subsection (B.l.a) of this section and does not increase the rate or volume of erosion above that which would result from the use of a facility without multiple uses. The use of multi -use detention facilities to alleviate existing flooding problems, enhance and provide amenities for older neighborhoods, and support the 13 -37 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code revitalization of economically depressed areas is encouraged in public and private redevelopment initiatives. 4. Storm water retention with permanent wet pool or pumped detention systems will not be acceptable methods of storm water mitigation unless the facility will remain privately owned, operated, and maintained. The City will approve the use of a pumped facility for private use under the following conditions: a. A gravity system is not feasible from an engineering and economic standpoint. b. At least two (2) pumps are provided each of which is sized to pump the design flow rate. C. The selected design outflow rate must not aggravate downstream flooding. d. Controls and pumps shall be designed to prevent unauthorized operation and vandalism. C. Adequate assurance is provided that the system will be operated and maintained on a continuous basis. 5. All storm water detention facilities considered to be dams as defined by Texas Commission on Environmental Quality (TCEQ) shall conform to any applicable law, regulation, and ordinance of any regulatory entity and the following criteria: a. All dams shall be approved by the Dam Safety Team of the Texas Commission on Environmental Quality (TCEQ) for safety. All other new dams shall be designed in accordance with acceptable design criteria as approved by the Director of Public Works, or his authorized representative. b. All hydrology and hydraulic properties of a dam will be reviewed by the Department of Public Works with regard to spillway design, freeboard hydraulics, backwater curves and downstream effects due to the dam site. C. The spillway section of any earthen dam with a height greater than six (6) feet shall be large enough to pass a PMP (probable maximum precipitation) flood, as defined by the NRCS, without overtopping the crest of the dam in accordance with TCEQ regulations. d. A 100 -year frequency flood shall be routed through the proposed dam and all land subject to flooding shall be 13 -38 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code dedicated as drainage easement or right -of -way. An unobstructed fifteen -foot access easement around the periphery of the flooded area shall be dedicated as drainage easement for facilities that require regular mowing or other ongoing maintenance, at the discretion of the Director of Public Works. An unobstructed fifteen -foot access right -of- way shall be established which connects the drainage easement adjacent to the dam structure to a road or alley. e. Development below existing dams will take into account the original design conditions of the existing dam. Dam breach analysis checks will be required, dependent upon location of development with respect to dam site. f. All spillway discharges shall be adequately routed to the centerline of the natural low below the dam site. The adequate routing of spillway discharges pertains to the hydraulic routing of the one hundred (100) year frequency flood for dedication of drainage easement limits. Probable maximum precipitation (PMP) defined PMP on definition section flood routing or breaches will only be considered for safety considerations (that is, the placement of building and the setting of minimum floor slab elevations below the dams). Any proposed concrete dam structure need not have spillway capable of routing a PMP flood, however, it shall be shown to be structurally capable of withstanding any range of flood conditions with regard to possible failure due to sliding, overturning, and structural integrity, up to and including the PMP flood. 21.13.5 Control of Storm Water Run -off A. Procedure for Submittal of a Storm Water Management Plan To standardize the review process and minimize the time for approval by the City during review of any applications indicated in Section 21.13.4.A of this Article, a complete submittal regarding the analysis of existing drainage conditions and the design of modifications or new drainage facilities is necessary. The owner of the property to be developed is required by the Director of Public Works to provide, at the owner's expense and as a condition of construction plan approval, a Storm Water Management Plan (SWMP) for the total development area to be ultimately constructed. The SWMP shall contain all of the necessary support data, methodologies used in calculations, and conclusions as required by the Public Works Specifications Manual (Section 4.3). A checklist is found in the Public Works Specifications Manual (Section 6) that will be used by the City reviewer as a guide during the evaluation of all SWMPs 13 -39 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code submitted to the City. The purpose of the checklist is to expedite the review process for both the engineer and the City, and to aid the engineer in the preparation of reports for the City's review. The SWNIP shall be submitted to the Director of Public Works or his/her designee prior to approval of any construction plans. B. Purpose and Intent The purpose of the Ordinance for the Control of Storm Water Run -off ("this Ordinance ") is to establish minimum storm water management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. This Ordinance seeks to meet that purpose through the following objectives: Minimize storm water run -off from any property in order to reduce flooding, siltation, increases in stream temperature, stream bank erosion and maintain the integrity of stream channels. 2. Minimize nonpoint source pollution caused by storm water run -off from property which would otherwise degrade local water quality. 3. Minimize the total annual volume of surface water run -off which flows from any specific site during and following development to not exceed the pre- development hydrologic regime to the maximum extent practicable. 4. Reduce storm water run -off rates and volumes, soil erosion and nonpoint source pollution, through storm water management controls and to ensure that these management controls are properly maintained and pose no threat to public safety. C. Applicability This Ordinance shall be applicable to all territory within the corporate limits and extraterritorial jurisdiction of the City including any developed and undeveloped land unless explicitly exempted by Section 4 of this Ordinance or an authorized state or federal enforcement agency. This Ordinance also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules. In addition, all plans may also be reviewed by local environmental protection officials to ensure that established water quality standards will be maintained during and after development of the site and that post 13 -40 Article 13 — Land Disturbing Activities and Drainage Schein Unified Development Code construction run -off levels are consistent with any local and regional watershed plans. To prevent the adverse impacts of storm water run -off, the City has developed a set of performance standards that must be met by new developments. These standards apply to any construction activity disturbing one (1) acre or more of land. The following activities may be exempt from these storm water performance criteria: Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. Public Works must be notified within 24 hours of such activities. 2. The removal of underbrush, dead trees, and diseased or damaged trees which constitute a hazard to life and property based upon field inspection verification. 3. Grading and clearing practices associated with agricultural operations, excluding timber cutting, grading cuts or fills, and work within designated special flood hazard area. D. Responsibility for Administration Public Works shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Director of Public Works or his/her designee to persons or entities acting in the beneficial interest of the City. Whenever the requirements of this Ordinance are in conflict with the requirements of any other adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes the higher standards, as determined by the Director of Public Works or his/her designee, shall apply. E. Ultimate Responsibility The issuance of any permit, certificate, or approval in accordance with the standards and requirements of this Ordinance shall not relieve the recipient of such permit, certificate, or approval from the responsibility of complying with all other applicable requirements of any other municipality, county, special district, state or federal agency having jurisdiction over the storm drainage system for which the permit, certificate or approval was issued. This Ordinance does not intend or imply that compliance by any person will ensure that there will not be contamination, pollution, or unauthorized discharge of pollutant. F. Development of a Storm Water Design Manual 13 -41 Article 13 — Land Disturbing Activities and Drainage Scherer Unified Development Code The City may furnish additional policy, criteria, and information including specifications and standards, for the proper implementation of the requirements of this Ordinance and may provide such information in the form of a Storm Water Design Manual as part of the Public Works Specifications Manual. This manual will include a list of acceptable storm water treatment practices, including the specific design criteria and operation and maintenance requirements for each storm water practice. The manual may be updated and expanded at the discretion of the local review authority, based on improvements in engineering, science, monitoring, and local maintenance experience. Storm water treatment practices that are designed and constructed in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the City. G. Permit Required No land owner or land operator shall receive a Grading and Clearing Permit, Development Permit or Construction Permit, required for land disturbance activities, without first meeting the requirements of this Ordinance prior to commencing the proposed activity. H. Application Requirements Unless specifically excluded by this Ordinance, any land owner or operator desiring a permit for a land disturbance activity shall submit to the City a permit application on a form provided for that purpose. Unless otherwise excluded by this Ordinance, a permit application must be accompanied by the following: 1. A storm water management concept plan. 2. A maintenance agreement. 3 A non - refundable permit review fee. The storm water management plan and maintenance agreement shall be prepared to meet at minimum the requirements of this Ordinance, the Public Works Specifications Manual, the Unified Development Code, and any other applicable law, code, or ordinance. The fees shall be established by the City in the current fee schedule at the time of application submittal, or as required in this Ordinance. The City may, at its discretion, require the submittal of a performance bond/escrow in the amount of $1,000 /acre prior to the issuance of a permit in order insure that the storm water management practices as required by 13 -42 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code the plans approved for the permit are installed and maintained by the permit holder for the duration of the construction activity. The performance bond or escrow will not be released until all land disturbed by construction activity has 85% coverage of approved vegetation as determined by the Director of Public Works or his /her designee. I. Application Review Fees The fee for review of any land development application shall be based on the amount of land to be disturbed at the site, and the fee structure shall be established by the City. All of the monetary contributions shall be credited to a local budgetary category to support local plan review, inspection, and program administration. Payment shall be made prior to the issuance of any permit for the development. J. Application Procedure 1. Applications for land disturbance activity permits must be filed with the Inspections Department on any regular business day. 2. A copy of this permit application shall be forwarded to the appropriate department(s) for review. 3. Permit applications shall include the following; two copies of the storm water management concept plan, two copies of the maintenance agreement, one copy of the storm water management concept plan, and the maintenance agreement in PDF on a CD/DVD, and any required review fees. 4. Within 30 days of the receipt of a complete permit application, including all documents as required by this Ordinance, the City shall inform the applicant whether the application, plan, and maintenance agreement are approved or disapproved. 5. If the permit application, storm water management plan, or maintenance agreement are disapproved, the applicant may revise the storm water management plan or agreement. If additional information is submitted, the City shall have 30 days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved. K. Permit Duration Permits issued under this section shall be valid from the date of issuance through the date of completion as specified on each individual permit. It 13 -43 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code is the responsibility of the applicant to ensure that all storm water management practices have passed the final inspection required under the permit's conditions, or an extension has been approved if applicable by the date of completion of the permit. L. Waivers for Providing Storm Water Management 1. Every applicant shall provide for storm water management as required by this Ordinance, unless a written request is filed to waive this requirement. Requests to waive the storm water management plan requirements shall be submitted to the City for approval. The minimum requirements for storm water management may be waived in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies: a. It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this Ordinance. b. Alternative minimum requirements for on -site management of storm water discharges have been established in a storm water management plan that has been approved by the City and the implementation of the plan is required by local ordinance. C. Provisions are made to manage storm water by an off -site facility. The off -site facility is required to be in place and be designed and adequately sized to provide a level of storm water control that is equal to or greater than that which would be afforded by on -site practices and there is a legally obligated entity responsible for long -term operation and maintenance of the storm water practice. d. The City determines that meeting the minimum on -site management requirements is not feasible due to the natural or existing physical characteristics of a site. C. Non - structural practices will be used on the site that reduces: 1.) the generation of storm water from the site, 2.) the size and cost of storm water storage and 3.) the pollutants generated at the site. These non- structural practices are explained in detail in the current design manual and the amount of credit available for using such practices shall be determined by the City. 13 -44 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code 2. In instances where one of the conditions above applies, the City may grant a waiver from strict compliance with these storm water management provisions, as long as acceptable mitigation measures are provided. However, to be eligible for a variance, the applicant must demonstrate to the satisfaction of the City that the variance will not result in the following impacts to downstream waterways: a. Deterioration of existing culverts, bridges, dams, and other structures. b. Degradation of biological functions or habitat. C. Accelerated stream bank or stream bed erosion or siltation. d. Increased threat of flood damage to public health, life, safety, and /or property. 3. Furthermore, where compliance with minimum requirements for storm water management is waived, the applicant will satisfy the minimum requirements by meeting one of the mitigation measures selected by the jurisdictional storm water authority. Mitigation measures may include, but are not limited to, the following: a. The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation. These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat. b. The creation of a storm water management facility or other drainage improvements on previously developed properties, public or private, that currently lack storm water management facilities designed and constructed in accordance with the purposes and standards of this Ordinance. C. Monetary contributions (fee -in -lieu) to fund storm water management activities such as research and studies (e.g., regional wetland delineation studies, stream monitoring studies for water quality and macro - invertebrates, stream flow monitoring, threatened and endangered species studies, hydrologic studies, and monitoring of storm water management practices). 13 -45 Article 13—Land Disturbing Activities and Drainage Schertz Unified Development Code 4. The City Manager or his/her designee may authorize waivers from the provisions of this Ordinance when, in his/her opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the City Manager shall prescribe only conditions that he /she deems necessary or desirable to the public interest. In making his/her findings, the City Manager shall take into account the nature of the proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waivers upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the City Manager finds: a. That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, and will not violate any applicable law or ordinance of any regulatory entity. b. That the granting of the waiver will be in harmony with the general put-pose and intent of the UDC and any other applicable code or ordinance so that the public health, safety, and welfare may be secured and justice done. 5. Such findings of the City Manager, together with the specified facts upon which such findings are based, shall be incorporated into the official records of any related permit for which such waiver is granted. 6. The City Manager may establish a time period for execution of each granted waiver. Any decision of the City Manager or his/her designee regarding waivers to the provisions of this Ordinance may be appealed to the City Council. When considering an appeal, the City Council shall consider the same standards as the City Manager, as outlined above. M. Fee in Lieu of Storm Water Management Practices Where the City waives all or part of the minimum storm water management requirements, or where the waiver is based on the provision of adequate storm water facilities provided downstream of the proposed development, the applicant shall be required to pay a fee in an amount as determined by the City. When an applicant obtains a waiver of the required storm water management, the monetary contribution required shall not exceed the proportionate cost of his/her contribution to the system discharged into (unless the applicant and storm water authority reach an agreement on a greater alternate contribution). All of the monetary contributions shall be credited to an appropriate capital 13 -46 Article 13.— Land Disturbing Activities and Drainage Schertz Unified Development Code improvements program project, and shall be made by the developer prior to the issuance of any permit for development. N. Dedication of Land In lieu of a monetary contribution, an applicant may obtain a waiver of the required storm water management by entering into an agreement with the City for the granting of an easement or the dedication of land by the applicant, to be used for the construction of an off -site storm water management facility. The agreement shall be entered into by the applicant and the City prior to the recording of plats or, if no record plat is required, prior to the issuance of the building permit. O. General Performance Criteria for Storm Water Management Unless judged by the City to be exempt or by waiver, the following performance criteria shall be addressed for storm water management at all sites: All site designs shall establish storm water management practices to control the peak flow rates of storm water discharge associated with specified design storms and reduce the generation of storm water. These practices should seek to utilize pervious areas for storm water treatment and to infiltrate storm water run -off from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity. 2. All storm water run -off generated from new development shall not discharge untreated storm water directly into a jurisdictional wetland or local water body without adequate treatment. Where such discharges are proposed, the impact of the proposal on wetland functional values shall be assessed using a method acceptable to the City. In no case shall the impact on functional values be any less than allowed by the United States Army Corp of Engineers (USACE) or the Texas Commission of Environmental Quality (TCEQ) responsible for natural resources. Annual groundwater recharge rates shall be maintained by promoting infiltration through the use of structural and non- structural methods. 4. For new development, structural storm water treatment practices (STP) shall be designed to remove the average annual post development total suspended solids load (TSS). It is presumed that a STP complies with this performance standard if it is: 13 -47 Article 13 — Land Disturbing Activities and Drainage Sclrertz Unified Development Code a. Sized to capture the prescribed water quality volume (WQA b. Designed according to the specific performance criteria outlined in the local storm water design manual. C. Constructed properly and maintained regurlarly. 5. To protect stream channels from degradation, specific channel protection criteria shall be provided as prescribed in the current storm water manual. 6. Storm water discharges to critical areas with sensitive resources (i.e. Edwards Aquifer regulated zones and other water supply reservoirs) will be required to meet the requirements of the Edwards Aquifer Protection Program. 7. Certain industrial sites are required to prepare and implement a storm water pollution prevention plan, and shall file a notice of intent (NOI) under the provisions of the Texas Pollutant Discharge Elimination System (TPDES) general permit. The storm water pollution prevention plan requirement applies to both existing and new industrial sites. Storm water discharges from land uses or activities with higher potential pollutant loadings, known as "hotspots ", may require the use of specific structural storm water treatment practice (STPs) and pollution prevention practices. Prior to design, applicants are required to consult with the City to determine if they are subject to additional storm water design requirements. 10. The calculations for determining peak flows as found in the Public Works Specification Manual shall be used for sizing all storm water management practices. P. Minimum Control Requirements All storm water management practices will be designed so that the specific storm frequency storage volumes (e.g., recharge, water quality, channel protection, 5 year, 25 year, 100 year) as identified in the current storm water design manual are met, unless the City grants the applicant a waiver or the applicant is exempt from such requirements. 13 -48 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code In addition, if hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the City reserves the right to impose any and all additional requirements deemed necessary to control the volume, timing, and rate of run -off. Q. Site Design Feasibility Storm water 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. Maximum Drainage Area 3. Depth to Water Table 4. Soils 5. Slopes 6. Terrain 7. Head 8. Location in relation to environmentally sensitive features or ultra - urban areas R. Conveyance Issues All storm water management practices shall be designed to convey storm water to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include, but not be limited to: 1. Maximizing of flowpaths from inflow points to outflow points 2. Protection of inlet and outfall structures 3. Elimination of erosive flow velocities 4. Providing of underdrain systems, where applicable The Storm Water Design Manual shall provide detailed guidance on the requirements for conveyance for each of the approved storm water management practices. 13 -49 Article 13 — Land Disturbing Activities and Drainage Schertc Unified Development Code S. Treatment/Geometly Conditions All storm water management practices shall be designed to capture and treat storm water run -off according to the specifications outlined in the Storm Water Design Manual. These specifications will designate the water quantity and quality treatment criteria that apply to an approved storm water management practice. T. Landscaping Plans Required All storm water management practices must have a landscaping plan detailing both the vegetation to be in the practice and how and who will manage and maintain this vegetation. U. Maintenance Agreements All storm water 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 storm water treatment practices, and to perform routine maintenance as necessary to ensure proper functioning of the storm water treatment practice. In addition, a legally binding covenant specifying the parties responsible for the proper maintenance of all storm water treatment practices shall be secured prior to issuance of any permits for land disturbance activities. V. Non - Structural Storm Water Practices The use of non - structural storm water treatment practices is encouraged in order to minimize the reliance on structural practices. Credit in the form of reductions in the amount of storm water that must be managed can be earned through the use of non-structural practices that reduce the generation of storm water from the site. These non - structural practices are explained in detail in the current design manual and applicants wishing to obtain credit for use of non - structural practices must ensure that these practices are documented and remain unaltered by subsequent property owners. W. Storm Water Management Plan Required for All Developments No application for development will be approved unless it includes a stolen water management plan detailing in concept how run -off and associated water quality impacts resulting from the development will be controlled or managed. This plan must be prepared by an individual approved by the City, must indicate whether storm water will be managed on -site or off -site and the general location and type of practices. 13 -50 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code The storm water management plan(s) shall be referred for comment to all other interested agencies, and any comments must be addressed in a final storm water management plan. This final plan must be signed by a licensed professional engineer (PE), who will verify that the design of all storm water management practices meet the submittal requirements outlined in the Submittal Checklist found in the storm water design manual. No Grading and Clearing Permit, Development Permit or Construction Permit shall be issued until a satisfactory final Storm Water Management Plan, or a waiver thereof, shall have undergone a review and been approved by the City after determining that the plan or waiver, is consistent with the requirements of this Ordinance. X. Storm Water Management Concept Plan Requirements A storm water management concept plan shall be required with all permit applications and will include sufficient information (i.e, maps, hydrologic calculations, etc) to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing storm water generated at the project site. The intent of this conceptual planning process is to determine the type of storm water management measures necessary for the proposed project, and ensure adequate planning for management of storm water run -off from future development. To accomplish this goal the following information shall be included in the concept plan: A map (or maps) indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural storm water management and sediment control facilities. The map(s) will also clearly show proposed land use with tabulation of the percentage of surface area to be adapted to various uses; drainage patterns; locations of utilities, roads and easements; the limits of grading and clearing; a written description of the site plan and justification of proposed changes in natural conditions may also be required. 2. Sufficient engineering analysis to show that the proposed storm water management measures are capable of controlling run -off from the site in compliance with this Ordinance and the specifications of the Storm Water Design Manual. 3. A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project and a description of the watershed and its relation to the project site. This description should include a discussion of soil conditions, forest cover, topography, wetlands, and other native 13 -51 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code vegetative areas on the site. Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. 4. A written description of the required maintenance burden for any proposed storm water management facility. 5. The City may also require a concept plan to consider the maximum development potential of a site under existing zoning, regardless of whether the applicant presently intends to develop the site to its maximum potential. Y. Final Storm Water Management Plan Requirements After review of the storm water management concept plan, and modifications to that plan as deemed necessary by the City, a final storm water management plan must be submitted for approval. The final storm water management plan, in addition to the information from the concept plan, shall include all of the information required in the Storm Water Management Plan checklist found in the Storm Water Design Manual. Z. Performance Bond/Escrow 1. The City may, at its discretion, require the submittal of a performance escrow or bond prior to issuance of any permit in order to insure that the storm water practices are installed by the permit holder as required by the approved storm water management plan. The amount of the performance bond /escrow and the forfeiture provisions for failure to complete work specified in the storm water management plan shall be in accordance with Section 8 of this Ordinance. 2. The performance bond /escrow shall be released in full only upon submission of "as -built plans ", quantity and cost of any public storm water conveyance facilities, 85% coverage of vegetation of all disturbed areas, and written certification by a registered professional engineer that the storm water practice has been installed in accordance with the approved plan and other applicable provisions of this Ordinance. 4. The City will make a final inspection of the storm water practice to ensure that it is in compliance with the approved plan and the provisions of this Ordinance. Provisions for a partial pro -rata release of the performance security based on the completion of various development stages can be done at the discretion of the City. 13 -52 Article 13 —Land Disturbing Activities and Drainage Scherrc Unified Development Code AA. Notice of Construction Commencement The applicant must notify the City at least two business days in advance before the commencement of construction. Regular inspections of the storm water management system construction shall be conducted by the staff or certified by a professional engineer or their designee who has been approved by the jurisdictional storm water authority. All inspections shall be documented and written reports prepared that contain the following information: a. The date and location of the inspection. b. Whether construction is in compliance with the approved storm water management plan. C. Variations from the approved construction specifications. d. Any violations that exist. 2. If any violations are found, the property owner shall be notified in writing of the nature of the violation and the required corrective actions. No added work shall proceed until any violations are corrected and all work previously completed has received approval by the City. BB. As -Built Plans All applicants are required to submit actual "as- built" plans for any storm water management practices located on -site after final construction is completed. The plan must show the final design specifications for all storm water management facilities and must be certified by a professional engineer. A full size set of as- builts and one copy PDF on CD/DVD as well as final inspection by the City is required before the release of any performance securities can occur. CC. Landscaping and Stabilization Requirements Any area of land from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities shall be revegetated within ten (10) days from the substantial completion of such clearing and construction. The following criteria shall apply to revegetation efforts: 13 -53 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code 1. Reseeding must be done in accordance with the criteria established in the Public Works Specification Manual to control erosion until such time as the cover crop is established over eighty-five percent (85n/o) of the seeded area. 2. Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion. 3. In addition to the above requirements, a landscaping plan must be submitted with the final design describing the vegetative stabilization and management techniques to be used at a site after construction is completed. This 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. This plan must be approved prior to receiving a permit. 4. In order to file a plat before establishing 85% coverage of approved vegetation on all land disturbed by construction activity, a performance bond/escrow must be submitted to and accepted by the City in accordance with Section 25 of this Ordinance. DD. Maintenance Easement Prior to the issuance of any permit that has an storm water management facility as one of the requirements of the permit, the applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the storm water management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the City, or their contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this Ordinance. The easement agreement shall be recorded prior to final plat approval or prior to any building permit issued within the development, whichever is sooner. EE. Maintenance Covenants 1. Maintenance of all storm water management facilities shall be ensured through the creation of a formal maintenance covenant that must be approved by the City and recorded into the land record prior to construction plan approval. As part of the 13 -54 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the storm water management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts. 2. The City, in lieu of a maintenance covenant, may accept dedication of any existing or future storm water management facility for maintenance, provided such facility meets all the requirements of the Public Works Specifications Manual and the Unified Development Code and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. FF. Requirements for Maintenance Covenants All storm water management facilities will be subject to, at the minimum, an annual inspection to document maintenance and repair needs and ensure compliance with the requirements of this Ordinance and accomplishment of its purposes. These needs may include; removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found must be addressed in a timely manner, as determined by the City, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the storm water management facility. GG. Inspection Storm Water Facilities Inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the TPDES storm water permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other storm water treatment practices. HH. Right -of -Entry for Inspection 13 -55 Article 13—Land Disturbing Activities and Drainage Schertz Unified Development Code When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer or combined sewer, the property owner shall grant to the City the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this Ordinance is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this Ordinance. II. Records of Installation and Maintenance Activities Parties responsible for the operation and maintenance of a storm water management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least 3 years. These records shall be made available to the City during inspection of the facility and at other reasonable times upon request. JJ. Failure to Maintain Practices If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the City, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the storm water management facility becomes a danger to public safety or public health, the City shall notify the party responsible for maintenance of the storm water management facility in writing. Upon receipt of that notice, the responsible person shall have 60 days to effect maintenance and repair of the facility in an approved manner. After proper notice, the City may assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county. KK. Violations Any development activity that is commenced or is conducted contrary to this Ordinance, may be restrained by injunction or otherwise abated in a manner provided by law. LL. Notice of Violations When the City determines that an activity is not being carried out in accordance with the requirements of this Ordinance, it shall 13 -56 Arliele 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code issue a written notice of violation to the owner of the property. The notice of violation shall contain: a. The name and address of the owner or the applicant or the responsible person. b. The address or other description of the site upon which the violation is occurring. C. A statement specifying the nature of the violation. d. A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the storm water management plan, the storm water maintenance agreement, or this Ordinance and the date for the completion of such remedial action. e. A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed. f. A statement that the determination of violation may be appealed to the City Council of the City by filing a written notice of appeal within five (5) business days after the notice of violation (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient). 2. The City may recover all attorneys' fees, court costs, and other expenses associated with enforcement of this Ordinance, including sampling and monitoring expenses. MM. Stop Work Orders Persons receiving a notice of violation will be required to halt all construction activities not directly related to the actions necessary to restore compliance with this Ordinance. This "stop work order" will be in effect until the City confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this Ordinance. NN. Civil and Criminal Penalties 13 -57 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this Ordinance shall be deemed guilty of a class "C" misdemeanor and each day during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation may be punished by and fined a minimum amount of not less than two hundred dollars ($200.00) per violation and a maximum amount of not more than two thousand dollars ($2,000.00) per violation. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this Ordinance shall be required to bear the expense of such restoration. A civil penalty in an amount not to exceed five hundred dollars ($500.00) per violation of this Ordinance may be imposed. Each violation of a particular section of this Ordinance shall constitute a separate offense, and each day such an offense continues shall be considered a new violation for purposes of enforcing this Ordinance. 00. Restoration of Lands Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of which shall be borne by the owner and may become a lien upon the property until paid. PP. Holds on Occupancy Permits Occupancy permits will not be granted or may be revoked until all corrections to all storm water practices have been made and accepted by the City. 21.13.6 Illicit A. Purpose and Connection The purpose and intent of this Section is to provide for the health, safety, and general welfare of the citizens of the City of Schertz ( "the City") through the regulation of non -storm water discharges to the storm drainage system as required by the Texas Pollutant Discharge Elimination System (TPDES) permit and state law. The objectives are to regulate the contribution of pollutants to the storm drainage system by storm water discharges of any user, to prohibit illicit discharges and connections to the storm drainage system, to establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this Ordinance, and to establish penalties for violations of this Ordinance. The provisions of this Ordinance shall be interpreted and 13 -58 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code applied as the minimum requirements for the promotion of public health, safety and general welfare. B. Applicability This Section shall apply to all discharges entering the storm drainage system generated on any developed and undeveloped lands within the corporate limits of the City or in the extraterritorial jurisdiction unless explicitly exempted by Public Works or an authorized state or federal enforcement agency. C. Responsibility for Administration Public Works shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Director of Public Works or his/her designee to persons or entities acting in the beneficial interest in the employ of the City. Whenever the requirements of this Ordinance are in conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes the higher standards, as determined by the Director of Public Works or his /her designee shall apply. D. Ultimate Responsibility The issuance of any permit, certificate or approval in accordance with the standards and requirements of this Ordinance shall not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all other applicable requirements of any other municipality, county, special district, state or federal agency having jurisdiction over the storm drainage system for which the permit, certificate or approval was issued. This Ordinance does not intend or imply that compliance by any person will ensure that there will not be contamination, pollution, or unauthorized discharge of pollutants. E. Prohibitions Prohibition of Illegal Discharges No person shall discharge or cause to be discharged into the storm drain system or watercourse any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The commencement, conduct, or continuance of any illegal discharge to the storm drainage system is prohibited except as described as follows: 13 -59 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code a. The following are exempt discharges not prohibited by the establishment of this Ordinance: uncontaminated water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active ground water dewatering systems), crawl space pumps, air conditioning condensation, springs, individual, noncommercial washing of vehicles, natural riparian habitat or wetland flows, fire hydrant flushing, firefighting activities, and any other water source not containing pollutants of concern or other materials as described in this Ordinance. b. Discharges from swimming pools are generally not allowed unless: de- chlorinated to less than 1 ppm chlorine or discharged through the yard of the property on which it is located, and does not cross adjacent property, to aid in dissipating the chlorine and notification to the Public Works Department at least one business day in advance of discharge. C. Discharges specified in writing by the Director of Public Works or his/her designee as being necessary to protect public health and safety. d. Dye testing is an allowable discharge, but requires written approval from the Director of Public Works or his/her designee and all other applicable enforcement agencies prior to the time of the test. C. The prohibition shall not apply to any non -storm water discharge permitted under an TPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted by the Director of Public Works or his /her designee for any discharge to the storm drain system. 2. Prohibition of Illicit Connections a. The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited 13 -60 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code b. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. C. A person is considered to be in violation of this Ordinance if the person connects a line conveying sewage to the storm drainage system or allows such a connection to continue. F. Suspension of Storm Drainage System Access I. Suspension Due to Illicit Discharges In Emergency Situations The Director of Public Works or his/her designee may, without prior notice, suspend storm drainage system discharge access to a person or entity when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm drainage system or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the City may take such steps as deemed necessary to prevent or minimize damage to the storm drainage system, water of the United States, or to minimize danger to persons. 2. Termination Due to the Detection of Illicit Drainage Any person discharging to the storm drainage system in violation of this Ordinance may have their access terminated if such termination would abate or reduce an illicit discharge. The City will notify a violator of the proposed termination of its storm drainage system access. The notifications will be in accordance with Section 12.13.6.1, of this Ordinance as specified below. G. Industrial or Construction Activity Discharges Any person or persons subject to an industrial or construction activity TPDES storm water discharge permit shall comply will all provisions of such permit. Proof of compliance with said permit will be required in a form acceptable to the City prior to the allowing of discharges to the storm drainage system. H. Monitoring of Discharges Public Works representatives' shall be allowed to enter and inspect permitted facilities subject to regulation under this Ordinance as 13 -61 Article 13 — Land Disturbing Activities and Drainage Schertc Unified Development Code often as may be necessary to determine compliance. If a discharger has security measures in force, which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of Public Works. 2. Facility operators shall allow Public Works representatives'.. ready access to all parts of the premises for the purpose of inspection, sampling, examination and copying of records that must be kept under the conditions of an TPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. 3. Public Works' representatives shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and /or sampling of the facility's storm water discharge. 4. Public Works has the right to require the discharger to install monitoring equipment as necessary. 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 storm water flow and quality shall be calibrated to ensure their accuracy. 5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and /or sampled shall be promptly removed by the operator at the written or oral request of the Director of Public Works or his /her designee and shall not be replaced. The costs of clearing such access shall be borne by the operator. 6. Unreasonable delays in allowing Public Works' representatives access to a permitted facility is a violation of a storm water discharge permit and of this Ordinance. A person who is the operator of a facility with a TPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies Public Works' representatives reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Ordinance. 7. If Public Work's representatives have been refused access to any part of the premises from which storm water is discharged, and he /she is able to demonstrate probable cause to believe that there may be a violation of this Ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Ordinance or any 13 -62 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Public Works representative may seek issuance of a search warrant from any court of competent jurisdiction. Requirement to Prevent, Control and Reduce Storm Water Pollutants by the Use of Best Management Practices The City will adopt requirements identifying Best Management Practices (BMPs) for any activity, operation, or facility, which may cause or continue to contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the storm drainage system or watercourses through the use of these structural and non - structural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an illicit discharge may be required to implement, at said person's expense, additional structural and non - structural BMPs to prevent the further discharge of pollutants to the storm drainage system. Compliance with all terms and conditions of a valid TPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliant wit the provisions of this section. These BMPs shall be part of a Storm Water Pollution Prevention Plan (SWPPP) as necessary for compliance with requirements of the TPDES permit. J. Watercourse Protection Every person owning a property through which a watercourse passes, shall keep and maintain that part of the watercourse within said person's property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or retard the flow of water through the watercourse. In addition, the owner shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. L. Notification of Spills Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system or waters of the U.S., said person shall take all necessary steps to 13 -63 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code ensure the discovery, containment, and cleanup of such release. In the event of such as release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify Public Works in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Director of Public Works within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years from the date of the discharge. M. Violation, Enforcement, Penalties and Appeals 1. Notification of Violation Whenever the Public Works representative finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. 2. Appeal of Notice of Violation Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within five (5) business days from the date of the Notice of Violation. Hearing on the appeal before the appropriate authority or his/her designee shall take place within thirty (30) days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final. 3. Enforcement Measures After Appeal If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or in the event of an appeal, within thirty (30) days of the decision of the representative upholding the decision of Public Works, then representatives of the 13 -64 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code City may enter the subject's private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the Public Works representative or designated contractor to enter upon the premises for the purposes set forth above. 4. Cost of Abatement of the Violation Any person violating any of the provisions of this article shall become liable to the City by reason of such violation beginning on the 1st day following discovery of the violation. Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest in the City Secretary's Office objecting to the amount of the assessment within five (5) business days. The written protest shall be addressed by the City Council within 30 days. If the amount due is not paid in full within 60 days from the notification of the cost of abatement the charges may become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. 5. Injunctive Relief It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this Ordinance, the City may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. 6. Violations Deemed a Public Nuisance In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. N. Remedies Not Exclusive 13 -65 Article 13 —Land Disturbing Activities and Drainage Scheriz Unified Development Code The remedies listed in this Ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the City to seek cumulative remedies. Sec. 21.13.7 Waivers and Amendments A. General The City Manager or his/her designee may authorize waivers from the provisions of this Article when, in his /her opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the City Manager shall prescribe only conditions that he /she deems necessary or desirable to the public interest. In making his/her findings, the City Manager shall take into account the nature of the proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waivers upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the City Manager finds: 1. That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, and will not violate any applicable law or ordinance of any regulatory entity; and 2. Waivers may be granted only when in harmony with the general purpose and intent of this UDC so that the public health, safety, and welfare may be secured and justice done. Such findings of the City Manager, together with the specified facts upon which such findings are based, shall be incorporated into the official records of any related permit for which such waiver is granted. B. The City Manager may establish a time period for execution of each granted waiver. C. Any decision of the City Manager or his/her designee regarding waivers to the provisions of this Article may be appealed to the City Council. When considering an appeal, the City Council shall consider the same standards as the City Manager as outlined above. D. The City Manager or his /her designee is hereby granted authority to amend, supplement, change, modify, or repeal the text of any portion of the Public Works Specifications Manual in order to establish and maintain appropriate standards for development and use of property within the City's corporate limits and extraterritorial jurisdiction in accordance with Section 21.1.4. 13 -66 Article 13 —Land Disturbing Activities and Drainage Scheriz Unified Development Code End of Article 13 13 -67