HomeMy WebLinkAboutOrdinance No. 2005-01 AN ORDINANCE OF THE CITY OF FRIENDSWOOD ADOPTING REGULATIONS AND
REQUII2EMENTS FOR DISCHARGES AND CONNECTIONS TO THE CITY'S STORM
WATER DRAINAGE SYSTEM, EROSION AND SETTLEMENT CONTROL DURING
CONSTRUCTION ACTIVITIES, AND POST CONSTRUCTION RUNOFF, PROVIDING
FOR A PENALTY AND PROVIDING FOR SEVERABILITY.
ORDINANCE NO. 2005-01
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF FRIENDSWOOD, TEXAS BY ADDING A NEW ARTICLE V TO
CHAPTER 78, UTILITIES, THEREOF ESTABLISHING DEFINITIONS,
REQUIREMENTS FOR ILLICIT DISCHARGES AND CONNECTIONS TO
THE CITY'S STORM WATER DRAINAGE SYSTEM, REGULATIONS
REGARDING EROSION AND SEDIMENT CONTROL DURING LAND-
DISTURBING ACTIVITIES, AND PROVISIONS FOR MANAGING AND
REGULATING POST-CONSTRUCTION STORM WATER RUNOFF;
PROVIDING FOR ENFORCEMENT OF VIOLATIONS OF ANY OF THE
FOREGOING; PROVIDING A PENALTY IN AN AMOUNT NOT TO
EXCEED$2,000.00 FOR EACH VIOLATION HEREOF;AND PROVIDING
FOR SEVERABILITY.
* * * * * * * * * * * *
WHEREAS; the City Council of the City of Friendswood, in order to better to provide for
the health,safety and welfare of its citizens,desires to implement procedures to monitor and regulate
the discharge of non-storm water into the City's storm water drainage system in order to comply with
federal and state law; and
WHEREAS;this ordinance is designed to control and regulate the introduction of non-storm
water pollutants into the City's storm water drainage system to achieve compliance with the
requirements of the Texas Pollutant Discharge Elimination System("TPDES")permit process;and
WHEREAS;the City Council of the City of Friendswood finds that soil erosion endangers
water resources and, correspondingly, the health, safety, and welfare of the citizens of the City of
Friendswood by reducing water quality and disturbing aquatic habitats; and
WHEREAS; the City Council of the City of Friendswood desires to enact regulations
controlling the disturbance of top soils in the City to prevent the erosion of said soils; and
WHEREAS;the City Council of the City of Friendswood desires to establish water quality
and quantity policies to provide reasonable guidance for the regulation of storm water runoff to
protect local water resources from degradation; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,STATE
OF TEXAS:
Section 1. The facts and matters contained in the preamble are hereby found to be true
and correct.
Section 2. The Code of Ordinances of the City of Friendswood,Texas is hereby amended
by adding to Chapter 78 thereof a new Article V as follows:
"DIVISION 1 —GENERALLY
Sec. 78-227. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, unless the context of their usage clearly
indicates another meaning:
Accelerated Erosion shall mean erosion caused by development activities that
exceeds the natural processes by which the surface of the land is worn away by the
action of water, wind, or chemical action.
Applicant shall mean a property owner or agent of a property owner who has filed an
application for a storm water management permit.
Authorized EnforcementAgency shall mean employees or designees of the director
of the municipal agency designated to enforce this ordinance.
BestManagementPractices(BMPs)shall mean schedules of activities,prohibitions
of practices, general good house keeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly to storm water,
receiving waters,or storm water conveyance systems. BMPs also include treatment
practices,operating procedures,and practices to control site runoff,spillage or leaks,
sludge or water disposal, or drainage from raw materials storage.
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Building shall mean any structure,either temporary or permanent,having walls and a
roof,designed for the shelter of any person,animal,or property,and occupying more
than 100 square feet of area.
Channel shall mean a natural or artificial watercourse with a definite bed and banks
that conducts continuously or periodically flowing water.
Clean Water Act (CWA) shall mean The Federal Water Pollution Control Act or
Federal Water Pollution Control Act Amendments of 1972, (33 U.S.C. ' 1251 et
seq.), and any subsequent amendments thereto.
Clearing shall mean any activity which removes the vegetative surface cover.
Commencement of Construction shall mean the initial disturbance of soils
associated with clearing, grading, excavating activities, or other similar activities.
Construction Activity shall mean activities subject to TPDES Construction Permits.
These include construction projects resulting in land disturbance of 1 acre or more.
Such activities include but are not limited to clearing and grubbing, grading,
excavating, and demolition.
Construction Site Operator shall mean the MS4 operator associated with a
construction project that meets all of the following criteria:
(a)the operator has operational control over construction plans and specifications to
the extent necessary to meet the requirements and conditions of this general permit;
and
(b) the operator has day-to-day operational control of those activities at a project
which are necessary to ensure compliance with a storm water pollution prevention
plan for the site or other permit conditions(e.g.they are authorized to direct workers
at a site to carry out activities required by the Storm Water Pollution Prevention Plan
or comply with other permit conditions).
Detention shall mean the temporary storage of storm runoff in a storm water
management practice with the goals of controlling peak discharge rates and providing
gravity settling of pollutants.
Detention Facility shall mean a detention basin or alternative structure designed for
the purpose of temporary starage of stream flow or surface runoff and gradual release
of stored water at controlled rates.
Drainage Easement shall mean a legal right granted by a landowner to a grantee
allowing the use of private land for storm water management purposes.
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Drainage Way shall mean any channel that conveys surface runoff throughout the
site.
Erosion Control shall mean measures that prevent erosion.
Erosion and Sediment Control Plan shall mean a plan that is designed to minimize
the accelerated erosion and sediment runoff at a site during construction activities.
Facility or Activity shall mean any TPDES "point source" or any other facility ar
activity(including land or appurtenances thereto)that is subject to regulation under
the TPDES program.
Grading shall mean excavation or fill of material,including the resulting conditions
thereof.
Hazardous Materials shall mean any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly contribute to, a
substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated,stored,transported,disposed of,or otherwise
managed.
Hydrologic Soil Group(HSG) shall mean a Natural Resource Conservation Service
classification system in which soils are categorized into four runoff potential groups.
The groups range from a soils,with high permeability and little runoff production,to
D soils, which have low permeability rates and produce much more runoff.
Illicit Discharge shall mean any direct or indirect non-storm water discharge to the
storm water system, except as exempted in Section 78-250 of this ordinance.
Illicit Connection shall mean an illicit connection is defined as either of the
following:
Any drain or conveyance connecting an illicit discharge directly to the storm water
system, whether on the surface or subsurface, which allows an illegal discharge to
enter the storm water system including but not limited to any conveyances which
allow any non-storm water discharge including sewage, process wastewater, and
wash water to enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks,regardless of whether said drain or connection
had been previously allowed,permitted, or approved by an authorized enforcement
agency or,any drain or conveyance connected from a commercial or industrial land
use to the storm drain system which has not been documented in plans, maps, or
equivalent records and approved by an authorized enforcement agency.
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Impervious Cover shall mean those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops,pavement, sidewalks, driveways, etc).
Industrial Activity shall mean activities subject to NPDES or TPDES Industrial
Permits as defined in 40 CFR, Section 122.26 (b) (14).
Industrial Storm water Permit shall mean a Texas Pollutant Discharge Elimination
System permit issued to a commercial industry ar group of industries which regulates
the pollutant levels associated with industrial storm water discharges or specifies on-
site pollution control strategies.
Inftltration shall mean the process of percolating storm water into the subsoil.
Infiltration Facility shall mean any structure or device designed to infiltrate retained
water to the subsurface. These facilities may be above grade or below grade.
Jurisdictional Wetland shall mean an area that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,commonly known
as hydrophytic vegetation.
Land Disturbance Activity shall mean any activity which changes the volume or
peak flow discharge rate of rainfall runoff from the land surface. This may include
the grading, digging, cutting, scraping, or excavating of soil, placement of fill
materials, paving, construction, substantial removal of vegetation, or any activity
which bares soil or rock or involves the diversion or piping of any natural or man-
made watercourse.
Landowner shall mean the legal or beneficial owner of land,including those holding
the right to purchase or lease the land, or any other person or entity holding
proprietary rights in the land.
Municipal Separate Storm Sewer System(MS4) shall mean a separate storm sewer
system owned or operated by a state,city,town,county,district,association,or other
public body(created by ar pursuant to state law)having jurisdiction over the disposal
of sewage,industrial wastes,storm water,or other wastes,including special districts
under state law such as a sewer district, flood control or drainage district, or similar
entity, or an Indian tribe or an authorized Indian tribal organization.
Non point Source Pollution shall mean pollution from any source other than from
any discernible, confined, and discrete conveyances, and shall include, but not be
limited to,pollutants from agricultural, construction, subsurface disposal and urban
runoff sources.
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Non-Storm Water Discharge shall mean any discharge to the storm water system
that is not composed entirely of storm water.
NPDES shall mean the National Pollutant Discharge Elimination System.
Off-Site Facility shall mean a storm water management measure located outside the
subject property boundary described in the permit application for land development
activity.
On-Site Facility shall mean a storm water management measure located within the
subject property boundary described in the permit application for land development
activity.
Pollutant shall mean anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents; oil and other
automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse,
rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and
accumulations, so that same may cause or contribute to pollution; floatables;
pesticides,herbicides,and fertilizers;hazardous substances and wastes;sewage,fecal
coli form and pathogens;dissolved and particulate metals;animal wastes;wastes and
residues that result from constructing a building or structure; and noxious or
offensive matter of any kind.
Premises shall mean any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
Redevelopment shall mean any construction,alteration or improvement exceeding 1
acre in areas where existing land use is high density commercial, industrial,
institutional or multi-family residential.
Sediment Control shall mean measures that prevent eroded sediment from leaving
the site.
Site shall mean a parcel of land,or a contiguous combination thereof,where grading
work is performed as a single unified operation.
Site Development Permit shall mean a permit issued by the City of Friendswood for
which the construction ar alteration of ground improvements and structures for the
control of erosion, runoff and grading.
Stabilization shall mean the use of practices that prevent exposed soil from eroding.
Stop Work Order shall mean an order issued which requires that all construction
activity on a site be stopped.
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Storm Water shall mean any surface flow,runoff,and drainage consisting entirely of
water from any form of natural precipitation, and resulting from such precipitation.
Storm Water Management shall mean the use of structural or non-structural
practices that are designed to reduce storm water runoff pollutant loads, discharge
volumes, peak flow discharge rates and detrimental changes in stream temperature
that affect water quality and habitat.
Storm water Pollution Prevention Plan (SWPPP or SWP3) shall mean a document
which describes the Best Management Practices and activities to be implemented by
a person or business to identify sources of pollution or contamination at a site and the
actions to eliminate or reduce pollutant discharges to Storm water, Storm water
Conveyance Systems,and/or Receiving Waters to the Maximum Extent Practicable.
Storm Water Retrofit shall mean a storm water management practice designed for an
existing development site that previously had either no storm water management
practice in place or a practice inadequate to meet the storm water management
requirements of the site.
Storm Water Runoff shall mean flow on the surface of the ground, resulting from
precipitation.
Storm Water System shall mean the system or network of storm and surface water
management facilities managed and maintained by the City of Friendswood including
but not limited to inlets,conduits,manholes,channels,ditches,drainage easements,
retention and detention basin, infiltration facilities and other components as well as
all natural waterways.
Storm Water Treatment Practices(STPs) shall mean measures,either structural or
nonstructural, that are determined to be the most effective, practical means of
preventing or reducing point source or non-point source pollution inputs to storm
water runoff and water bodies.
TPDES shall mean the Texas Pollutant Discharge Elimination System.
Wastewater shall mean any water or other liquid, other than uncontaminated storm
water, discharged from a facility.
Watercourse shall mean any body of water, including, but not limited to lakes,
ponds, rivers, streams, and bodies of water which are delineated by the City of
Friendswood.
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Waterway shall mean a channel that directs surface runoff to a watercourse,or to the
public storm drain system.
DIVISION 2—ILLICIT DISCHARGE AND CONNECTION
Sec. 78-230. Purpose/Intent.
The purpose of this ordinance is to provide for the health,safety,and general welfare
of the citizens of the City of Friendswood through the regulation of non-storm water
discharges to the storm water system to the maximum extent practicable as required
by federal and state law. This ordinance establishes methods for controlling the
introduction of pollutants into the municipal separate storm sewer system(MS4)in
order to comply with requirements of the Texas Pollutant Discharge Elimination
System(TPDES)permit process. The objectives of this ordinance are:
(1) To regulate the contribution of pollutants to the municipal separate storm
sewer system (MS4) by storm water discharges by any user;
(2) To prohibit Illicit Connections and Discharges to the municipal separate
storm sewer system; and
(3) To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this ordinance.
Sec. 78-231. Applicability.
This ordinance shall apply to all water entering the storm water system generated on
any developed and undeveloped lands unless explicitly exempted by an authorized
enforcement agency.
Sec. 78-232. Responsibility for administration.
The City Manager or his/her designee 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 City Manager to
persons or entities acting in the beneficial interest of or in the employ of the agency.
Sec. 78-233. Ultimate responsibility.
The standards set forth herein and promulgated pursuant to this ordinance are
minimum standards; therefore this ordinance does not intend nor imply that
compliance by any person will ensure that there will be no contamination,pollution,
or unauthorized discharge of pollutants.
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Sec. 78-234. Discharge Prohibitions.
(a) Prohibition of Illicit Discharges. It shall be unlawful for any person to
discharge or cause to be discharged into the municipal storm water system or
watercourses 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.
(1) The commencement, conduct or continuance of any illicit discharge to the
storm water system is prohibited except as described as follows:
(A) The following discharges are exempt from discharge prohibitions established
by this ordinance:
1. flushing of water lines or other potable water sources;
2. landscape irrigation or lawn watering, diverted stream flows;
3. rising ground water and springs;
4. uncontaminated ground water infiltration;
5. uncontaminated pumped ground water;
6. foundation or footing drains (not including active groundwater
dewatering systems);
7. crawl space pumps, air conditioning condensate;
8. individual residential vehicle washing;
9. vehicle washing fund-raising events by not-for-profit organizations:
10. natural riparian habitat or wetland flows;
11. pavement and exterior building wash water conducted without the use
of detergents or other chemicals; and
12. swimming pools (if dechlorinated - typically less than one parts per
million(PPM) chlorine), fire fighting activities, and any other water source
not containing Pollutants.
(B) Discharges specified in writing by the authorized enforcement agency as
being necessary to protect public health and safety.
(C) Dye testing, as long as a verbal notification is provided to the authorized
enforcement agency prior to the time of the test.
(D) Any non-storm water discharge permitted under an NPDES or TPDES permit,
waiver,or waste discharge order issued to the discharger and administered under the
authority of the United States Environmental Protection Agency(EPA)or the Texas
Commission on Environmental Quality (TCEQ), 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 further written approval has been
granted for any discharge to the storm water system.
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(b) Prohibition of Illicit Connections.
(1) It shall be unlawful to construct, use, maintain or continue the existence of
illicit connections to the City's storm drain system.
(2) 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.
(3) A person is considered to be in violation of this ordinance if the person
connects a line conveying sanitary sewage to the MS4,or allows such a connection to
continue.
Sec. 78-235. Suspension of MS4 access.
(a) Suspension due to Illicit Discharges in Emergency Situations. The City
Manager or his/her designee may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger to the
environment, the health or welfare of persons, the MS4, or waters of the United
States.If the violator fails to comply with a suspension order issued in an emergency,
the authorized enforcement agency may take such steps as deemed necessary to
prevent or minimize damage to the MS4 or waters of the United States, or to
minimize danger to persons.
(b) Suspension due to the Detection of Illicit Discharge. Any person
discharging into the MS4 in violation of this ordinance may have their MS4 access
terminated if such termination would abate or reduce an illicit discharge. The
authorized enforcement agency will notify a violator of the proposed termination of
its MS4 access. The violator may petition the authorized enforcement agency for a
reconsideration and hearing.
(c) Reinstatement without permission. A person commits an offense if the
person reinstates MS4 access to premises terminated pursuant to this Section,without
the prior approval of the authorized enforcement agency.
Sec. 78-236. Industrial or construction activity discharges.
Any person subj ect to an industrial or construction activity NPDES or TPDES storm
water discharge permit shall comply with all provisions of such permit. Proof of
compliance with said permit may be required in a form acceptable to the City
Manager or his/her designee prior to allowing discharges to the MS4.
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Sec. 78-237. Submission of notice of intent to City.
The operator of a facility,including construction sites,required to have a NPDES or
TPDES permit to discharge storm water associated with industrial activity shall
submit a copy of the Notice of Intent(NOI)to the City Manager or his/her designee
at the same time the operator submits the original Notice of Intent to the EPA or the
TCEQ as applicable. The copy of the Notice of Intent may be delivered to the City
Manager or his/her designee either in person or by mail.
A person commits an offense if the person operates a facility that is discharging
storm water associated with industrial activity without having submitted a copy of the
Notice of Intent to do so to the City Manager or his/her designee.
Sec. 78-238. Monitoring of discharges.
(a) Applicability. This section applies to all facilities that have storm water
discharges associated with industrial activity, including construction activity.
(b) Access to Facilities.
(1) The City Manager or his/her designee shall be permitted to enter and inspect
facilities subject to regulation under this ordinance as often as may be necessary to
determine compliance with this ordinance. If a facility 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 the authorized enforcement agency.
(2) Facility operators shall allow the City Manager or his/her designee ready
access to all parts of the premises for the purposes of inspection, sampling,
examination and copying of records that must be kept under the conditions of a
NPDES or TPDES permit to discharge storm water, and the performance of any
additional duties as defined by state and federal law.
(3) The City Manager or his/her designee 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) The City Manager or his/her designee has the right to require the facility 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.
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(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 City Manager 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 the City Manager or his/her designee 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 aNPDES or TPDES permit
to discharge storm water associated with industrial activity commits an offense if the
person denies the authorized enforcement agency reasonable access to the permitted
facility for the purpose of conducting any activity authorized or required by this
ordinance.
(7) If the City Manager or his/her designee has 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 order issued
hereunder, or to protect the overall public health, safety, and welfare of the
community, then the authorized enforcement agency may seek issuance of a search
warrant from any court of competent jurisdiction.
Sec. 78-239. Requirement to prevent, control, and reduce storm water
pollutants by the use of best management practices.
The City of Friendswood will adopt policies identifying Best Management Practices
for any activity, operation, or facility which may cause or contribute to pollution or
contamination of storm water,the storm water system,or waters of the United States.
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 municipal storm drain system or watercourses
through the use of these structural and non-structural BMPs. Further, any person
responsible for a property or premise, 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 municipal separate storm sewer system.Compliance with all terms and conditions
of a valid NPDES or TPDES permit authorizing the discharge of storm water
associated with industrial activity, to the extent practicable, shall be deemed in
compliance with 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 NPDES and/or TPDES permit.
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Sec. 78-240. Watercourse protection.
Every landowner who owns property,or is responsible for maintaining an easement
through which a watercourse passes, shall keep and maintain that part of the
watercourse within the property free of trash,debris,excessive vegetation,and other
obstacles that would pollute, contaminate, or significantly retard the flow of water
through the watercourse.In addition,the landowner 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.
Sec. 78-241. Notification of Spills.
Not withstanding other requirements of law,as soon as any person responsible for a
facility or operation,or other person 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 illicit discharges or pollutants discharging into storm
water, the storm water system, or waters of the U.S., said person shall take all
necessary steps to ensure the discovery,containment,and cleanup of such release.In
the event of such a 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 non-hazardous materials said person shall notify
the authorized enforcement agency no later than the next business day.Notifications
in person or by phone shall be confirmed by written notice addressed and mailed to
the City Manager or his/her designee 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 far at least three years.
Sec. 78-242. Enforcement.
Notice of Violation. Whenever the City Manager or his/her designee 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. Such notice may require, without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
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(4) The abatement or remediation of storm water pollution or contamination hazards
and the restoration of any affected property; and
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs.
If abatement of a violation andJor 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.
Sec. 78-243. Appeal of Notice of Violation.
Any person receiving a Notice of Violation may appeal the determination of the
authorized enforcement agency to the City Manager or his/her designee. The notice
of appeal must be received within 2 days from the date of the Notice of Violation.
Hearing on the appeal before the City Manager or his/her designee shall take place
within 15 days from the date of receipt of the notice of appeal. The decision of the
City Manager or their designee shall be final.
Sec. 78-244. Enforcement measures after appeal.
If any violation of which a person has received notice as required by Section 78-242
hereof has not been corrected pursuant to the requirements set forth in the Notice of
Violation, or, in the event of an appeal, within 10 days of the decision of the City
Manager or his/her designee upholding the decision, then representatives of the
authorized enforcement agency shall enter upon the subj ect private property and 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 authorized enforcement agency or its designated
contractor to enter upon the premises for the purposes set forth above.
Sec. 78-245. Cost of abatement of the violation.
In the event of action by the authorized enforcement agency as described in Section
78-244 above, the owner of the property will be notified of the cost of abatement,
including administrative costs, within 30 days after the abatement of the violation.
The property owner may file a written protest objecting to the amount of the
assessment within 10 days. If the amount due is not paid within a timely manner as
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determined by the decision of the City Manager or his/her designee or by the
expiration of the time in which to file an appeal,the charges shall become a special
assessment against the property and shall constitute a lien on the property for the
amount of the assessment. Any person violating any of the provisions of this article
shall become liable to the City by reason of such violation.
DIVISION 3—EROSION AND SEDIMENT CONTROL
Sec. 78-250. Introduction/Purpose.
During the construction process, soil is the most vulnerable to erosion by wind and
water. This eroded soil endangers water resources by reducing water quality, and
causes the silting of aquatic habitat for fish and other desirable species. Eroded soil
also necessitates repair of sewers and ditches, and the dredging of waterways. In
addition, clearing grading during construction causes the loss of native vegetation
necessary for terrestrial and aquatic habitat, and to provide a healthy living
environment for citizens of the City of Friendswood.
The purpose of this ordinance is to safeguard persons, protect property, prevent
damage to the environment and promote the public welfare by guiding, regulating,
and controlling the design,construction,use,and maintenance of any development or
other activity which disturbs or breaks the topsoil or results in the movement of earth
on land in the City of Friendswood.
Sec. 78-251. Permits. It shall be unlawful for any person to conduct any land-
disturbing activity without a permit issued by the City Manager or his/her designee.
(a) No person shall be granted a permit for land-disturbing activity which would
require the uncovering of 1 acre or more, without the approval of an erosion and
sediment control plan by the City of Friendswood City Manager or his/her designee.
(b) An erosion and sediment control plan is not required for the following
activities:
(1) Any emergency activity immediately necessary for the protection of
life, property or natural resources; or
(2) Existing nursery and agricultural operations conducted as a permitted
main or accessory use.
(c) Each application for a permit to allow land-disturbing activities shall include
a statement that any land clearing, construction, or development involving the
movement of earth shall be in accordance with the erosion and sediment control plan,
and that a site operator shall be on site on all days where construction or grading
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activity takes place.
Sec. 78-252. Review and approval.
The City of Friendswood City Manager or his/her designee will review each erosion
and sediment control plan to determine its conformance with the provisions of this
local regulation. The City of Friendswood City Manager or his/her designee shall,in
writing:
(1) Approve the plan;
(2) Approve the plan subject to such reasonable conditions as may be
necessary to secure substantially the objectives of this regulation, and issue
the approval subject to these conditions; or
(3) Disapprove the plan,indicating the deficiencies and the procedure for
submitting a revised application and/or submission.
Sec. 78-253. Design Requirements.
Grading, erosion control practices, sediment control practices, and waterway
crossings shall meet the design criteria set forth in the most recent version of the
City's Design Criteria Manual, and shall be adequate to prevent transportation of
sediment from the site to the satisfaction of the City of Friendswood City Manager or
his/her designee.
Sec. 78-254. Modifications to the plan.
Major amendments of the erosion and sediment control plan shall be submitted to the
City of Friendswood City Manager or his/her designee and shall be processed and
approved, or disapproved, in the same manner as the original plans. Field
modifications of a minor nature may be authorized by the City of Friendswood City
Manager or his/her designee by written authorization to the permitee.
Sec. 78-255. Clearing and Grading.
Clearing and grading activities,shall not be permitted,except when in compliance all
other chapters of this Code. Clearing techniques that retain natural vegetation and
retain natural drainage patterns,as described in the storm water design manual,shall
be used to the satisfaction of the City of Friendswood City Manager or his/her
designee.
Sec. 78-256. Inspection.
(a) The City of Friendswood City Manager or his/her designee shall make
inspections as hereinafter required and shall either approve that portion of the work
completed or shall notify the permitee that the work fails to comply with the erosion
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and sediment control plan as approved. Plans for grading,stripping,excavating,and
filling wark bearing the stamp of approval of the City of Friendswood City Manager
or his/her designee shall be maintained at the site during the progress of the work.
(b) The permitee or his/her agent shall make regular inspections of all control
measures in accordance with the inspection schedule outlined on the approved
erosion and sediment control plan(s). The purpose of such inspections will be to
determine the overall effectiveness of the control plan, and the need for additional
control measures. All inspections shall be documented in written form and submitted
to the City of Friendswood City Manager or his/her designee at the time interval
specified in the approved permit.
(c) The City of Friendswood City Manager 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 the above mentioned section.
Sec. 78-257. Enforcement.
Stop-Work Order; Revocation of Permit. In the event that any person holding a
site development 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 or persons 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 of Friendswood City
Manager or his/her designee may suspend or revoke the site development permit,in
addition to any other penalty provisions contained in this ordinance.
DIVISION 4—POST CONSTRUCTION STORM WATER RUNOFF
Sec. 78-260. General provisions.
(a) Findings of Fact. It is hereby determined that:
(4) Land development proj ects and associated increases in impervious cover alter
the hydrologic response of local watersheds and increase storm water runoff rates and
volumes, flooding, stream channel erosion, and sediment transport and deposition;
(5) This storm water runoff contributes to increased quantities of water-borne
pollutants, and;
(3) Storm water runoff, soil erosion and non-point source pollution can be
controlled and minimized through the regulation of storm water runoff from
development sites.
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Therefore,the City of Friendswood establishes this set of water quality and quantity
policies applicable to all surface waters to provide reasonable guidance for the
regulation of storm water runoff for the purpose of protecting local water resources
from degradation. It is determined that the regulation of storm water runoff
discharges from land development proj ects and other construction activities in order
to control and minimize increases in storm water runoff rates and volumes, soil
erosion, stream channel erosion, and non-point source pollution associated with
storm water runoff is in the public interest and will prevent threats to public health
and safety.
(b) Purpose. The purpose of 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:
(3) minimize increases in storm water runoff from any development in order to
reduce flooding, silting, increases in stream temperature, and stream bank erosion
and maintain the integrity of stream channels;
(2) minimize increases in non-point source pollution caused by storm water
runoff from development which would otherwise degrade local water quality;
(6) minimize the total annual volume of surface water runoff which flows from
any specific site during and following development to not exceed the pre-
development hydrologic regime to the maximum extent practicable; and
(4) reduce storm water runoff rates and volumes, soil erosion and non-point
source pollution,wherever possible,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 subdivision or site
plan applications,unless eligible for an exemption by the City of Friendswood City
Manager or his/her designee under the specifications of this ordinance.The 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 must also ensure that established water
quality standards will be maintained during and after development of the site and that
post construction runoff levels are consistent with any local and regional watershed
plans.
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To prevent the adverse impacts of storm water runoff,the City of Friendswood has
developed a set of performance standards that must be met at new development sites.
These standards apply to any construction activity disturbing one(1) or more acres
of land. The following activities may be exempt from these storm water performance
criteria:
1. Additions or modifications to existing single family structures:
2. Developments that do not disturb more than 1 acre of land,provided they are
not part of a larger common development plan; or
3. Repairs to any storm water treatment practice deemed necessary by the City
of Friendswood City Manager or his/her designee.
When a site development plan is submitted that qualifies as a redevelopment project
as defined in this ordinance, decisions on permitting and on-site storm water
requirements shall be governed by special storm water sizing criteria found in the
current storm water design manual. This criterion is dependent on the amount of
impervious area created by the redevelopment and its impact on water quality. Final
authorization of all redevelopment projects will be determined after a review by the
City of Friendswood City Manager or his/her designee.
(d) Design Criteria Manual. The Design Criteria Manual includes 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 from time to time, at the discretion of the City,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 shall meet the minimum water
quality performance standards.
Sec. 78-261. Permit Procedures and Requirements.
(a) Permit Required. No land owner or land operator shall receive any of the
building, grading or other land development permits required for land disturbance
activities without first meeting the requirements of this ordinance prior to
commencing the proposed activity.
(b) 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 of Friendswood City Manager or his/her designee a permit
application on a form provided for that purpose.
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Sec. 78-262. Egemptions to Storm Water Management Requirements.
(a) Exemptions 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
of Friendswood City Manager or his/her designee for approval.
(2) 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 of Friendswood City Manager or his/her
designee 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,to 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; or
D. Non-structural practices will be used on the site to reduce: a) the
generation of storm water from the site, b)the size and cost of storm water
storage and c) the pollutants generated at the site. These non-structural
practices will be explained in detail in the storm water design manual and the
amount of credit available for using such practices shall be determined by the
City of Friendswood, City Manager or his designee.
(3) In instances where one of the conditions above applies, the City of
Friendswood City Manager or his/her designee 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 of Friendswood City
Manager or his/her designee that the variance will not result in the following impacts
to downstream waterways:
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A. Deterioration of existing culverts, bridges, and other structures;
B. Degradation of biological functions or habitat;
C. Accelerated stream bank or streambed erosion or silting; or
D. Increased threat of flood damage to public health, life,property."
Section 3. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence,or part of this Ordinance or the application of the same to any person or circumstance shall
for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it
shall not affect,impair,or invalidate this Ordinance as a whole or any part or provision hereof other
any part or provision hereof other than the part declared to be invalid or unconstitutional; and the
City Council of the City of Friendswood, Texas,declares that it would have passed each and every
part of the same notwithstanding the omission of any and every part of the same notwithstanding the
omission of any such part thus declared to be invalid or unconstitutional,or whether there be one or
more parts.
Section 4. Any person who shall violate any provision of this Ordinance shall be deemed
guilty of a misdemeanor and upon conviction, shall be fined in an amount not to exceed$2,000.00.
Each day of violation shall constitute a separate offense.
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PASSED AND APPROVED on first reading this 6th day of December 2004.
PASSED,APPROVED, and ADOPTED on second and final reading this 17th day
of Januarv 2005.
1
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Np Mayor
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Del ris McKenzie, T '
City Secretary
MOTIOPd: COUNCILMEMBER LAURA EWING
2ND: COUNCILMEMBER MEL MEASELES
APPROVED: UNANIMOUSLY
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