Loading...
HomeMy WebLinkAboutOrdinance 3184 ORDINANCE NO. 3184 AN ORDINANCE AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY ADDING NEW ARTICLES VII AND VIII ESTABLISHING REGULATIONS AND STANDARDS FOR CONSTRUCTION SITE STORMWATER/WASTE MANAGEMENT AND POST CONSTRUCTION STORMWATER RUNOFF CONTROL; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR SEVERABILITY; FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the rules and regulations set forth in Texas Pollutant Discharge Elimination System (TPDES) General Permit No.TXR040000 relating to construction sites that discharge stormwater associated with construction activity located in the State of Texas and adopted by the Texas Commission on Environmental Quality, are hereby adopted by the City and incorporated herein as if set forth in full, and shall govern and regulate stormwater discharges associated with construction activity within the City. WHEREAS, the City deems it necessary to adopt an ordinance to maintain and improve the quality of surface water and groundwater in the City, and to prevent the discharge of pollutants and other harmful or inappropriate substances into those waters from land development projects and other construction activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will prevent threats to public health and safety; WHEREAS, the City is of the opinion that land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition and should be regulated and to do so is in the best interest of the citizens of City of North Richland Hills; WHEREAS, stormwater runoff contributes to increased quantities of water -borne pollutants; WHEREAS, stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Ordinance No. 3184 Page 1 of 18 SECTION 1. Chapter 102 of the North Richland Hills Code of Ordinances is hereby amended by adding new Articles VII and VIII which shall read as follows: "ARTICLE VII. CONSTRUCTION SITE STORMWATERMASTE MANAGEMENT DIVISION 1. GENERALLY DIVISION 2. PURPOSE AND INTENT Sec. 102 -351. Introduction and Purpose. The purpose of this division is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within the City. This division seeks to meet that purpose through the following objectives: (a) By making it a requirement that construction site contractors provide for the proper disposal of wastes including discarded building materials, concrete truck washout water, chemicals, litter and sanitary waste at a construction site; (b) To fulfill the BMP requirement for construction site stormwater runoff control. DIVISION 3. DEFINITIONS Sec. 102 -352. Definitions. When used in this Article, these terms shall be defined as follows: Best management practices (BMPs): Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater 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. Clean Water Act: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Hazardous materials: 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 Ordinance No. 3184 Page 2 of 18 present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Public Works and Planning and Development Departments: shall mean departments of the City. Small municipal separate storm sewer system(MS4): Owned and operated by the United States, a state, city, town, borough, county, parish, 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 a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States. Solid Waste: shall mean of solid material, including building materials. Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Stormwater pollution prevention plan (SWPPP): 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 stormwater, stormwater conveyance systems, and /or receiving waters to the maximum extent practicable. TCEQ: shall mean the Texas Commission on Environmental Quality, including all of its departments and divisions, or its successor agency. TPDES General Permit No. TXR040000: shall mean that general permit to discharge water under the provisions of Section 402 of the Clean Water Act and V.T.C.A., Water Code chapter 26, TCEQ Docket No. 2007 - 1588 -WQ, issued February 15, 2008, and effective March 5, 2008. DIVISION 4. PROCEDURES Sec. 102 -353. Stormwater Pollution Prevention Plan Required. No person shall commence construction activities on land located within the City that may result in disturbing an area equal to or greater than one (1) acre or less than one (1) acre as part of a larger common plan of development of land prior to preparing and obtaining approval of a stormwater prevention plan in compliance with Part III of TPDES General Permit No. TXR040000 or obtaining a waiver of such requirement from TCEQ. Ordinance No. 3184 Page 3of18 Sec. 102 -354. Construction Site Waste Management. (a) Solid Waste Disposal (1) No solid material, including building materials, is permitted to be discharged to surface waters or buried on -site. All solid waste materials, including disposable materials incidental to the construction activity, must be collected in containers or closed dumpsters. The collection containers must be emptied periodically and the collected materials hauled to a landfill permitted by the state and /or appropriate local municipality to accept the waste for disposal. (2) A foreman or supervisor shall be designated in writing to oversee, enforce and instruct construction workers on proper solid waste procedures. (b) Hazardous Waste (1) Whenever possible, minimize the use of hazardous materials and generation of hazardous wastes. All hazardous waste materials will be disposed in the manner specified by federal, state, local regulations or by manufacturer. (2) Use containment berms in fueling and maintenance areas and where potential for spills is high. (3) A foreman or supervisor shall be designated in writing to oversee, enforce and instruct construction workers on proper hazardous waste procedures. The operator shall indicate the location of any hazardous waste storage areas on the SWPPP. (c) Dust Control / Off -Site Vehicle Tracking (1) During construction, water trucks shall be used, as needed, by each contractor or subcontractor to reduce dust. The City representative for the construction project will make the final decision on the need for dust control. After construction, the site shall be stabilized to reduce dust. (2) Construction traffic shall enter and exit the site at a construction entrance with a rock pad or equivalent device. The purpose of the rock pad is to minimize the amount of soil and mud that is tracked onto existing streets. If sediment escapes the construction site, offsite accumulations of sediment must be removed at a frequency sufficient to minimize offsite impacts. The City representative for the Ordinance No. 3184 Page 4 of 18 construction project shall determine how much and how often the offsite accumulations of sediment shall be removed. (d) Concrete Truck Washout (1) During concrete construction, concrete washout areas shall be designated and clearly marked. An acceptable washout location will have the following characteristics: (i) Washout water cannot leave location (ii) Stormwater runoff will not wash away concrete washout (iii) Washout will not impact future land uses (iv) Permission to washout has been granted by the property owner (v) The location is readily accessible to concrete trucks (e) Sanitary/Septic (1) Contractors and subcontractors must comply with all state and local sanitary sewer, portable toilet or septic system regulations. Each contractor or subcontractor shall provide sanitary facilities at the site throughout construction activities. (2) The sanitary facilities should be utilized by all construction personnel and be serviced regularly. All expenses associated with providing sanitary facilities are the responsibility of the contractors and subcontractors. The operator of said facilities shall indicate the location of any sanitary facilities. (f) Water Source Non - potable water may be used to establish and maintain grass, to control dust, and for other construction purposes which do not require the use of potable water. The use of potable water for construction activities must be metered by an approved City metering device. (g) Equipment Fueling and Storage Areas (1) During construction the contractor and subcontractors shall employ the following practices: (i) Equipment fueling, maintenance and cleaning should only be done in protected areas (i.e., bermed area). Leaking equipment and maintenance fluids will be collected and not allowed to discharge onto soil where they may be washed away during a rain event. Ordinance No. 3184 Page 5 of 18 (ii) Equipment wash down (except for wheel washers) should take place within an area surrounded by a berm. The use of detergents is prohibited. (h) Hazardous Material Storage (1) Chemicals, paints, solvents, fertilizers and other toxic or hazardous materials should be stored in their original containers (if original container is not re- sealable, store the products in clearly labeled, waterproof containers). Except during application, the containers shall be kept in trucks or in bermed areas within covered storage facilities. Runoff containing such materials is not allowed by this ordinance and shall be collected and removed from the site and disposed of in accordance with federal, state, and local regulations. (2) As may be required by federal, state, or local regulations, the contractor shall have a Hazardous Materials Spill and Prevention Program in place. A foreman or supervisor shall be designated in writing to oversee, enforce and instruct construction workers on proper hazardous materials storage and handling procedures. The operator shall indicate the location of any hazardous material storage areas on the stormwater pollution prevention plan and at the construction site. Sec. 102 -355. Stormwater Management Requirements. (a) New development and redevelopment projects that disturb greater than or equal to one acre of land, including projects less than one acre that are part of a larger common plan of development or sale, and discharge storm water into the City's Municipal Separate Storm Sewer System (MS4), shall implement structural and /or non - structural Best Management Practices ( "BMPs ") to minimize impacts to water quality. (b) BMPs published in the latest edition of the North Central Texas Council of Government's Integrated Strom Water Management ( "ISWM ") Manual, Environmental Protection Agency (EPA) guidance documents, or City approved BMPs may be utilized to comply with this section. (c) The owner of the construction site described in subsection (a) of this section shall submit a post- construction stormwater management plan that incorporates the BMPs to minimize water quality impacts prior to issuance of any permits. (d) All BMPs shall be submitted to the Public Works Department for review and approval. Ordinance No. 3184 Page 6 of 18 Sec. 102 -356. Operation and Maintenance of Construction Best Management Practices. (a) The owner of the construction site described in subsection 102- 355(a) shall be solely responsible for the operation and maintenance, of the structural and /or non - structural BMPs on the owner's construction site as the BMPs were designed and approved. (b) The City shall have the authority to require the issuance of a performance bond, payable to the City of North Richland Hills, if it is deemed necessary. (c) The City shall have the authority to require the owner or operator of a construction site, development, or redevelopment, to provide proof that the owner has obtained financial assurances sufficient to operate and maintain the structural and /or non - structural BMPs previously approved by the Public Works and /or Planning and Development Departments for the length of time that the structural and /or non - structural BMPs will be utilized at the construction site. Sec. 102 -357. Notification of Violation. (a) The Public Works and /or Planning and Development Departments shall have the authority to serve a written notice of violation upon any person who is found to have violated, or who continues to violate, any provision of this article, or any order issued hereunder. (b) No later than seven (7) days after the issuance of a notice of violation served pursuant to subsection 102- 357(a), the person served with the notice of violation shall submit to the City authority issuing the notice of violation an explanation of the circumstances that resulted in the described violation and a plan for satisfactory correction and prevention of reoccurrence of the described violation, which explanation shall include specific actions to be taken by the alleged violator. (c) If the recipient of a notice of violation denies that any violation of this article has occurred or contends that no corrective action is necessary, such person shall submit to the City authority that issued the notice of violation a written explanation of the basis of any such denial or contention not later than seven (7) days following issuance of the notice of violation. (d) Submission of a written plan or explanation as provided in subsection 102 - 355(b) or (c) shall not be a defense to any alleged liability for any violations occurring before or after receipt of the notice of violation. Ordinance No. 3184 Page 7 of 18 (e) Nothing in this section shall limit the authority of the City to take any action, including emergency action or any other enforcement action, prior to issuing a notice of violation. Sec. 102 -358. Stop Work Order. (a) The Public Works and /or Planning and Development Departments shall have the authority to issue a stop work order to the owner and /or operator of a construction site upon finding that the owner or operator has violated, or continues to violate, any provisions of this article. The stop work order shall be posted at the construction site. (b) Unless written exception is made by the Public Works and /or Planning and Development Departments, a stop work order issued pursuant to subsection 102- 358(a) shall prohibit any further construction activity and shall bar any further inspection or approval by the City associated with a building permit, grading permit, subdivision plat approval, site development plan approval, or any other City approval necessary to commence or continue construction or to assume occupancy at the construction site, new development, or redevelopment. (c) The issuance of a stop work order pursuant to this section shall not preclude nor serve as a prerequisite for taking any other action against the recipient of the stop work order. (d) A stop work order issued pursuant to this section may be rescinded only by the Public Works and /or Planning and Development Departments provided that the owner or operator of the construction site to which the order applies has: (1) Paid a re- inspection fee to the City in accordance with current fee schedule; (2) Provided written documentation indicating that all violations set forth in the stop work order have been corrected; and (3) Received from the City, following re- inspection, written acknowledgement that all violations have in fact been corrected. Sec. 102 -359. Penalty Clause. (a) Any person, firm or corporation violating any of the provisions or terms of this article shall, upon conviction, be punished by a fine not to exceed the sum of $2,000 for each offense; and each and every day such violation shall be deemed to constitute a separate offense. Ordinance No. 3184 Page 8 of 18 (b) The City may institute any appropriate actions or proceedings in a court of competent jurisdiction to enjoin the violation of this article. Nothing in this article prevents the City from seeking any and all injunctive or other relief allowed by state law even if a criminal complaint has been filed based on the same incident or event. Sec. 102 -360. Applicability of Stricter Regulations. In the event stricter rules or regulations are set forth elsewhere in this Code or are otherwise promulgated by the TCEQ or the United States Environmental Protection Agency (EPA) regarding the same subject matter affected by this article, then the more stringent regulations shall apply. Sec. 102 -361. Priority of Conflicting Regulations. In the event any other provision of this Code relating to stormwater pollution or discharge from a construction site irreconcilably conflicts with the provisions of this article, the provisions of this article shall be controlling. ARTICLE VIII. POST CONSTRUCTION STORMWATER RUNOFF CONTROL DIVISION 1. GENERALLY DIVISION 2. PURPOSE AND INTENT Sec. 102 -370. Introduction and Purpose. The purpose of this division is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within the City. This division seeks to meet that purpose through the following objectives: (a) To minimize increases in stormwater runoff from any development or redevelopment in order to reduce flooding, siltation and stream bank erosion and maintain the integrity of stream channels; (b) To minimize the total annual volume of surface water runoff which flows from any specific site during and following development or redevelopment to not exceed the pre - development hydrologic conditions to the maximum extent practicable; (c) To accommodate new development and redevelopment projects in a manner that protects public safety, groundwater and surface water quality and aquatic living resources and their habitats, to the maximum extent practicable as determined by the city representatives. Ordinance No. 3184 Page 9 of 18 (d) To employ permanent nonstructural . and structural best management practices (BMPs) to protect water quality thereby raising public awareness to stormwater quality related issues; (e) To remove and /or treat stormwater pollutants prior to discharge to ground and surface waters throughout the city, to the maximum extent practicable as determined by the city representatives. (f) To ensure the long -term operation and maintenance of all permanent storm water quality features; (g) To reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, to the waters of the state through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to the public. As a result, the purpose of this local regulation 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 North Richland Hills, Texas. DIVISION 3. DEFINITIONS For the purposes of this article, the following shall mean: Best management practices (BMPs): 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 stormwater, receiving waters, or stormwater 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. City: The City of North Richland Hills. HOA: privately organized Homeowners Association. Large Construction Activity: Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than five (5) acres of land. Large construction activity also includes 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. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar stormwater conveyance. Large construction activity does not Ordinance No. 3184 Page 10 of 18 include the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right -of -ways, and similar maintenance activities. Public Works Department: The City of North Richland Hills Public Works Department. Public Works Design Manual: Manual that contains the various construction criteria, techniques, and details which are the minimum requirements of the City of North Richland Hills. Small Construction Activity: Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than one (1) acre and less than five (5) acres of land. Small construction activity also includes 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 common plan will ultimately disturb equal to or greater than one (1) and less than five (5) acres of land. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar stormwater conveyance. Small construction activity does not include the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right -of- ways, and similar maintenance activities. Small municipal separate storm sewer system(MS4): Owned and operated by the United States, a state, city, town, borough, county, parish, 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 a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States. Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. 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 storm water runoff. Structural controls and practices may include but are not limited to: wet ponds, bio retention, 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. DIVISION 4. PROCEDURES Ordinance No. 3184 Page 11 of 18 Sec. 102 -371. Applicability. This division shall be applicable to all land development or redevelopment applications for both small and large construction activities, as defined by the TCEQ, unless eligible for an exemption or granted a waiver by the Public Works Department. Sec. 102 -372. Stormwater Pollution Prevention Plan Required. No person shall commence construction activities on land located within the city that may result in disturbing an area equal to or greater than one (1) acre or less than one (1) acre as part of a larger common plan of development of land prior to preparing and obtaining approval of a stormwater prevention plan in compliance with Part III of TPDES General Permit No. TXR150000 or obtaining a waiver of such requirement from TCEQ. Sec. 102 -373. Drainage Design Manual Development. (a) The City may provide additional policy, criteria and information including specifications and standards, for the proper implementation of the requirements of this division and may provide such information as part of the Storm Drainage Improvements section of the Public Works Design Manual. (b) The Public Works Design Manual may be amended from time to time based on improvements in engineering, science, monitoring and local maintenance experience. Stormwater treatment practices that are designed and constructed in accordance with these design criteria will be presumed to meet the minimum water quality performance standards. Sec. 102 -374. Withholding of Permits. No owner or operator shall be issued any building, grading or other land development permits that are required for land disturbance activities without satisfying the requirements of this division prior to commencement of the proposed activity. Sec. 102 -375. General Criteria for Post Construction Stormwater Runoff Control. (a) All applicable land development sites shall be designed according to the specific performance criteria outlined in the Public Works Design Manual or in conformance with a plan designed by an engineer licensed in the State of Texas, approved by the Public Works Department. (b) Prior to design, applicants are required to consult with the Public Works Department to determine if they are subject to additional post- construction stormwater design requirements. Ordinance No. 3184 Page 12 of 18 Sec. 102 -376. Minimum Control Measures. All stormwater management practices shall be designed so that the specific storm frequency volumes (e.g., water quality, channel protection, ten -year, one - hundred -year) as identified in the current design manual are met, unless the Public Works Department grants a waiver or the owner is exempt from such requirements. If hydrologic or topographic conditions warrant greater control than that provided by the minimum control measures, the Public Works Department may impose any additional requirements deemed necessary to control the volume, timing, and rate of runoff. Sec. 102 -377. Site Design Feasibility. Stormwater management practices for a site shall be chosen based on the physical conditions of the site. Among the factors that should be considered: (a) Topography; (b) Total maximum drainage area; (c) Depth to water table; (d) Soils; (e) Slopes; and (f) Terrain. Applicants shall consult the Public Works Design Manual for guidance on the factors that determine site design feasibility when selecting a stormwater management practice. Sec. 102 -378. Conveyance Issues. All stormwater management practices shall be designed to convey stormwater and allow for maximum removal of pollutants and reduction in flow velocities, which shall include, but are not limited to: (a) Use of structural and nonstructural best management practices (BMPs) and controls; (b) Maximizing of path flow distance from inflow points to outflow points; (c) Protection of inlet and outfall structures; and (d) Elimination of erosive flow velocities. Ordinance No. 3184 Page 13 of 18 Sec. 102 -379. Maintenance Agreements. All stormwater management and /or treatment practices shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include any and all maintenance easements required to access and inspect the stormwater practices, and to perform routine maintenance as necessary to ensure proper functioning of the stormwater practice. Sec. 102 -380. Structural Stormwater Practices. If owners are required by the City to implement structural measures to reduce runoff volumes and velocities at sites where downstream infrastructure is insufficient to accommodate developed flows, the following methods shall be considered appropriate for consideration as structural storm water practices: (a) Swales and channels; (b) Culverts, inlets and pipes; (c) Detention; (d) Energy dissipaters; (e) Infiltration trenches; (f) Stormwater ponds; (g) Porous surfaces; and (h) Re -use (rain harvesting, etc.). The City shall approve the type of structural measure used for each site. Sec. 102 -381. Use of Other or New Stormwater Practices. (a) New and innovative technologies shall be evaluated and are encouraged for use providing that there is sufficient documentation as to their effectiveness and reliability. (b) Alternately, new structural stormwater practices will not be accepted for inclusion in the City until independent performance data shows that the structural control conforms to local and /or state criteria for treatment, conveyance, maintenance and environmental impact. Ordinance No. 3184 Page 14 of 18 Sec. 102 -382. Landscaping and Stabilization Requirements. (a) Any area of land from which the natural vegetative cover has been either partially or wholly removed by development activities shall be re- vegetated within ten (10) calendar days from substantial completion of such clearing and construction. The following criteria shall apply to re- vegetation efforts: (1) Reseeding must be done with a perennial, non - winter season cover crop accompanied by placement of matting, mulch or its equivalent of sufficient coverage to control erosion until such time as to the cover crop is established over ninety (90) percent of the seeded area. (2) Replanting with native woody and herbaceous vegetation must be accompanied by placement of matting, mulch or an equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion. (3) Any area of re- vegetation must exhibit survival of a minimum of seventy (70) percent of the cover crop throughout the year immediately following re- vegetation. Re- vegetation must be repeated in successive years until the minimum seventy (70) percent survival for one (1) year is achieved. (b) Upon instruction from the Public Works Department, a landscaping plan prepared by a Texas registered landscape architect shall be submitted with the final design describing the vegetative stabilization and management techniques to be used at a site after construction is completed. The landscaping plan will explain not only how the site will be stabilized after construction, but who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. The landscaping plan, if required, must be approved by the Public Works Department prior to land disturbing activities. Sec. 102 -383. Privately -Owned Erosion Control Requirements (a) Stormwater system responsible party. (1) For privately -owned stormwater drainage systems and /or water quality devices used for residential or commercial areas, the developer shall be responsible for all of the maintenance and repair of such stormwater drainage systems and /or water quality devices serving that residential or commercial area until the developer or owner no longer has an interest in any property served by the storm water drainage system and /or water quality device. Ordinance No. 3184 Page 15 of 18 (2) Once a homeowners' association (HOA) is organized and becomes active for a residential area served by a stormwater drainage system and /or water quality device, the homeowners' association shall be responsible for the maintenance and repair of the stormwater drainage system and /or water quality device. (3) Maintenance of a storm drainage system and /or water quality device shall include such items, but not be limited to: (i) Mowing of tall weeds and grass; (ii) Regular and routine removal of floatables and debris; (iii) Dredging of silt and removal off -site; (iv) Correcting failures of inlet or outlet control measure; (v) Implementation of erosion mitigation measures; (vi) Repair and maintenance of aeration equipment; and (vii) Maintaining optimal operation of underground and above detention. (b) Disclosure of HOA information to the City. (1) Upon the organization and formation of a homeowners' association, the HOA should provide updated contact information to the City for compliance and reporting communications. The minimum information to be provided by the HOA to the City includes: (i) Name of subdivision and homeowners' association; (ii) Name, address, telephone number and email address of any management company involved with activities related to the HOA (if applicable); (iii) Name, address, telephone number and email address of a direct contact person representing or authorized to act on behalf of the HOA; (iv) Date of formation of the HOA, (v) Current listing of storm water drainage structures and /or water quality devices over which the homeowner's association has control; (vi) Dates when any changes were made to the HOA board, structure or the storm drainage system and /or water quality device over which the HOA has control. (2) Any changes to the contact information regarding the HOA must be reported immediately to the Public Works Department. (3) The HOA is required annually make contact with the Public Works Department to ensure that all information is up to date. Ordinance No. 3184 Page 16 of 18 (c) Authorization to inspect, adopt and impose best management practices. (1) The City has the authority to conduct stormwater inspections to require implementation of best management practices where appropriate. (2) The selection, application and maintenance of BMPs must be sufficient to prevent or reduce the likelihood of pollutants entering the receiving storm drainage system. (3) The City may adopt and impose requirements identifying specific BMPs for any activity, operation or facility, which may cause a discharge of pollutants to the storm drainage system. Where specific BMPs are required, every person undertaking such activity or operation or owning or operating such facility shall implement and maintain BMPs at the person's own expense. Sec. 102 -384. Failure to Maintain Practices. (a) In the event that a stormwater management facility, stormwater drainage system and /or water quality device is deemed by the Public Works Department to be in need of maintenance or repair or is determined a danger to public safety or public health, the Public Works Department shall notify the responsible party in writing for maintenance of the stormwater management facility. The responsible person shall have fifteen (15) days after receipt of notice to affect maintenance and repair of the facility in an approved manner. If a danger to public safety, the Public Works Department may require the maintenance or repair to be done immediately to protect the safety of the public. (b) If a responsible party fails or refuses to meet the stormwater facility maintenance requirements of this article, the Public Works Department, after reasonable notice, may cause the necessary work to be done to correct a violation of the design standards or maintenance and assess the responsible party for all incurred costs and expenses." SECTION 2: Severability. The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. Ordinance No. 3184 Page 17 of 18 SECTION 3. Penalty. Any person, firm, or corporation who violates this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4. Publication The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses hereof. SECTION 5. Effective date. This ordinance shall be in full force and effect from and after its passage and publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED this the 14th day of May, 2012. CITY F NORT R HL D LLS By z` Oscar revino, M or 9�'�TESTh % 7' Patricia Hutson, City Secretary APP V TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: ZL4-� r . Mike Curtis, E., Managing Director Ordinance No. 3184 Page 18 of 18 INVOICE Star - Telegram Customer ID: CIT13 808 Throckmorton St. Invoice Number: 321491431 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 5/30/2012 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 5/31/2012 Bill To: CITY OF NORTH RICHLAND HILLS /SE PO Number: PO BOX 820609 Order Number: 32149143 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn: STACEY HARRISON Publication Dates 5/29/2012 5/30/2012 CITY OF FORTH RICHLAND HILLS` CITY OF NO An o ORDINANCE NO. 3184 rd in nce a endlre9 C� 142 I3580 1 32 32 LINE $6.14 $392.84 City ofNorrth hla�nd Ills, texas Misc Fee by adding new ArtIdes VII and VIII $10.00 Legal Notices establishing Regulations and Standards for Construction Site Net Amount: $402.84 Stormwater /Waste - Management and Post Construction Stormwater Runoff Control; providing a penalty for violations; roviding ifor sever - ability, for publication and providing an effective date. Any person firm, or corporation who violates phis ordinance shall be fined not more than Two Thousand Dollars ($2;000.00) for each of- fense. Each day that a violation is permitted to exist shall constitute ��� a separate offense., A iA. , ►,�'• CHRISTY LYNNE HOLLAND Passed and Approved on this 14th• r s Not day of May,. 2012. y Public State of Texas /s /Oscar Trevino +�i MY Commission Expires Oscar Trevino - Mayor ATTEST: „'�'oJt;a July 31, 2016 n,,,,�a /s /Patricia Hutson THE STATE Patricia Hutson - City Secretary APPROVED AS TO FORM AND County of TE LEGALITY: /s /George Staples George Staples - City Attorney Before me, a IMULdly r-0011C M arlU iv sa,u —anty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publishe in the above named paper on the listed dates: BIDS 8, LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, June 0 , ?2 Notary Public Thank You For Your Payment --------------------------------------------- Remit To : Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 321491431 Invoice Amount: $402.84 PO Number: Amount Enclosed: