HomeMy WebLinkAbout022941 ORD - 05/27/1997AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
CHAPTER 13, BUILDING, CONSTRUCTION AND RELATED
OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS AND
THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI
REGARDING ADOPTION OF A STORM WATER QUALITY
MANAGEMENT PROGRAM; PROVIDING FOR PENALTIES; PROVIDING
FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the NPDES Municipal Separate Storm Sewer System Permit issued to the City of
Corpus Christi by the United States Environmental Protection Agency requires the City to
develop, implement, and enforce controls to minimize the discharge of pollutants from areas of
new development and significant redevelopment after construction is completed;
AND WHEREAS, the NPDES Municipal Separate Storm Sewer System Permit issued to the
City of Corpus Christi by the United States Environmental Protection Agency requires the City
to implement a program to reduce the discharge of pollutants from construction sites, including
the adoption of requirements for the use and maintenance of appropriate structural and
nonstructural control measures to reduce pollutants discharged to the City Municipal Separate
Storm Sewer System from construction sites, the inspection of construction sites, and the
enforcement of control measures;
AND WHEREAS, the NPDES Municipal Separate Storm Sewer System Permit issued to the
City of Corpus Christi by the United States Environmental Protection Agency requires the City
to develop and adopt a guidance document that provides technical criteria for controls designed
to minimize the discharge of pollutants from construction and control requirements;
AND WHEREAS, the City Manager, or his designated representative, will review this
ordinance and work with the affected parties to determine whether any amendments are needed
to ensure that this ordinance does not impose unnecessary burdens or undue hardships.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 13, Buildings; Construction and Related Operations; Housing and
Housing Premises Standards, of the Code of Ordinances, City of Corpus Christi, is amended by
adding a new Article VI, to read as follows:
ARTICLE VI. STORM WATER QUALITY MANAGEMENT PLANS
Sec. 13-200. Adoption of the Storm Water Management Guidance Document,
The Storm Water Management Guidance Document for Developmental Planning and
Construction Activities. prepared by the Storm Water Department. dated M.y 28. 1997. a true
copy of which is on file with the City Secretary. is adopted to ensure storm water entering the
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navigable waters of the United States from the City's Municipal Separate Storm Sewer System
does not violate the terms of the City's Storm Water National Pollution Discharge Elimination
System Permit. The Guidance Document contains suggested Best Management Practices that
owners. developers. and contractors should consider adopting to help control and reduce
pollutants that are transported by storm waters.
Sec. 13-201. Definitions
"Area Adjacent to the Nueces River Water Supply" means the land that is within 1 500
feet from the edge of the Nueces River or any of its tributaries above the Calallen
Saltwater Intrusion Dam.
"BMP" means Best Management Practice.
"Disturbing" means clearing. grading. excavation. or other construction -related activities
including the open storage of raw materials. transport and parking of vehicles. etc.. on an
unpaved area.
"Environmentally Sensitive Area" means:
Receiving Waters
Stream segment. bay. or estuary classified as having an "Exceptional" aquatic life
use by TNRCC under 30 TAC 307.7(b)(3) and 307.10.
Areas identified as providing critical habitat for an endangered. threatened. or
protected species. The U.S. Fish and Wildlife Service or Texas Department of
Parks and Recreation should be consulted. if necessary.
Wetlands as defined by 33 CFR 328.3(b).
State Owned Submerged Land
Critical Dune Areas. as determined by the Land Commissioner under Texas
NaturalResources Code § 63.121.
Area Adjacent to the Nueces River Water Supply.
Floodplains. as determined by the Federal Emergency Management Agency
Floodways. as determined by the Federal Emergency Management Agency
Velocity Zones. as determined by the Federal Emergency Management Agency
"FEMA" means Federal Emergency Management Agency.
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"Harmful liquid" means a liquid that may cause harm to the environment such as oil
chemicals & hazardous substances
"Lot" means a lot as defined by §3.1.41 of the Zoning Ordinance.
"NPDES" means National Pollution Discharge_ limination System.
"Permanent stabilization" means that all unpaved areas of the site. not covered by
permanent structures. which were disturbed by construction activities. have a uniform
perennial vegetative cover with a density of 70% or equivalent permanent stabilization
has been used. such as coverage with geotextiles and mulch.
"Pollution Control Plan" means a site plan that contains the following information.
The outline of the site
A delineation of the area of the site that will be disturbed by construction
activities.
The direction offlow of storm water drainage leaving the site. If the drainage
pattern will be altered. both the existing drainage patterns and proposed drainage
patterns must be shown.
A description and location of any existing drainage structures on the site and any
drainage structures that will be constructed on the site
A description of how any"run-on" storm water will be handled. including sheet
flow entering the site from adjoining property.
A description and the location of any Environmentally Sensitive Area that is
located on the site or adjoins the site. which will receive storm water directly from
the site.
The boundary line between thesite and any a. joining State owned submerged
land A preliminary boundary line may be used in a Pollution Control Plan
submitted with a preliminary plat. The Pollution Control Plan must be amended
prior to filing of a final plat. once a final boundary determination has been
approved by the General Land Office. to reflect any difference between the
preliminary boundary line and the approved boundary line.
The location of any FEMA Flood Insurance Rate Map 100 year Floodplain
Boundaries. Floodway Boundariesor FEMA Velocity Zone Boundaries that
encroach on the site. Preliminary boundaries may be used in the Pollution
Control Plan submitted with a preliminary plat. The Pollution Control Plan must
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be amended to reflect any difference between the preliminary boundaries and the
boundaries shown on the final plat.
A description and the location of all temporary control measures that will be
implemented and installed during construction to control erosion sedimentation,
and the discharge of pollutants into the City's Municipal Separate Storm Sewer
System.
The permanent control measures that will be constructed to control erosion
sedimentation. and the discharge of pollutants into the City's Municipal Separate
Storm Sewer System after completion of construction.
"Receiving Waters" mean Corpus Christi Bay. Nueces Bay. Oso Bay. Laguna Madre
Nueces River. Oso Creek. West Oso Creek. Petronilla Creek. and the Gulf of Mexico
The term includes perennial and intermittent streams that are natural tributaries to those
waters. but does not include manmade drainage structures.
"Responsible party" means the owner. occupant. developer. builder. or general contractor
who has operational control over site specification (including the ability to make
modifications in specifications). or who has operational control over day to day activities
at the site and is able to ensure compliance with plan requirements and permit conditions
(e.g.. a person who is authorized to direct the conduct of workers at the site). Any person
who has filed a Notice of Intent (NOI) with EPA is presumed to be a Responsible Party
under this Article until the person has filed a Notice of Termination (NOT) with EPA and
sent the Director of Engineering Services a copy of the NOT.
"Significant redevelopment" means a change in the use of a tract of land that increases the
proportion of impervious surface. a change in the use of a tract of land that will result in
an increase of pollutants that may be carried off the property by storm waters. or the
alteration or repair of a facility. which requires the facility to be brought into compliance
with the current Building Code requirements under Section 101.5. of the City's Building
Code.
Wigle -lot single family re idential construction"m ans the construction nfa '+glee
family residential structure and accessory buildings upon a single lot. regardless of size.
The construction of each individual residential structure is considered a single -lot. single-
family residential construction. even if the Responsible Party is simultaneously
constructing another residential structure on an a'joining lot. For the purposes of this
Article. a lot may include one or more adjoining platted lots that are treated as a single
tract of land.
"Storm water" means storm water runoff. snow melt runoff. and surface runoff and
drainage
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"Storm Water Quality Management Plan" means a preliminary engineering report and
analysis that provides:
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plan.
The land use assumptions used. Generally. the most impactive land use allowed
under the current zoning. any changes in the zoning being proposed. or the
applicable area development plan should be assumed. However. a less impactive
land use may be used if an application is submitted to rezone the tract to a less
impactive land use or the highest use allowed under the current zoning is less than
the use designated in the area development plan.
Hydraulic calculations based upon established procedures (such as the rational
method).
An on-site drainage plan. which details the direction of flow and collection
structures. including the size and required capacity of the drainage structures
The on-site drainage plan should address how "run-on" storm water will be
handled. including sheet flow entering the site from adjoining property
Demonstration of the conformance with existing Master Plan drainage and/or the
need for Master Plan amendment for both on-site and off-site improvements In
the absence of a request for rezoning. the most impactive land use allowed under
the current or proposed zoning will be assumed
Delineation of the route of runoff to ultimate outfall. This information will be
used to determine the ultimate capacity for water quality treatment at an ultimate
outfall station.
Identification of any Environmentally Sensitive Area that is on the site. or that
would be sensitive to storm water pollution from the site. Areas of investigation
should include. but are not limited to. water supply sources. recreational waters.
wetlands. barrier island dunes. and other sensitive ecological systems
Sec. 13-202. Storm Water Quality Management Plans Required,
fa) Except as provided in subparagraph (2) of this paragraph. a site specific Storm Water
Quality Management Plan is required for all residential. commercial. and industrial
developments of five (5) acres or more.
(1) For the purpose of this section. the area of the development must include all
contiguous land owned by the Responsible Party. regardless of the amount of land
that will be affected by the development activity.
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(2) A Storm Water Ouality Management Plan is not required when a portion of a
previously developed tract of land is redeveloped. unless the redevelopment will
result in the conversion of more than 1/4 acre from a porous surface to an
impervious surface
(b) The Storm Water Quali y Management Plan must be submitted at the time of
submission of a preliminary plat: a fatal plat if no preliminary plat was submitted or if a
Storm Water Quality Management Plan was not submitted with the preliminary plat: or a
rnplat of a final plat under the Platting Ordinance. if a torm Water jampaa
Plan was not submitted with the preliminary plat or final plat: or submission of a site plan
with an application for a building permit. if a Storm Water Quality Management Plan was
not submitted with the preliminary or final plat
(c) The Storm Water Ouali y Management Plan must identify the location of the ultimate
outfall from the City's Municipa parate Storm Sewer System into the Receiving Water
and any Environmentally Sensitive Areas that will receive any pollutants carried by storm
water pollution from the site.
(d) The Storm Water Quality Management Plan must state whether an NPDES Storm
Water Pollution Prevention Plan or a Pollution Control Plan will be submitted to the
Director of Engineering Services under Section 13-204.
(e) The Storm Water Quality Management Plan must be sealed and signed by a
Registered Professional Engineer licensed to practice engineering in the State of Texas.
Sec 13-203 Special Land Use Requirements
(a) A Storm Water Quality Management Plan and anv plans submitted for a building
permit for the development of property that will be used for one of the following uses must
identify the appropriate Best Management Practices. published in the City of Corpus Christi's
Storm Water Management Guidance Document for Developmental Planning and Construction
Activities (Guidance Document) that the Responsible Party will adopt to prevent pollutants
associated with the use from being discharged into the City's Municipal Separate Storm Sewer
System However a Responsible Party is not required to identify any specific Best Management
Practice.
(1) Fueling stations — "Fueling.Station Practices" in Section 4.9.5 of the
Guidance Document.
(2) Vehicle/equinment washing and steam cleaning jication=
"Vehicle/Equipment Washing and Steam Cleaning Practices" in Section 4.9.6 of
the Guidance Document
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(3) Facilities engaged irtharmful Liquid materials loading and unloading —
"Harmful Liquid Materials Loading and Unloading Practices" in Section 4 9 7 of
the Guidance Document
(4) Facilities engaged in harmful liquids storage in aboveground tanks —
"Harmful Liquid Storage in Above -Ground Tank Practices" in Section 4.9.8 of the
Guidance Document.
(5) Facilities engaged in container storage of harmful liquids (such as oil
chemicals. &_hazardous_ substances). food wastes. and hazardous wastes —
"Container Storage of Harmful liquids. Food Wastes. Hazardous Wastes
Practices" in Section 4.9.9 of the Guidance Document.
(6) Facilities engaged in outdoor storage of rawmaterials that are subject to
leaching and transport by erosion and sedimentation. such as gravel. sand. topsoil
compost. sawdust. wood chips: building materials. including lumber. which are
subject to leaching: and concrete and metal products. which are subject to
chemical erosion. corrosion. and leaching — "Outdoor Storage Practices" iR
,Section 4.9.11 of the Guidance Document.
(b) The owner of a site within the City that is currently being used for one of the activities
described in subsection (a) of this Section is not required to physical y alter the existing facility
to comply with this section. unless alterations or repairs to the facility require the facility to he
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City's Building Code.
(c) The Storm Water Quality Management Plan and any building plans submitted with an
application for a building permit for a site that is in the Area Adjacent to the Nueces County
Water Supply must identify the measures that will ensure the development conforms with current
measures required to safeguard the quality of water within the Nueces River and the health of
those consuming water from the Nueces River.
Sec 13-204 Planning Requirements for Site Development During Construction,
(a) Development qfSites 5 Acres or More.
(1) An NPDES Storm Water Pollution Prevention Plan is currently required by
EPA for all construction projects where five (5) acres or more will be disturbed
during development. Developments of sites hat disturb five (5) acres or more
within the City of Corpus Christi's jurisdiction must prepare an NPDES Storm
Water Pollution Prevention Plan that satisfies EPA regulations.
a. A copy of the NPDES Storm Water Pollution Prevention Plan must be
provided to the City's Director of Engineering Services
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b A copy of any Notice of Intent (NOI) provided to EPA must be
provided to the Director of Engineering Services. Approval of the
elements of the NPDES Storm Water Pollution Prevention Plan is not
required by the Director 9f Engineering Services. However. the Director
of Engineering Services or Building Official may require correction of any
deficiencies in the NPDES Storm Water Pollution Prevention Plan and
may require additional measures in order to meet the requirements of
Section 13-205. Pollution Control Measures.
c. A copy of any Notice of Termination (NOD submitted to EPA must be
provided to the Director of Engineering Services.
(21 If the site is five (5) acres or more. but less than five jasurgunsunmesu
1/4 acre will be disturbed. an NPDES Storm Water Pollution Prevention Plan is
not required. but a Pollution Control Plan. as defined in Section 13-201. is
required unless the site is a single -lot. single-family residentiaLconstruction.
lb) Development of Sites Less than five (5) Acres and More than % Acre.
(1) A Pollution Control Plan. as defined in Section 13-201. is required for
commercial construction. industrial construction. multi -family residential
construction and development of a residential subdivision within the City of
Corpus Christi's jurisdictional area where less than five (5) acres but more than '/<
acre will be developed. The area of the development will be based upon the
platted lot area or. if not platted_ upon the area of the tract owned by the
developer including all contiguous property owned by the sante person.
Disturbance of a partial area of a tract is not a condition that will cause a change
of the category in development size.
(2) Submission of a site specific Pollution Control Plan is not required for a
single -lot. single-family residential construction. regardless of its size.
(3) The Pollution Control Plan must include any measures as required to comply
with the Pollution Control Measures specified in Section 13-205. A Pollution
Control Plan must be submitted to the Building Official for review before
issuance of a building permit or approval to begin development
(4) Implementation of the pollution control measures detailed in the plan is
required. (Inspections of the status of the pollution control measures will be
performed by City personnel during normal construction inspections and at other
times when construction activities may be conducted.)
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satisfied that all temnorary and permanent measures specified b1 the lean are
complete.
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(6) The Director of Engineering Services will not accept any improvements
required under Section V of the Platting Ordinance until the Director of
Engineering Services is satisfied that all temporary and permanent measures
specified by the plan are complete. unless the Responsible Party has entered into 4
maintenance agreement with the City. as provided in Section 13-205(0.
(7) A Pollution Control Plan is not required when a portion of a previously
developed tract of land is redeveloped, unless the redevelopment will re It in he
conversion of more than 1/4 acre from a porous surface to an impervious surface.
(c) Development of Sites '% Acre or Less and Single -Lot. Single -Family Residential
Construction, A site specific Pollution Control Plan is not required for the development of sites
which are 'IA acre in size or less. nor for single -lot single-family residential construction
However. the Responsible Party shall comply with the Pollution Control Measures in Section 13-
205.
(1) In order to obtain a building permit. a Responsible Party shall provide 4
written acknowledgment that the Responsible Party is aware of the Pollution
Control Measures of the City of Corpus Christi and that the Responsible Party
will comply with these measures during the development of the property
(2) In order to obtain a certificate of occupancy. a Responsible Party must certify
that all necessary temporary or permanent Pollution Control Measures specified in
Section 13-205. Pollution Control Measures. are in place. If adequate Pollution
Control Measures are not in place. the Building Official is authorized to withhold
the certificate of occupancy.
(3) Prior to requesting acceptance of any improvements required by Section V of
the Platting Ordinance. a Responsible Party must certify that all necessary
permanent Pollution Control Measures specified in Section 13-205. Pollution
Control Measures. other than the required stabilization. are in place. If adequate
Pollution Control Measures are not in place. the Director of Engineering Services
will not accept any improvements required by Section V of the Platting
Ordinance. unless the Responsible Party has entered into a maintenance
agreement with the City. as provided in Section 13-205(0
(d) For the purposes of this section. the entire plat or site will be considered to be the area
being disturbed unless the site plan specifically designates which areas will be disturbed and
which areas will not be disturbed. The Responsible Party shall take appropriate measures to
ensure no construction related activities disturb any area that is not de ignated as disturbed on the
plat or site plan.
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Sec. 13-205. Pollution Control Measures.
The Responsible Party of any construction site within the City of Corpus Christi shall
implement measures necessary to control erosion. sedimentation. debris. and storm water
pollution. The Responsible Party is responsible for the maintenance and performance of the
temporary pollution control measures until permanent pollution control measures are in place
The pollution controls are designed to be selected by the developer based on the most cost
effective and appropriate means to provide the required controls. In instances where a specific
pollution problem is not present. controls are not required. Suggested Best Management
Practices are detailed in Section 4 of the Storm Water Management Guidance Document for
Developmental Planning and Construction Activities.
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This paragraph provides examples of temporary pollution control measures that can be
used to control erosion and sedimentation.
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fl) Structural Control of Soil Erosion.
a Silt Fences ho ld be ilizeA where n ar}+ to i tain the sediments
from disturbed areas within the site and decrease the velocity of sheet
flows. [BMP 4.2.1.1 Filter Fabric Fence}
b. Straw bales should be utilized. where necessary to retain sediments
from disturbed areas within the site and decrease the velocity of sheet
flows. Straw bales are particularly useful in paved areas where silt fences
cannot be erected. [BMP 4.2.2.1 Straw Bale Fence}
c. Stabilized construction entrances should be designed to reduce the
amount of soil tracked off the construction site by vehicles leaving the site.
A stabilized construction entrance should be utilized. if necessary to
control tracking. The Responsible Party should ensure that vehicles
entering and leaving the construction site use the stabilized construction
entrance. The owner or operator of a vehicle entering or leaving a
construction site may not track soil off the construction site unless the
operator uses the stabilized construction entrance. [BMP 4.7.1 Stabilized
Access Roads and Parking Areas}
d. Vegetative buffer strips. of appropriate size should be maintained
where necessary and practical. to aid in reducing the velocity of storm
water and in trapping sediments in the storm water leaving the site. A
vegetative buffer will usually suffice as a structural control until final
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e. Inlet protection barriers must be installed around all inlets until the area
immediately surrounding the inlet is paved or stabilized. [BMP 4.5.1.1
Inlet Protection Barriersl
(2) Waste Controls. Waste disposal must be accomplished in a manner so that no
solid wastes. including building materials. hazardous substances. oil. or packaging
leave the site. except for disposal at an appropriate. approved solid waste
management facility. in conformance with the Texas Solid Waste Disposal Act.
To the extent practicable. no solid waste including building materials hazardous
substances. or oil may be allowed to enter the City's Municipal Separate Storm
Sewer System the City's streets. or the navigable waters of the United States,
Building materials include. but are not limited to. uncovered stockpiles of soil
sand. dry cement. lumber. bricks. or other products used in construction. The
prime contractor. who is issued the building permit. is responsible for the conduct
of all subcontractors with regards to disposal of wastes generated by the
construction activities at the site.
(3) Dust Control. Dust control should be provided at whatever frequency
required
(4) Hazardous Material Storage. Chemicals. paints. solvents. fertilizers. and other
toxic materials must be stored in waterproof containers. Exce during
applications. the contents must be kept in trucks or in storage facilities. Runoff
containing such materials shall be collected. removed from the site. and disposed
of at an approved solid waste or chemical disposal facility.
(5) Concrete Trucks. The Responsible Party may not allow the owner or operator
of a concrete truck to wash out or discharge surplus concrete or drum wash water
at a construction site. unless the surplus concrete or drum wash water in concrete
trucks is discharged at a facility on the construction site that will retain all
concrete wash waters or leachates. including any wash waters or leachates mixed
with storm water. Concrete wash waters and leachates may not be allowed to
enter the municipal separate storm sewer system. City streets. the waters of the
United States. or ground waters
(6) The Responsible Party may adopt alternative procedures. such as regularly
scheduled street cleaning in the immediate vicinity of the construction site
instead of adopting temporary structural controls for erosion under Subsection
fa)(1) of this Section. If alternative procedures will be used. the Responsible
Party shall include those provisions in its NPDES Storm Water Pollution
Prevention Plan Pollution Control Plan or the plans submitted for a building
permit if an NPDES Storm Water Pollution Prevention Plan or Pollution Control
Plan is not required.
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(b) Permanent Pollution Control Measures (Post -Construction).
(1) Permanent stabilization must be annlied to all unpaved areas that have reached
final g. ade or those areas that will not be disturbed within the next 45 days.
Permanent stabilization consists of sodding. seeding. or mulching with a seed
bearing hay that will provide for new growth within a three (3) month period.
New vegetative ground cover must be maintained by watering. regradine,
reseeding or sodding as necessary. until 70% growth coverage is obtained. [See
Guidance Document BMP 4.2.4.1 Seeding with Mulching}
a. Acceptance of improvements bit e Ci an occur before the
permanent stabilization coverage requirement is met. if the developer
agrees to maintain the stabilization until coverage is achieved and all other
permanent measures are complete.
b. Once permanent stabilization has been achieved. the Responsible Party
may notify the Director of Engineering Services that permanent
stabilization has been achieved.
c. After inspection of the site by a City inspector. the Director of
Engineering Services will send the Responsible Party written confirmation
that permanent stabilization has been achieved.
(2) Erosion control structures must be provided where necessary to control erosive
velocities in unlined channels or &wales leaving the site. [See Guidance
Document BMP 4.1.3.1 Pipe Slope Drain and BMP 4.1.4.1 Paved Flume}
(3) Sediment traps must be provided on the site. as necessary. to control
sedimentation from concentrated storm water discharges into an Environmentally
Sensitive Area. Individual assessments must be made on a site specific basis.
However. a rock rubble low berm must be installed around an outfall that
discharges directly into an Environmentally Sensitive Area. unless this
requirement is waived by the Director of Engineering Services because the
Responsible Party has installed another type of sediment trap that provides equal
or better protection. [See Guidance Document BMP 4.3.2 1 Stone Outlet Sediment
Trap and BMP 4.3.2.2 Excavated Earth Outlet Sediment Trapl
(4) Stenciling metal plates anchored in concrete inlets. precast manhole covers
wording stamped in concrete. or other acceptable form of' signing must be
provided on top of any storm sewer inlets. [See Guidance Document BMP 4.9.15
Inlet Stenciling}
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(c) Scheduling of Control Measures.
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maximum storm water pollution control based on the following principles:
( 1) Down slope and side slope perimeter controls must be installed before land
disturbing activity occurs
(2) The Responsible Party shall not disturb the site until the Responsible Party is
ready for construction to proceed
(3) Efforts to provide cover or stabilize disturbed areas must occur as soon as
possible.
(4) Construction of infiltration measures must be delayed until the end of the
construction project when upstream drainage areas have been stabilized
(5) Temporary perimeter controls may not be removed until all upstream areas are
finally stabilized.
(d) Inspection of Pollution Control Measures
The Responsible Party shall inspect all Pollution Control Measures every seven (7) days
and within 24 hours following a rainfall of 0. inches or greater. at the site. and maintain
a record of each inspection. which shall be made available for inspection by a
representative of the City during normal business hours
(e) Maintenance of Pollution Control Measures.
(1) The Responsible Party shall maintain and ensure adequate performance of the
temporary Pollution Control Measures until permanent Pollution Control
Measures are in place.
(2) Whenever the temporary or permanent Pollution Control Measures do not to
keep soil. sediment. and debris on the construction site. such as excessive tracking
of dirt offsite by vehicles and runoff of sediments from the site over sidewalks and
into the streets and gutters. etc.. the Responsible Party shall remove the soil
sediment. and debris from streets. sidewalks. and inlets. as necessary. return the
soil and sediment to the areas to be stabilized. and properly dispose of the debris
(3) The owner or person in control of site is responsible for the maintenance of
any Permanent Pollution Control Measure located on the site. unless the owner
has dedicated the Permanent Pollution Control Measure to the City and has
provided the City with any easements necessary to allow a cess to rhe Permanent
Pollution Control Measure and to conduct of any required maintenance activities
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(f) Maintenance Agreements Between A Responsible Party and City.
(1) If all permanent Pollution Control Measures. other than the required
stabilization. are complete a Responsible Party may provide a maintenance
agreement for the required stabilization. This agreement may allow the
Responsible Party to receive acceptance of improvements by the City and allow
the filing of the final plats.
(2) The maintenance agreement must be submitted with the Engineer's
Certification of Infrastructure Completion. The Director of Engineering Services
will execute the agreement at the time of acceptance of the public improvements
subject to anv terms and condition set out in the agreement
(3) If a change in ownership occurs during the period when temporary measures
are still in place. the maintenance agreement between the City and the
Responsible Party. who entered into the agreement. will remain in force until.
a. Such time as either all permanent Pollution Control Measures are in
place (stabilization at 70% coverage)
b. A new Responsible Party has entered into an agreement with the City
to assume the prior Responsible Party's responsibilities ander the
agreement with the City.
c. A new owner acquires the tract with notice of the requirements of the
maintenance agreement and agrees to assume the liabilities and
responsibilities under the agreement of the Responsible Party. who entered
into the agreement with the City. at which time the new owner becomes
responsible for the maintenance of the portion of the site to which the new
owner has title.
(4) The original Responsible Party. who entered into the maintenance agreement
with the City. remains responsible for the balance of the site under the terms of
the original agreement for maintenance
(5) Once the Responsible Party has satisfied all terms and conditions of the
maintenance agreement. including permanent stabilization. the Responsible Party
shall notify the Director of Engineering Services.
l¢ After inspection of the site by a ity i pec or the Director of Engineering
Services will send the Responsible Party written confirmation that the
Responsible P. y has complied with the agreement and the agreement is
terminated.
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Sec 13-206. Appeals to City Manager,
A person adversely affected by a decision of the Director of Engineering Services or the
Building Official under this Article. may appeal the decision to the City Manager. or the City
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or the Building Official notifies the person of the decision in writing. An appeal must be
submitted in writing and must be addressed to the City Manager. The appeal must set out
specifically why the decision of the Director of Engineering Services or the Building -Official
should be considered for relief. The City Manager. or the City Manager's designee should act
promptly on any appeals under this Article.
Sec. 13-207. Prosecution for Violations of this Article.
(a) A violation of any provision of this Article is a Class C misdemeanor. A conviction is
punishable by a fine as provided injection 1-a of this Code. Each day a violation continues
constitutes a separate offense. Each violation of a separate provision in this Article constitutes a
separate offense. A culpable mental state is not required to prove an offense under this
ordinance.
(b) Failure to appear in response to a citation issued for violation of this chapter is a
separate violation of this Article
SECTION 2. Section III of the Platting Ordinance of the City of Corpus Christi, adopted
by Ordinance 4168, on March 23, 1955, and subsequently amended on several occasions, is
amended by adding a new paragraph III.l to read as follows:
SECTION III - PROCEDURE
I. STORM WATER QUJALITY PROTECTION REQUIREMENTS,
L A preliminary plat shall identify the Receiving Waters. as defined in
Section 13-201. which will ultimately receive any storm water runoff from
the tract and whether the stream segment. bay, or estuary is classified as
having an "Exceptional" aquatic life use by TNRCC under 30 TAC
3001(31 and 307.10.
,
Apreliminary nlat shall identify the location of anyof the following
features that are located on the tract or adjoin the tract being platted
a,1 Any natural body of water. including an intermittent or perennial
stream.
R73406A1.148
16
b) A preliminary description of any area that is probably
Endangered/Protected Species Habitat,
cl A preliminary description of any area of the site that may be
jurisdictional wetland. as defined by 33 CFR 328.3(b)
d) A preliminary boundary line of any submerged lands belonging to
the State of Texas that a.joins the tract.
A preliminary determination of the location of any Critical Dune
Areas that may be located on the site.
3, A final plat must contain any information required in subparagraphs 1 and
2 of this paragraph and must identify the location of any of the followinv
features that are located on the tract being platted
al The location of FEMA Flood Insurance Rate Map 100 year
Floodplain Boundaries that encroach on the site.
b) The location of FEMA Floodway Boundaries that encroach on the
site.
pl The location of FEMA Velocity Zone Boundaries that encroach on
the site
d) Any area identified as providing Endangered/Protected Species
Habitat by the Texas Parks and Wildlife Department or U. S. Fish
and Wildlife Service.
The limits of any current jurisdictional wetland as defined by 33
CFR 328.3(b)
• The boundary line of any submerged lands belonging to the State
of Texas that adjoins the tract. based on a State -approved
determination of the boundary between the State-owned lands and
privately -owned property.
g) The location of any Critical Dune Areas. as determined by the
Land Commissioner under Texas Natural Resources Code §
63 121
SECTION 3. Section V.B. of the Platting Ordinance of the City of Corpus Christi,
adopted by Ordinance 4168, on March 23, 1955, and subsequently amended on several
occasions, is amended by adding a new subdivision V.B.10., to read as follows:
R73406A1.148
17
SECTION V - REQUIRED IMPROVEMENTS
B. MINIMUM STANDARDS.
L STORM WATER OUALITY CONTROL MEASURES TO REDUCE
POLLUTION AFTER CONSTRUCTION,
a) Storm Water Management Guidance Document for Developmental
Planning and Construction Activitie Prior to snhmissi n of a
preliminary plat or final plat for review. the Responsible Party shall
review the City of Corpus Christi's Storm Water Management Guidance
Document for Developmental Planning and Construction Activities
adopted by Section 13-200 Code of Ordin nce and determine whether it
is feasible to incorporate cost effective Best Management Practices that
will reduce pollution of the receiving waters by storm water runoff from
the property being platted.
Storm Water Quality Management Plan. A site specific Storm Water
Ouality Management Plan. as defined in Section 13-201 of the Code of
Ordinances. is required for all residential commercial and industrial
developments of five (5) acres or more. For thepurpose of this section
the area ofthe development shall include all adioining jmdis
same person. regardless of the amount of land that will be affected by the
development activity. The Storm Water Quality Management Plan must
be submitted at the time of submission of a preliminary plat: a final plat if
no preliminary plat was submitted or a Storm Water Quality Management
Plan was not submitted with the preliminary plat: or a replat of a final plat
if a Storm Water Quality Management Pl n was not c bmitted with the
preliminary plat or final plat.
Permanent Measures to Reduce Pollution from Runoff. During the
planning for development. areas sensitive to storm water pollution must be
identified. including water supply sources. recreational waters. and
environmentally sensitive areas as defined in Section 13-201 of the ode
of Ordinances. in order to provide a criterion upon which to base cost
effective storm water control measures.
(l). Vegetated buffer strips are encouraged along boundaries of
environmentally sensitive areas. Native vegetation should be
utilized where practicable.
R73406A1.148
18
(2) Drainage outfalls that will discharge directly into an
environmentally sensitive area shall be located with consideration
of the natural topography and drainage patterns of the
environmentally sensitive area Velocity control must be provided
at outfall openings to eliminate erosion of the environmentally
sensitive area. Rock rubble shall be placed at the outfall to allow
for veloci y reduction and trapping of some floating debris and
sediments from storm water
(3) All wetlands must be delineated, and any required permits obtained
from the U.S Army Corps of Engineers. or other appropriate
regulatory agencies. before work that may disturb the wetlands is
commenced.
All plats of lands that border on submerged lands belonging to the
State of Texas must have a State -approved determination of the
boundary between the State-owned land and privately owned
property. The boundary line must be shown on the final plat.
(5) All projects that will occur within 1 000 feet of the mean high tide
limit of the Gulf of Mexico must comply with the City of Corpus
Christi Dune Protection and Beach Access Plan: Chapter 10
Beachfront Management and Construction. of the Code of
Ordinances• and the Nueces County Beach Management Plan.
jib, Any development within the Nueces River watershed that is
upstream from the City's raw water supply intake must be designed
to reduce runoff of contaminated storm water to the water supply.
cDD Greenbelts should be planned where possible to function in
combination with drainage ways. park lands. and rights of way.
Grassy drainage swales. which will encour.ge percolation of
drainage waters and reduce erosion from unlined drainage
channels. are encouraged.
SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance, for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be
given full force and effect for its purpose.
SECTION 5. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances.
R73406A1.148
19
SECTION 6. This ordinance becomes effective on June 1, 1997.
SECTION 7. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
R73406A1.148
20
That the foregoing or mance was read for the first time and passed to its second reading on this
the /3lih Day of d' 1997, by the following vote:
Loyd Neal ( Betty Jean Longoria
Jaime L. Capelo, Jr. John Longoria
Melody Cooper tea f lP Edward A. Martin
Alex L. Garcia, Jr. __ld_) Dr. David McNichols
Arnold Gonzales
That theoye$omg ordinance was read for the second time and passed finally on this the 7-/h
Day of V V lam.( , 1997 by the following vote:
Loyd Neal J Betty Jean Longoria
1
Jaime L. Capelo, Jr. "� John Longoria
Melody Cooper C� !J�(-1 Edward A. Martin
Alex L. Garcia, Jr.Dr. David McNichols
Arnold Gonzales q /
PASSED AND APPROVED, this the o(7{ /1 Day of / Y I dui , 1997.
ATTEST: J
/, 0 01
Armando Chapa, City Ser etary
44c`
Mayor
The City of Corpus Christi
APPROVED: Day of Ka/ , 1997:
James R. Bray, Jr., City Attorney
By:
R. J. R' ning
A is t City Attorney
R73406A1.148
State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
ss: Ad # 13559820.11
PO#
Before me, the undersigned, a Notary Public, this day personally came Darrell
G. Coleman, who being first duly sworn, according to law, says that he is Vice -
President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily
newspaper published at Corpus Christi in said County and State, generally
circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes,
Kenedy, Kleberg, Live Oak, Nueces, Refugio San Patricio, Victoria and Webb
Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE
NO. 022941 in which the annexed is a true copy, was inserted in the Corpus
Christi Caller --Times on the 2ND day(s) of JUNE, 1997.
ONE (11 Time(s)
$44.62
\E HAOnffi'Rgzss.
p5 -14'2p0\
Vice -President and Chief Financial Officer
Subscribed and sworn to before me this 11TH
day(s) of June, 1997.
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/01.
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