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HomeMy WebLinkAbout029265 ORD - 10/25/2011Page 1 of 11 ORDINANCE AMENDING THE ARTICLE X, CHAPTER 14, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING STORM WATER QUALITY MANAGEMENT PLANS, POLLUTION CONTROL PLANS, POLLUTION CONTROL MEASURES, AND SMALL CONSTRUCTION SITE NOTICES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 14-1002 is amended by revising the definitions of "pollution control plan," "receiving waters," "responsible party," and "storm water quality management plan," to read as follows: "Sec. 14-1002. Definitions. "For the purposes of this article, the following terms have the meanings ascribed to them in this section, unless the context clearly indicates otherwise: "Pollution control plan means a site plan that contains the following information: "a. The outline of the site. "b`A delineation of the area of the site that will be disturbed by construction activities, "c. The direction of flow of storm water drainage entering and leaving the site. If the drainage pattern will be altered, both the existing drainage patterns and proposed drainage patterns must be shown. "d_A description and location of any existing drainage structures on the site and any drainage structures that will be constructed on the site. "e_A description of how any run-on storm water will be handled, including sheet flow entering the site from adjoining property. "f.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. 029265 SWAMP Ord Cleanup 10012011,docx INDEXED Page 2 of 11 "g The boundary line between the site and any adjoining 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. "h. The location of any FEMA Flood insurance Rate Map 100 -Year Floodplain Boundaries, Floodway Boundaries or 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 be amended to reflect any difference between the preliminary boundaries and the boundaries shown on the final plat. "L 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 pollution into the city's municipal separate storm sewer system. "L.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 means Corpus Christi Bay, Nueces Bay, Oso Bay, Inner Harbor, 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 the 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 or TCEQ or posted a Small Construction Site Notice is presumed to be a responsible party under this article until the person has filed a notice of termination (NOT) with EPA or TCEQ or removed a Small Construction Site Notice and sent the director of developmental services a copy of the NOT or Small Construction Site Notice with removal date. SWQMP Ord Cleanup 10012011.docx Page 3 of 11 "Storm water quality management plan means a preliminary engineering report and analysis that provides: "a. A brief description of the project, with maps showing the area covered by the plan. "b. 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. "c. Hydraulic calculations based upon established procedures (such as the rational method). "d. An on-site drainage plan, which details the direction of flow and collection structures, including the size and required capacity of the drainage structures. "e. The on-site drainage plan should address how run-on storm water will be handled, including sheet flow entering the site from adjoining property. "f_ Demonstrations of the conformance with existing master plan drainage and/or the need to 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. "h 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." * SWQMP Ord Cleanup 10012011.docx SECTION 2. Section 14-1004(b) is revised to read as follows: "Sec. 14-1004. Special land use requirements. * * Page4of11 "(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 physically after alter the existing facility to comply with this section, unless alterations or repairs to the facility require the facility to be brought into compliance with the current technical construction codes requirements under section 14-211(c) of this Code." * SECTION 3. Section 14-1005(a)(1)b. and c. (a)(2) are revised to read as follows: "Sec. 14-1005. Planning requirements for site development during construction. "(a) Development of sites one (1) acre or more. "(1) An NPDES or TPDES storm water pollution prevention plan is currently required by EPA or TCEQ for all construction projects where one (1) or more acres will be disturbed during development. Developments of sites that disturb one (1) acre or more within the city's jurisdiction must prepare an NPDES or TPDES storm water pollution prevention plan that satisfies EPA or TCEQ regulations and the NPDES or TPDES construction general permit. * * * "b. A copy of any notice of intent (NOD provided to EPA or TCEQ or Construction Site Notice that was posted must be provided to the director of developmental services. Approval of the elements of the NPDES or TPDES storm water pollution prevention plan is not required by the director of developmental services. However, the director of developmental services or building official may require correction of any deficiencies in the NPDES or TPDES storm water pollution prevention plan, and may require additional measures in order to meet the requirements of section 14-1006, pollution control measures. "c. A copy of any notice of termination (NOT) submitted to EPA or TCEQ or any Small Construction Site Notice that was removed must be provided to the director of developmental services." SWQMP Ord Cleanup 10012011.docx Page 5 of 11 "(2) Unless the site is a single -lot, single-family residential construction that is not part of a larger development that requires an NPDES or TPDES permit, cif the site is one (1) acre or more, but less than one (1) acre and more than one-quarter (1/4) acre will be disturbed, an NPDES or TPDES storm water pollution prevention plan is not required, but a pollution control plan, as defined in section 14-1002, is required, unlesc the site is a * * SECTION 4. Section 14-1006 is revised to read as follows: "Sec. 14-1006. Pollution control measures. * "The responsible party of any construction site within the city 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 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 Development Planning and Construction Activities. "(a) (1) Temporary pollution control measures (during -construction). This paragraph provides examples of temporary pollution control measures that can be used to control erosion and sedimentation. "(1) a. Structural control of soil erosion. "a-1. Silt fences should may be utilized, where necessary, to retain the sediments from disturbed areas within the site and decrease the velocity of sheet flows. [BMP 4.2,1.1 Filter Fabric Fence] "1--22Straw bales should --may 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] "e:-3. 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 SWQMP Ord Cleanup 10012011.docx Page 6 of 11 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:--4. 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 stabilization is accomplished. [BMP 4.2.5 Vegetative Buffer Strips] "e-5_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 Barriers] "(2) b. Waste controls. Waste disposal must be accompanied 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 generates by the construction activities at the site. "(3) c. Dust control. Dust control should be provided at whatever frequency required. "(4)-d. Hazardous material storage. Chemicals, paints, solvents, fertilizers, and other toxic materials must be stored in waterproof containers. Except 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) e_ Concrete trucks. The responsible party may not allow the owner or operator of a concrete truck to wash out or discharge SWQMP Ord Cleanup 10012011.dacx Page 7 of 11 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) ff 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 (a)(1) of this section. If alternative procedures will be used, the responsible party shall include those provisions in its NPDES or TPDES storm water pollution prevention plan, pollution control plan, or the plans submitted for a building permit, if an NPDES or TPDES storm water pollution prevention plan or pollution control plan is not required. "(b) (2) Permanent pollution control measures (post -construction). "(1) a. Permanent stabilization must be applied to all unpaved areas that have reached final grade or those areas that will not be disturbed within the next forty-five (45) days. Permanent stabilization consists of sodding, seeding, or mulching with a seed bearing hay that will provide for new growth within a three-month period. New vegetative ground cover must be maintained by watering, re -grading, reseeding, sodding, as necessary, until seventy (70) per cent growth coverage is obtained. [See Guidance Document BMP 4.2.4.1 Seeding with Mulching] "a-1. Acceptance of improvement by the city can 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---2. Once permanent stabilization has been achieved, the responsible party may notify the director of developmental services that permanent stabilization has been achieved. "e,3. After inspection of the site by a city inspector, the director of developmental services will send the responsible party written confirmation that permanent stabilization has been achieved. SWQMP Ord Cleanup 10012011.docx Page8of11 "(2) b. Erosion control structures must be provided where necessary to control erosive velocities in unlined channels or swales leaving the site. [See Guidance Document BMP 4.1.3.1 Pipe Slope Drain and BMP 4.1.4.1 Paved Flume] "(3) c. 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 developmental 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 Trap] "(il) d. 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] "(c) (3) Scheduling of control measures. Pollution control measures must be implemented in a sequence that will provide maximum storm water pollution control based on the following principles: "(1) as Down slope and side slopes perimeter controls must be installed before land disturbing activity occurs. "(2) b. The responsible party shall not disturb the site until the responsible party is ready for construction to proceed. "(3) c. Efforts to provide cover or stabilize disturbed areas must occur as soon as possible. "(JI) d. Construction of infiltration measures must be delayed until the end of the construction project when upstream drainage areas have been stabilized. "(5) e_ Temporary perimeter controls may not be removed until all upstream areas are finally stabilized. "(d).(4),Inspection of pollution control measures. The responsible party shall inspect all pollution control measures ovcry Seven (7) days every fourteen (14) calendar days and within twenty-four (24) hours following a rainfall of 0.5 inches or greater, at the site;. As an alternative, pollution control measures may be inspected every seven (7) calendar days. The inspections must occur on a specifically defined day, regardless of SWQMP Ord Cleanup 10012011.docx Page 9 of 11 whether or not there has been a rainfall event since the previous inspection. The responsible party shall 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) (5) Maintenance of pollution control measures. "(1) a. The responsible party shall maintain and ensure adequate performance of the temporary pollution control measures until permanent pollution control measures are in place. "(2)-b. 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 removed 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) c. The owner or person in control of site is responsible for the maintenance of any permanent pollutions control measures 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 access to the permanent pollution control measure and to conduct of any required maintenance activities. "(f) (5) Maintenance agreements between a responsible party and city. "(1) a. 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-)-b. The maintenance agreement must be submitted with the engineer's certification of infrastructure completion. The director of developmental services will execute the agreement at the time of acceptance of the public improvement, subject to any terms and conditions set out in the agreement. "(3) c. 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: SWQMP Ord Cleanup 10012011.docx Page 10of11 "a,-1. Such time as either all permanent pollution control measures are in place (stabilization at seventy (70) per cent coverage). "2. A new responsible party has entered into an agreement with the city to assume the prior responsible party's responsibilities under the agreement with the city. "er:--3. 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. "(1) d. 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) e. 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 developmental services. "(6) f. After inspection of the site by a city inspector, the director of developmental services will send the responsible party written conformation confirmation that the responsible party has complied with the agreement and the agreement is terminated." SECTION 5. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 6. 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 of this ordinance be given full force and effect for its purpose. 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. SWQMP Ord Cleanup 10012011.docx Page 11of11 That the foregoing ordina ce was read for the first time and passed to its second reading on this the ` - day of ()Ph, 2011, by the following vote: Joe Adame Chris N. Adler _ Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez 4 Nelda Martinez Mark Scott That thetregoing ordin rice was read for the second time and passed finally on this the .Q day of , 2011, by the following vote: Joe Adame _ Chris N. Adler Larry R. Elizondo, S Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED, this the 45gday of Cth6eA, , 2011. ATTEST: fb)'11"-z91/0-3-Cr— Armando Chapa City Secretary Joe Adaf i� Mayor rr�4� APPROVED: day of ening irst sistant City : orney For City Attorney SWQMP Ord Cleanup 10012011.docx 029265 , 2011: EFFECTIVE DATE L -e SI/ all PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5980674 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Eleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF ORD. NO. 029265 Ame which the annexed is a true copy, was inserted in the Corpus Christi -Caller-Times on the 10/3112011, 10/3112011. $ 88.02 1Time(s) \JI LEGAL SALES REPRESENTIVE On this day of 0000e (-, z-)1,1 I certify that the attached document is a true and an exact copy made by publisher. MICHELLE JOYCE CABRERA MY COMMI9GIKN EXPIRES rch 19, 2012 Notary Public, State of Texas 4E >tzOctober 31 2011)) CALLER -TIMES Legal Notices 1.110 NOTICE OF PASSAGE OF ORD NO.029265" Amending the Art. X,' Chapter. 14, Code ot Ordinances 'City. ot Corpus; -Christi;`: re=: garding storm water quality management plans, pollution-con- trolplans, pollution; conral`::me.,as.ures, and'tsinall - construc-tion site natrces providing for penal- ties;, and providing for publication. This Or- dinance Was rdinance..Was passed and approved on Oct. 25,.2011.' /s/ Aramando Chap • i y Secretary