Water Quality Control Standards.
1. A water quality control must be designed in accordance with the Engineering Criteria Manual, a copy of which is kept for reference at the City office, or any other method approved by the City (see I Innovative Management Practices).
a. The control must provide at least the treatment level to ensure that no increases occur in the respective average annual loadings as described in A Recharge Zone Impervious Cover Limitations and Pollution Prevention Requirements. Approval by the City is required for a proposed water quality control that is not described in the Engineering Criteria Manual. The Applicant must substantiate the pollutant removal efficiency of the proposed control with published literature or a verifiable engineering study.
b. Water quality controls must be placed in sequence if necessary to remove the required amount of pollutant. The sequence of controls must be:
i. Based on the Engineering Criteria Manual or generally accepted engineering principles; and
ii. Designed to minimize maintenance requirements.
c. An impervious liner is required. If controls are located in series, liners are not required for the second or later in the series following sedimentation, extended detention, or sedimentation/filtration.
2. A water quality control must capture, isolate, and treat the water draining to the control from the contributing area. The minimum required capture volume is:
a. The first one-half inch of runoff, or the 2-year storm runoff volume, whichever is greater; and
3. The location of a water quality control:
a. Must avoid recharge features to the greatest extent possible;
b. Must be shown on the slope map, preliminary plan, site plan, or subdivision construction plan, as applicable; and
c. May not be in located in a buffer zone of a critical environmental feature, unless the control is located to maximize overland flow and recharge in the undisturbed remainder of the buffer zone.
Innovative Management Practices. See
§ UDC-4.05.04I for detailed information.
Water Quality Control Maintenance and Inspection.
1. For a commercial or multifamily development, the owner will maintain a required water quality control in accordance with the maintenance standards in the Engineering Criteria Manual. Documentation will be provided by the owner of the facility that ensures that sufficient annual funding exists to properly maintain any water quality controls. The City or its designated representative shall inspect each water quality control at least once a year.
a. If noncompliance is found during an inspection, the City will request in writing that the property owner comply. This notice will describe the measures to be taken. If, within 30 days of notice, the maintenance required is not accomplished, the City may impose fines as established in this ordinance, or bring action in a court of competent jurisdiction to require the property owner to accomplish necessary maintenance. Necessary maintenance is that maintenance needed to bring the facility or improvement into compliance with this chapter or other ordinances, laws or regulations. The City hereby declares that any failure to maintain a water quality control in accordance with City standards is a public nuisance subject to all remedies, legal and equitable, to abate that nuisance.
2. For a single family or duplex residential development, the City will maintain a required water quality control if the water quality control has been accepted by the City. For a water quality control to be accepted by the City, it must meet the requirements of H above.
3. The water quality control shall be designed to minimize maintenance requirements.
4. The subdivider/developer and City shall provide for an extended inspection and maintenance program of all water quality controls as follows:
a. For a commercial or multifamily development, the owner will maintain a required water quality control in accordance with the maintenance standards in the Engineering Criteria Manual. Documentation will be provided by the owner of the facility to ensure that sufficient annual funding exists to properly maintain any water quality controls. The City or its designated representative shall inspect each water quality control at least once in the first year following approval of completion of construction and at least once every three (3) years thereafter. If noncompliance is found during an inspection, the City will request in writing that the property owner comply. This notice will describe the measures to be taken. If, within thirty (30) days of notice, the maintenance required is not accomplished, the City may impose fines or assessments as established in
1.01.05: Violations and Fines, or bring action in a court of competent jurisdiction as provided in Q Civil Remedy to require the property owner to accomplish necessary maintenance. Necessary maintenance is that maintenance needed to bring the facility or improvement into compliance with this chapter or technical manuals referenced herein or other ordinances, laws or regulations.
b. For a single family or duplex residential development, the City will maintain a required water quality control if the water quality control has been accepted by the City. The subdivider/developer shall make an estimation of the cost to conduct periodic inspections and maintenance of water quality controls, including one (1) year after the City's acceptance of completion of construction and every three (3) years thereafter for a total period of at least sixteen (16) years. The City shall have authority to review and approve the estimated costs. The subdivider/developer shall make a contribution for the full estimated cost of inspection and maintenance to the City prior to the City's approval of a final plat or issuance of a site plan.
5. The City hereby declares that any failure to maintain a water quality control in accordance with City standards is a public nuisance subject to all remedies, legal and equitable, to abate that nuisance.
K. Additional Erosion and Sedimentation Control Requirements in the Recharge Zone. See
§ UDC-4.05.04K for detailed information.
L. Stop Work Order. See
§ UDC-4.05.04L for details about this order.
M. Appeal of a Stop Work Order. See
§ UDC-4.05.04M for details.
N. Transfer of Development Intensity. See
§ UDC-4.05.04N for detailed information.
O. Waiver of Water Quality Regulations.
1. The City Council may grant a waiver from the terms of this section only if an Applicant requests in writing and the City Council finds that, because of special circumstances applicable to the property involved, a strict application deprives the property of privileges or safety enjoyed by other similarly situated property with similarly timed development.
a. Where these conditions are found, the waiver permitted shall be the minimum departure from the terms of this article necessary to avoid deprivation of privileges enjoyed by other property and to facilitate a reasonable use and which will not create significant probabilities of harmful environmental consequences.
2. The City Council may not grant a waiver if it would provide the Applicant with any special privileges not enjoyed by other similarly situated properties with similarly timed development or if based on a special or unique condition which was created as a result of the method by which a person voluntarily subdivides land after the effective date of the ordinance from which this article derives.
3. Following recommendations from the City Engineer, Director of Planning, and the Planning and Zoning Commission, the City Council shall prepare written findings of fact justifying its grant or denial of a waiver under this section.
P. Application to Existing Tracts and Platted Lots.
1. These regulations do not apply to development on a single platted lot or a single tract of land that is not required to be platted before development if the lot or tract existed on and the development is either:
a. Construction, renovation, additions to, repair, or development of a single family, single family attached, or a duplex structure used exclusively for residential purposes, and construction of improvements incidental to that residential use; or
b. There will be no more than 8,000 square feet of impervious cover, provided that the total impervious cover on the tract is less than 20% of the net site area.
Q. Civil Remedy. In the event any provision of these regulations is violated within the limits of the City, or outside the corporate lines but within the area of its extraterritorial jurisdiction, the City may institute any appropriate action or proceedings in district court or another court of competent jurisdiction to restrain and enjoin the violation of this ordinance.
R. Conflict with Other Laws and Ordinances.
1. These regulations are not intended to conflict with the United States Constitution or the Texas Constitution or to be inconsistent with federal or state statutes that may preempt a municipal ordinance.
2. The terms of these regulations shall be applied consistently and uniformly. If a three-quarters majority of the City Council concludes, or a court of competent jurisdiction renders a final judgment concluding that this ordinance, as applied to a specific development project or proposal violates a law described in 1 above, the City Council may, after a public hearing, adjust the application of this ordinance to that project to the minimum extent required to comply with the conflicting law. Any adjustment shall be structured to provide the maximum protection of water quality.
3. These regulations are intended to be cumulative of other City ordinances. In case of irreconcilable conflict in the application to a specific development proposal between a provision of this ordinance and any other ordinance, the provision that provides stronger water quality controls on development shall govern.
