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O505ORDINANCE NO. 505 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AMENDING THE KENNEDALE CITY CODE OF ORDINANCES, AS AMENDED, BY AMENDING CHAPTER 17 TO ADD A NEW ARTICLE IX "POST CONSTRUCTION RUNOFF CONTROL"; REQUIRING A POST - CONSTRUCTION STORMWATER QUALITY MANAGEMENT PLAN FOR CERTAIN DEVELOPMENT AND REDEVELOPMENT; PROVIDING FOR PERMIT STANDARDS AND REQUIREMENTS; PROVIDING FOR INSPECTION AND ENFORCEMENT OF THE PLAN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVING CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale ( "City ") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, it has been determined that development and redevelopment alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, non -point source pollution, and sediment transport and deposition, as well as reduce groundwater recharge; WHEREAS, changes in stormwater runoff contribute to increased quantities of waterborne pollutants and alterations in hydrology which may be harmful to public health and safety as well as to the natural environment; WHEREAS, these effects can be managed and minimized by applying proper design and well planned controls to manage stormwater runoff from development sites; WHEREAS, the City desires to promote the public welfare by establishing minimum requirements and procedures via ordinance to control the adverse effects of increased post- construction stormwater runoff and non -point source pollution associated with new development and redevelopment; and WHEREAS, pursuant to the Texas Pollutant Discharge Elimination System (TPDES) as regulated by the Texas Commission on Environmental Quality, the City is required to adhere to the Municipal Separate Storm Sewer System (MS4) permit regulating municipal stormwater systems. 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Chapter 17 "Planning and Development" of the Kennedale City Code of Ordinances is hereby amended by adding a new Article IX, "Post Construction Runoff Control' to read as follows: ARTICLE IX - POST - CONSTRUCTION RUNOFF CONTROL Sec. 17 -614. Findings of Fact. (a) It is hereby determined that (1) Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase storm water runoff rates and volumes flooding stream channel erosion and sediment transport and deposition. (2) Storm water runoff contributes to increased quantities of water borne pollutants. (3) Storm water runoff soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of storm water runoff from development sites. (b) The City establishes this set of water quality and quantity policies applicable to all surface waters in the City to provide reasonable guidance for the regulation of storm water runoff for the purpose of protecting local water resources from degradation. (c) It is determined that the regulation of storm water runoff discharges from land development projects and other construction activities in order to control and minimize increases in storm water runoff rates and volumes soil erosion, stream channel erosion, and nonpoint source pollution associated with storm water runoff is in the public interest and will prevent threats to public health and safety. Sec. 17 -615. Purpose. The purpose of this division is to establish minimum storm water management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within the City. This division seeks to meet that purpose through the following objectives: FA (a) To minimize increases in storm water runoff from any development or redevelopment in order to reduce flooding, siltation and streambank 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; (d) To employ permanent nonstructural and structural best management practices (BMPs) to protect water quality thereby raising public awareness to storm water quality related issues; (e) To remove and /or treat storm water pollutants prior to discharge to ground and surface waters throughout the City; (f) To ensure the long -term operation and maintenance of all permanent storm water quality features; and (g) To reduce storm water runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, to the waters of the state through storm water management controls and to ensure that these management controls are properly maintained and pose no threat to the public. Sec. 17 -616. 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 City Manager or his designee. Sec. 17 -617. 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 in the form of a drainage design manual. (b) The drainage design manual may be amended from time to time based on improvements in engineering, science, monitoring and local maintenance experience. Storm water treatment practices that are designed and constructed in accordance with these design criteria will be presumed to meet the minimum water quality performance standards. Sec. 17 -618. 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 first satisfying the requirements of this division prior to commencement of the proposed activity. Sec. 17 -619. General Criteria for Post Construction Runoff Control. (a) All applicable land development sites shall be designed according to the specific performance criteria outlined in the City Public Works design manual or in conformance with the regional ISWM manual (b) Prior to design applicants are required to consult with the Public Works Department to determine if they are subject to additional post- construction storm water design requirements Sec. 17 -620. Minimum Control Requirements. All storm water management practices shall be designed so that the specific storm frequency storage volumes (e.g., water quality, channel protection, ten -year, one hundred -year) as identified in the current drainage design manual are met unless the City Manager or his designee 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 requirements, the City Manager or his designee may impose any additional requirements deemed necessary to control the volume, timing, and rate of runoff. Sec. 17 -621. Site Design Feasibility. Storm water 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 drainage design manual for guidance on the factors that determine site design feasibility when selecting a storm water management practice. S Sec. 17 -622. Conveyance Issues. All storm water management practices shall be designed to convey storm water and allow for maximum removal of pollutants and reduction in flow velocities, which shall include, but are not be 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. Sec. 17 -623. Maintenance Agreements. All storm water 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 storm water practices, and to perform routine maintenance as necessary to ensure proper functioning of the storm water practice. Sec. 17 -624. Structural Storm Water Practices. 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) Storm water ponds; (g) Porous surfaces and; (h) Re -use (rain harvesting, etc.). Sec. 17 -625. Use of Other or New Storm Water 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 storm water 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. 5 Sec. 17 -626. Landscaping and Stabilization Requirements. (a) Any area of land from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities shall be revegetated within ten (10) calendar days from substantial completion of such clearing and construction. The following criteria shall apply to revegetation efforts: (1) Reseeding must be done with a perennial, non - winter season cover crop accompanied by placement of matting or its equivalent of sufficient coverage to control erosion until such time as 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 revegetation must exhibit survival of a minimum of seventy (70) percent of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum seventy (70) percent survival for one (1) year is achieved. (b) Upon instruction from the City Manager or his designee, 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 City Manager or his designee prior to land disturbing activities. Sec. 17 -627. Privately Owned Erosion Control Requirements. (a) Storm water system responsible party. (1) For privately -owned storm water 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 storm water drainage systems and /or water quality devices serving that residential or commercial area until the developer or owner no longer has an ownership interest in any property served by the storm water drainage system and /or water quality device. 5 (2) Once a homeowners' association (HOA) is organized and becomes active for a residential area served by a storm water drainage system and /or water quality device, the homeowners' association shall be responsible for the maintenance and repair of the storm water drainage system and /or water quality device. In the event there is no active homeowners' association or the homeowners' association fails to maintain the privately -owned storm water drainage system and /or water quality device, then the City may, but is not required, to maintain and repair the system and /or device. (3) Maintenance of a storm drainage system and or water quality device shall include such items but not be limited to: a. Mowing of tall weeds and grass; b. Regular and routine removal of floatables and debris; c. Dredging of silt and removal off -site; d. Correcting failures of inlet or outlet control structures; e. Implementation of erosion mitigation measures; f. Repair and maintenance of aeration equipment; and g. Maintaining optimal operation of underground and above ground detention. (b) Disclosure of HOA information to the MS4. (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: a. Name of subdivision and homeowners' association; b. Name, address, telephone number and email address of any management company involved with activities related to the HOA (if applicable); c. Name, address, telephone number and email address of a direct contact person representing or authorized to act on behalf of the HOA; d. Date of formation of the HOA; e. Current listing of storm water drainage structures and /or water quality devices over which the homeowner's association has control; and f. 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 City planning department. (3) The HOA is required to annually contact with the City planning department to ensure that all information is up to date. 7 (c) Authorization to inspect, adopt and impose best management practices. (1) The City has the authority to conduct storm water 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. 17 -628. Failure to Maintain Practices. (a) In the event that a storm water management facility, storm water drainage system and /or water quality device is deemed by the City to be in need of maintenance or repair or is determined a danger to public safety or public health, the City shall notify the responsible party in writing for maintenance of the storm water management facility. The responsible person shall have thirty (30) days after receipt of notice to effect maintenance and repair of the facility in an approved manner. (b) If a responsible party fails or refuses to meet the storm water facility maintenance requirements of this article, the City Manager or his designee, 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. Sec. 17 -629. Reserved. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Kennedale, Texas as amended except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of 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 5. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of Chapter 17 of the Code of Ordinances of the City of Kennedale as amended, or any other ordinances regarding the regulation of construction activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the city of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective date clause of this ordinance as provided by Section 3.10 of the Charter of the city of Kennedale. SECTION 7. 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. 6 ATTEST: City Secretary `ot %1111i10 1i , APPROVED AS TO FORM AND LEGALITY: ��.�JOFKENFp � V • �i i 9 7� City Attorney, Wayne K .Olson ' �'��'9 •• '' ••••••• ' Its W0 10 INVOICE Star-Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF KENNEDALE 405 MUNICIPAL DR KENNEDALE, TX 76060-2249 Ordinance Misc Fee THE STATE C County of Tart Before me, a r the Star-Teleg that the attach (817) 215-232 SUBSCRIBED Customer ID: CIT33 Invoice Number: 321727291 Invoice Date: 6/24/2012 Terms: Net due in 21 days Due Date: 6/30/2012 PO Number: Order Number: 32172729 Sales Rep: 073 Description: Ordinance 505 of the Publication Dates: 6/17/2012 - 6/24/2012 ',mag Wit §R 13580 1 51 51 LINE $7.24 $738.48 $10.00 Net Amount: $748.48 HO Pua Z co o . 4 rE 0'F 07 - 3' _- 0 and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for i, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM Sign THIS ' Nota Thank You For Your Payment ------------------------------------------------------ Remit To: Star-Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: CIT33 Customer Name: CITY OF KENNEDALE Invoice Number: 321727291 Invoice Amount: $748.48 PO Number: Amount Enclosed: "r,