ORD 2005-04TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-04
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ADOPTING PROVISIONS TO SAFEGUARD PERSONS,
PROTECT PROPERTY AND PREVENT DAMAGE TO THE
ENVIRONMENT IN THE TOWN BY REGULATING ACTIVITIES
THAT MAY CONTAMINATE STORM WATER RUNOFF;
PROVIDING FOR THE INCORPORATION OF PREMISES;
ADOPTING GENERAL PROVISIONS; PROVIDING
DEFINITIONS; PRESCRIBING CRITERIA FOR CONDUCT AND
AFFIRMATIVE DEFENSES; PROVIDING CRITERIA FOR
DEFINING NUISANCES; PROVIDING REGULATIONS FOR
RUNOFF FROM CONSTRUCTION ACTIVITY; PRESCRIBING
CRITERIA FOR AN EROSION CONTROL DEPOSIT ACCOUNT;
ESTABLISHING CRITERIA FOR THE MAINTENANCE AND
REPAIR OF STORM WATER FACILITIES; PROVIDING FOR
ADMINISTRATION AND ENFORCEMENT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHERE, the Town of Trophy Club is a home rule municipality acting under
its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Texas Local Government Code; and
WHEREAS, the Town Council finds that it is necessary to adopt regulations to
safeguard persons, protect property and prevent damage to the environment in the Town
by regulating activities that may contaminate storm water runoff; and
WHEREAS, the passage of this Ordinance serves the purpose of providing for
the health, safety, and general welfare of the citizens through the regulation of non -storm
water discharges to the storm drainage facility to the maximum extent practicable under
Federal and State law: and
WHEREAS, in furtherance of the goal to protect the safety of the public, this
Ordinance establishes methods for controlling the introduction of pollutants into the
municipal separate storm sewer facility in order to comply with the requirements of the
Texas Pollutant Discharge Elimination System (TPDES) permit process; and
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WHEREAS, the objectives of this Ordinance are to regulate the contribution of
pollutants to the municipal separate storm sewer system by storm water discharges by
any user; to prohibit Illicit Connections and Discharges to the municipal separate storm
sewer system; and to establish legal authority to cagy out all inspection, surveillance and
monitoring of compliance with the regulations contained in this Ordinance as well as
with federal and state laws and regulations; and
WHEREAS, the Town Council has determined that it is in the best interests of the
health, safety, and welfare of the citizens and residents of the Town of Trophy Club to
provide for the regulation of the Town's storm water system.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
GENERAL. PROVISIONS
A. Purpose
The purpose of this Ordinance is to safeguard persons, protect property, and
prevent damage to the environment in the Town by regulating activities that may
contaminate storm water runoff. This Ordinance is intended to promote the public
welfare by guiding, regulating, and controlling the design, construction, use, and
maintenance of any development or other activity that disturbs or breaks the
topsoil or results in the movement of earth on land in the Town.
This Ordinance is also intended to provide for the health, safety, and general
welfare of the citizens of the Town through the regulation of non -storm water
discharges to the storm drainage system to the maximum extent practicable as
required by Federal and State law. This Ordinance establishes methods for
controlling the introduction of pollutants into the municipal separate storm sewer
system (MS4) in order to comply with requirements of the Texas Pollutant
Discharge Elimination System (TPDES) permit process. The objectives of this
Ordinance are:
1. To manage storm water runoff from any development in order to reduce
siltation, increases in stream temperature, streambank erosion, and
maintain the integrity of stream channels;
3. Minimize increases in nonpoint source pollution caused by storm water
runoff from development that would otherwise degrade local water
quality;
3. Reduce soil erosion and nonpoint source pollution, wherever possible,
through storm water management controls and to ensure that these
management controls are properly maintained and pose no threat to public
safety;
4. To regulate the contribution of pollutants to the municipal separate storm
sewer system (MS4) by storm water discharges by any user;
5. To prohibit illicit connections and discharges to the municipal separate
storm sewer system;
6. To establish legal authority to carry out inspection, surveillance and
monitoring procedures necessary to ensure compliance with this
Ordinance.
B. Applicability
This Ordinance shall apply to all areas of land within the incorporated limits and
extraterritorial jurisdiction of the Town. This Ordinance shall apply to all water
entering the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by the Town.
C. Disclaimer of Liability
The erosion protection required by this Ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations.
This Ordinance does not imply that erosion controls will survive inundation by
runoff from storms greater than the design flood for erosion controls. This
Ordinance shall not create liability on the part of the Town, or any officer,
employee, agent, or representative of the Town for any erosion or related damages
that result from reliance on this Ordinance, State or Federal law or regulation, or
any administrative decision lawfully made pursuant hereto or pursuant to such
State or Federal law or regulation.
D. Scope
Except where a waiver is granted; any person, firm, sole proprietorship,
partnership, corporation, state agency, or political subdivision proposing a land -
disturbing activity within the Town shall apply to the Town for the approval of
the storm water pollution control plan and/or an erosion control plan, as
applicable. No land shall be disturbed until the plan is approved by the Town and
conforms to the standards set forth herein.
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SECTION 3.
DEFINITIONS
Unless a provision explicitly states otherwise, the following terms and phrases, as used in
this Ordinance, shall have the meanings hereinafter designated.
Appeal: A request for review or interpretation of any provision of this Ordinance or a
request for a waiver.
Applicant: Any firm, entity, partnership, company, public utility company or
individuals, who plan to clear, grub, fill, excavate, grade or otherwise remove the
vegetative cover of land, or who plan to either subdivide land and install the appropriate
infrastructure or renovate existing structures, shall become applicants for a development
permit upon submission of the appropriate application materials.
Belowground installations: Activity that causes excess sediment -laden water, concrete
sawing wash water, wash water or drilling mud pumped from an excavation or structure
and shall be treated as sediment -laden runoff for erosion control purposes.
Best Management Practices (BMPs): Schedules of activities, prohibition of practices,
maintenance procedures, and other management practices to prevent or reduce the
pollution of the municipal separate storm sewer system (MS4) and water of the United
States. BMPs also include treatment requirements, operating procedures, and practices to
control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
material storage.
Builder: A person, partnership or corporation engaged in clearing, grubbing, filling,
excavating, grading, constructing a pad, installing service utility lines and/or constructing
or placing a building(s) or other structure(s) on a lot or other type of tract of land that is
owned by a third party or by the person, partnership or corporation, and that will not be
further subdivided into other lots.
Building: Any structure, either temporary or permanent, having walls and a roof,
designed for the shelter of any person, animal, or property.
Cellar Dirt: Construction site waste materials, such as natural rock and soil overburden.
CFR: Code of Federal Regulations.
Channel: A natural or artificial stream with a definite bed and banks that conveys
continuously or periodically flowing water. Channels are often further classified by their
size and purpose. For example, there are primary and secondary channels based on size,
but diversions, waterways and chutes are also channels.
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Channel Improvement: The improvement of the flow characteristics of a channel by
clearing, excavating, realigning, lining or other means in order to increase its capacity.
The term is sometimes used to mean channel stabilization.
Channel Stabilization: Erosion prevention and stabilization of velocity distribution in a
channel using jetties, drops, revetments, vegetation and other measures.
Check Dam: A small dam constructed in a gully or other small watercourse to decrease
the stream flow velocity, minimize channel scour and promote deposition of sediment.
Clean Water Act: The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
and any subsequent amendments thereto.
Clearing: Any activity that removes the vegetative surface cover.
Conduit: Any closed device for conveying flowing water.
Construction Activity: Activities subject to NPDES or TPDES Construction Permits
including but not limited to construction projects resulting in land disturbance of five
thousand square feet or more. Such activities also include but are not limited to clearing
and grubbing, grading, excavating, and demolition.
Contaminated: Containing a harmful quantity of any substance.
Contamination: The presence of or entry into a public water supply system, the MS4,
waters of the state, or waters of the United States of any substance that may be
deleterious to the public health and/or the quality of the water.
Cosmetic Cleaning: Cleaning done for cosmetic purposes. It does not include industrial
cleaning, cleaning associated with manufacturing activities, hazardous or toxic waste
cleaning, or any cleaning otherwise regulated under federal, state, or local laws.
Cover, Vegetative: All plants of all sizes and species found on an area, irrespective of
whether they have forage or other value, but especially used to refer to vegetation
producing a mat on or immediately above the soil surface. Temporary vegetative cover
refers to the use of annual plants for the cover, while permanent vegetative cover refers to
the use of perennial plants.
Dedication: The deliberate appropriation of property by its owner for general public use.
Designated Official: Employee, agent, or representative of the town of Trophy Club
designated by the town Council and Town Manager for administration and enforcement
of this Ordinance.
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Detention Facility: A detention basin or alternative structure designed for the purpose of
temporary storage of stream flow or surface runoff and gradual release of stored water at
controlled rates.
Developer: A person, partnership, corporation or other entity who owns a tract of land
and who is engaged in clearing, grubbing, filling, mining, excavating, grading, installing
streets and utilities to be dedicated to or accepted by the Town and/or otherwise preparing
that tract of land for the eventual division of the tract into one or more lots on which
building(s) or other structure(s) will be constructed or placed.
Development: Any manmade change to improved or unimproved real estate, including,
but not limited to, adding buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, grading, clearing or removing the vegetative
cover.
Discharge: Any addition or introduction of any pollutant, storm water, or any other
substance whatsoever into the municipal separate storm sewer system (MS4) or into
waters of the United States.
Discharger: Any person or entity who causes, allows, permits, or is otherwise
responsible for, a discharge, including, without limitation, any operator of a construction
site.
Disturbance: Any operation or activity, such as cleating, grubbing, filling, excavating,
mining, cutting, grading, or removing channel linings, which results in the removal or
destruction of the protective cover of soil, including vegetative cover, channel linings,
retaining walls, and slope protection.
Disturbed Areas: Any area or tract of land in which a disturbance is occurring or has
occurred but that has not been stabilized.
Drainage Easement: A legal right granted by a landowner to a grantee allowing the use
of private land for storm water management purposes.
Drainage Way: Any channel that conveys surface runoff throughout the site.
Environmental Protection Agency or EPA: The United States Environmental
Protection Agency, or any duly authorized official of such agency.
Erosion: The wearing away of land by action of wind and water.
Erosion Control: Refers to methods employed to prevent erosion, to include soil
stabilization practices, horizontal slope grading, temporary or permanent cover, and
construction phasing.
Facility: Any facility, including construction sites, required by the Federal Clean Water
Act to have a permit to discharge storm water associated with construction activity.
Final Approval: Completion of a project, site or building in accordance with Town of
Trophy Club requirements and ordinances. In the case of a building, the point at which a
permanent certificate of occupancy is issued.
Fire Code: The "Fire Prevention and Protection" Ordinances as adopted by the Town.
Fire Department: Fire Services Division of the Department of Public Safety for Town
of Trophy Club, or any duly authorized representative thereof.
Fire Protection Water: Any water, and any substances or materials contained therein,
used by any person other than the Fire Department to control or extinguish a fire.
Gabion: A galvanized wire basket filled with stone for structural purposes. When
fastened together, they may be used as retaining walls, revetments, slope protection and
similar structures.
Grading: Any stripping, cutting, excavation, filling, stockpiling of material or
combination thereof that modifies the existing land surface contour.
Grass: Any member of the botanical family Gramineae; herbaceous plants with bladelike
leaves arranged in two ranks on a round to flattened stem. Common examples are fescue,
Bermuda grass and Bahia grass. The term "grass" is sometimes used to indicate a
combination of grass and legumes grown for forage or turf purposes.
Harmful Quantity: The amount of any substance that will cause pollution of waters in
the state, waters of the United States, or that will cause lethal or sub -lethal adverse effects
on representatives, sensitive aquatic monitoring organisms belonging to the Town, upon
their exposure to samples of any discharge into waters in the state, waters of the United
States, or the MS4.
Hazardous Materials: Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present or potential
hazard to human health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Hotspot: An area where land use or activities generate highly contaminated runoff, with
concentrations of pollutants in excess of those typically found in storm water.
Illegal Discharge: Any direct or indirect non -storm water discharge to the storm drain
system, except as exempted by this Ordinance.
Illicit Connections: Either of the following:
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1. Any drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the storm drain system including but
not limited to any conveyances which allow any non -storm water
discharge including sewage, process wastewater, and wash water to enter
the storm drain system and any connections to the storm drain system
from indoor drains and sinks, regardless of whether such drain or
connection had been previously allowed, permitted, or approved by an
Designated Official; or
2. Any drain or conveyance connected from a commercial or industrial land
use to the storm drain system which has not been documented in plans,
maps, or equivalent records and approved by an Designated Official.
Impervious Cover: Those surfaces that cannot effectively infiltrate rainfall (e.g.,
building rooftops, pavement, sidewalks, driveways, etc.).
Infiltration: The process of percolating storm water into the subsoil.
Land -Disturbing Activity: Any activity, including but not limited to excavation,
planting, tilling, grading, digging, cutting, scraping, or excavating of soil, placement of
fill materials, paving, construction, substantial removal of vegetation, or any activity
which bares soil or rock or involves the diversion or piping of any natural or man-made
watercourse, which disturbs the natural or improved vegetative ground cover so as to
expose soil to the erosive forces of rain, storm water runoff or wind. All installations and
maintenance of franchise utilities such as telephone, gas, electric, etc., shall be considered
land -disturbing activities.
Landowner: The legal or beneficial owner of land, including those holding the right to
purchase or lease the land, or any other person holding proprietary rights in the land.
Mulching: The application of plant or other suitable materials on the soil surface to
conserve moisture, reduce erosion and aid in establishing plant cover.
Municipal Separate Storm Sewer System (MS4): The system of conveyances
(including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, inlets, piped storm drains, pumping facilities,
retention and detention basins, natural and human -made or altered drainage channels,
reservoirs, and other drainage structures or storm drains) owned and operated by the
Town and designed or used for collecting or conveying storm water, and which is not
used for collecting or conveying sewage.
National Pollutant Discharge Elimination System (NPDES): The national program for
issuing, modifying, revolting and reissuing, terminating, monitoring and enforcing
permits, and imposing and enforcing pretreatment requirements, under Sections 307, 402,
318, and 405 of the Federal Clean Water Act, as amended.
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Non -Point Source Pollution: Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be limited to, pollutants
from agricultural, mining, construction, subsurface disposal and urban runoff sources.
Non -Storm Water Discharge: Any discharge to the storm drain system that is not
composed entirely of storm water.
Notice Of Intent or NOL• The notice of intent that is required by the TPDES Stone
Water Multi -Section general permit, the EPA Region 6 TPDES Storm Water
Construction general permit.
NPDES: The National Pollutant Discharge Elimination System.
NPDES Permit: A permit issued by EPA (or by the state under authority delegated
pursuant to 33 USC § 1342(6)), as amended, that authorizes the discharge of pollutants to
waters of the United States, whether the permit is applicable on an individual, group, or
general area -wide basis.
Off -Site Borrow Area: A source of earth fill material used in the construction of
embankments or other earth fill structures that is located on another parcel of property
other than where the principal construction is occurring.
Off -Site Facility: A storm water management measure located outside the subject
property boundary described in the permit application for land development activity.
Off -Site Sedimentation: Deposit of soil material beyond the limits of the property
undergoing land -disturbing activity or in town streets, alleys or drainage facilities in an
amount sufficient to constitute a threat to public safety and comfort.
Off -Site Spoil Area: An area on another parcel of property, other than where the
principal construction is occurring, where excess earth, rock or construction material is
disposed of.
On -Site Facility: A storm water management measure located within the subject
property boundary described in the permit application for land development activity.
Operate: Drive, conduct, work, run, manage, or control.
Operator: The person or persons that either individually or taken together meet the
following two criteria: (1) they have operational control over the site specifications
(including the ability to make or authorize modifications in specifications); and (2) they
have the day-to-day operational control of those activities at the site necessary to ensure
compliance with SWPPP requirements and any permit conditions. This term includes but
is not limited to Landowners, Developers, and Builders who have control or oversight.
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As used herein the term "control' shall include without limitation, actual control over
details of the work, oversight, or payment responsibility for the work being performed.
Perimeter Control: A barrier that prevents sediment from leaving a site by filtering
sediment -laden runoff or diverting it to a sediment trap or basin.
Permanent Erosion Controls: Stabilization of erosive or sediment -producing areas by
the use of means or techniques that will provide protection against erosion losses for an
indefinite time period.
Permanent Erosion Control Devices: Devices or practices installed prior to Final
Approval and maintained after Final Approval to prevent or minimize the erosion and
deposit of soil materials. Such devices may include, but shall not be limited to, permanent
seeding, sod, storm drain channels, channel linings, storm drain pipes, outlet velocity
control structures and storm water detention structures.
Permanent Ground Cover: Permanent vegetative cover on all bare soil areas of a
property not covered by a permanent structure or landscaping improvements, including
but not limited to, live sod, perennial grasses or other materials which lessen runoff and
soil erosion on the property.
Person: Any individual, partnership, co -partnership, firm, company, corporation,
association, Joint Stock Company, trust, estate, governmental entity, or any other legal
entity; or their legal representatives, agents, licensees, lessees, assigns, or employees and
includes but is not limited to landowners, builders, and developers, as further defined in
this Ordinance. This definition also includes all Federal, State, and local governmental
entities and their respective employees, agents, officers, and representatives.
pH: The logarithm to the base 10 of the reciprocal of the concentration in grams per liter
of hydrogen ions; a measure of the acidity or alkalinity of a solution, expressed in
standard units.
Phased occupancy: Use or inhabitation of a single structure or other portion of a project
as such structure or portion thereof is completed, but before the project as a whole is fully
completed and finally approved.
Phasing: Clearing a parcel of land in distinct phases, with stabilization of each phase
completed before the clearing of the next phase.
Point Source: Any discernible, confined, and discrete conveyance, including but not
limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container,
rolling stock, concentrated animal feeding operation, landfill leachate collection system,
vessel or other floating craft from which pollutants are or may be discharged. This term
does not include return flows from irrigated agriculture or agricultural storm water
runoff.
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Pollutant: Anything that causes or contributes to pollution. Pollutants may include, but
are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-
hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or
other discarded or abandoned objects and accumulations, so that same may cause or
contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous
substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate
metals; animal wastes; dredged spoil; incinerator residue; sewage sludge; filter backwash;
munitions; chemical wastes; biological materials; toxic materials; radioactive materials;
heat; wrecked or discarded equipment; rock; sand; cellar dirt; and industrial, municipal,
recreational, and agricultural waste discharged into water or into the municipal separate
storm sewer system; wastes and residues that result from constructing a building or
structure; and noxious or offensive matter of any kind.
Pollution: The alteration of the physical, thermal, chemical, or biological quality of, or
the contamination, of, any water of the state or water of the United States, that renders the
water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or
to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment
of the water for any lawful or reasonable purpose.
Premises: Any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
Related Land Area: Includes the property where the principal land disturbing activity is
taking place, all adjacent property, off-site borrow areas, off-site spoil areas, off-site
properties necessary for required utility extensions, and off-site areas for required street
improvements.
Release: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing into ground -water, subsurface soils,
surface soils, the municipal separate storm sewer system (MS4), the waters of the state,
or the waters of the United States.
Responsible Party: A business entity, franchised utility company, developer,
Landowner, Builder, contractor or holder of a building permit who is required to comply
with the terms of this Ordinance.
Riprap: Broken rock, cobbles or boulders placed on earth surfaces, such as the face of a
dam or the bank of a stream, for protection against the action of water.
Runoff: That portion of the precipitation that makes its way toward stream channels or
lakes as surface or subsurface flow. When the term "runoff" is used alone, surface runoff
usually is implied.
Sediment: Solid soil material, both mineral and organic, that is being moved or has been
moved from its original site by wind, gravity, flowing water or ice. Also sometimes
referred to as "silt' or "sand."
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Sediment Control: Measures that prevent eroded sediment from leaving the site.
Site: A parcel of land or a contiguous combination thereof, where grading work is
performed as a single unified operation.
Soil: The unconsolidated mineral and organic material on the immediate surface of the
earth that serves as a natural medium for the growth of plants.
Stabilization: The use of practices that prevent exposed soil from eroding.
Stabilized: To be protected from possible erosion losses, usually by the use of vegetative
cover.
Staging Area: An on-site or off-site location used by a contractor to store materials for a
project, to assemble portions of equipment or structures, to store equipment or
machinery, to park vehicles, or for other construction related uses.
Start of Construction: The first land -disturbing activity associated with a development,
including but not limited to land preparation such as clearing, grading, and filling;
installation of streets and walkways; excavation for basements, footings, piers, or
foundations; erection of temporary forms; and installation of accessory buildings such as
garages.
State: State of Texas.
Stop Work Order: The suspension of all Town permits with no approvals or inspections
of work for the site or project being performed and requiring that all construction activity
on a site be stopped.
Storm Drainage System: See municipal separate storm water system.
Storm Water: Any surface flow, runoff, and drainage consisting entirely of water from
any form of natural precipitation, and resulting from such precipitation.
Storm Water Discharge Permit: A permit issued by EPA (or by a state under authority
delegated pursuant to 33 USC § 1342(b)), as amended, that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable on an
individual, group, or general area -wide basis.
Storm Water Management: The use of structural or non-structural practices that are
designed to reduce storm water runoff pollutant loads, discharge volumes, peak flow
discharge rates and detrimental changes in stream temperature that affect water quality
and habitat.
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Storm Water Pollution Prevention Plan (SWPPP or SWP3): A plan to describe a
process whereby a facility thoroughly evaluates potential pollutant sources at a site and
selects and implements appropriate measures designed to prevent or control the discharge
of pollutants in storm water runoff. A comprehensive program to manage the quality of
storm water discharged to a municipal separate storm sewer system.
Storm Water Runoff: Flow on the surface of the ground, resulting from precipitation.
Storm Water Treatment Practices (STPs): Measures, either structural or nonstructural,
that are determined to be the most effective, practical means of preventing or reducing
point source or nonpoint source pollution inputs to storm water runoff and water bodies.
Temporary Erosion Protection: The stabilization of erosive or sediment -producing
areas for a specific time period, usually during a construction job.
Texas Commission on Environmental Quality (TCEQ): The Texas Commission on
Environmental Quality, or any duly authorized official of such agency.
Texas Pollutant Discharge Elimination System-TPDES: The program delegated to the
state of Texas by the EPA pursuant to 33 USC § 1342(b), as amended.
Town: Town of Trophy Club, Texas.
Uncontaminated: Not containing a harmful quantity of any substance.
USC: United States Code, as amended.
Violation: The failure of a site or development to be fully compliant with this Ordinance,
state or federal law, or local, state, or federal regulation.
Waiver: A grant of relief to a person from the requirements of this Ordinance when
specific enforcement would result in unnecessary hardship. A waiver, therefore, permits
construction or development in a manner otherwise prohibited by this Ordinance.
Wastewater: Any water or other liquid, other than uncontaminated storm water,
discharged from a facility.
Water in the State: Ground -water, percolating or otherwise, lakes, bays, ponds,
impounding reservoirs, springs, rivers, streams, creeks, wetlands, marshes, inlets, canals
inside the territorial limits of the state, and all other bodies of surface water, natural or
artificial, navigable or non -navigable, and including the bed and banks of all
watercourses and bodies of surface water that are wholly or partially inside or bordering
the state or inside the jurisdiction of the state.
Waters of the United States: All waters which are currently used, were used in the past,
or may be susceptible to use in interstate or foreign commerce; all interstate waters,
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including interstate wetlands; all other waters the use, degradation, or destruction of
which would affect or could affect interstate wetlands; all other waters the use,
degradation, or destruction of which would affect or could affect interstate or foreign
commerce; all impoundments of waters otherwise defined as waters of the United States
under this definition; all tributaries of waters identified in this definition; all wetlands
adjacent to waters identified in this definition; and any waters within the federal
definition of "waters of the United States" at 40 CFR § 122.2, as amended; but not
including any waste treatment systems, treatment ponds, or lagoons designed to meet the
requirements of the federal Clean Water Act.
Watercourse: Any permanent or intermittent stream or other body of water, either
natural or manmade, which gathers or carries surface water any body of water, including,
but not limited to lakes, ponds, rivers, streams, and/or bodies of water that may be
delineated by the Town of Trophy Club.
Waterway: A channel that directs surface runoff to a watercourse or to the public storm
drain.
Wetland: An area that is inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances does support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.
SECTION 4.
CONDUCT AND AFFIRMATIVE DEFENSES — PROHIBITED
A. Discharge to MS4 Prohibited
1. A person commits an offense if the person introduces or causes to be
introduced into the MS4 any discharge that is not composed entirely of
storm water in violation of this ordinance or other applicable law. No
person shall discharge or cause to be discharged into the municipal storm
drain system or watercourses any materials, including but not limited to
pollutants or waters containing any pollutants that cause or contribute to a
violation of applicable water quality standards, other than storm water.
2. A person commits an offense if the Person introduces or causes to be
introduced into the MS4 any harmful quantity of any substance. The
commencement, conduct, or continuance of any illegal discharge to the
storm drain system is prohibited.
B. Affirmative Defense
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1. It is an affirmative defense to any enforcement action for a violation of
subsection (a) that the discharge was composed entirely of one or more of
the following categories of discharges:
a. A discharge authorized by, and in full compliance with, a TPDES
permit (other than the TPDES permit for discharges from the MS4);
b. A discharge or flow resulting from fire fighting by the fire department;
c. A discharge or flow of fire protection water that does not contain oil or
hazardous substances or materials that the Fire Code requires to be
contained and treated prior to discharge, in which case treatment
adequate to remove harmful quantities of pollutants must have
occurred prior to discharge;
d. Agricultural storm water runoff;
e. A discharge or flow from water line flushing or disinfection that
contains no harmful quantity of total residual chlorine (TRC) or any
other chemical used in line disinfection;
f. A discharge or flow from lawn watering, or landscape irrigation;
g. A discharge or flow from a diverted stream flow or natural spring;
h. A discharge or flow from uncontaminated pumped groundwater or
rising groundwater;
i. Uncontaminated groundwater infiltration (as defined as 40 CFR §
35.2005(20)) to the MS4;
j. Uncontaminated discharge or flow from a foundation drain, crawl
space pump, or footing drain;
k. A discharge or flow from a potable water source not containing any
harmful substance or material from the cleaning or draining of a
storage tank or other container;
A discharge or flow from air conditioning condensation that is
unmixed with water from a cooling tower, emissions scrubber,
emissions filter, or any other source of pollutant;
m. A discharge or flow from individual residential car washing;
n. A discharge or flow from a riparian habitat or wetland;
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o. A discharge or flow from cold water (or hot water with prior
permission of the Designated Official used in street washing or
cosmetic cleaning that is not contaminated with any soap, detergent,
degreaser, solvent, emulsifier, dispersant, or any other harmful
cleaning substance;
p. Drainage from a private residential swimming pool containing no
harmful quantities of chlorine or other chemicals. Drainage from
swimming pool filter backwash is prohibited; or
q. A discharge of flow of uncontaminated storm water pumped from an
excavation.
2. No affirmative defense shall be available if:
a. The discharge or flow in question has been determined by the
Designated Official to be a source of a pollutant or pollutants to the
waters of the United States or to the MS4;
b. Written notice of such determination has been provided to the
discharger;
c. The discharge has continued after the expiration of the time given in
the notice to cease the discharge.
C. Connection of Sanitary Sewer Prohibited
1. A person commits an offense if the person connects a line conveying
sewage to the MS4, or allows such connection to continue. The
construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited. This prohibition
expressly includes, without limitation, illicit connections made in the past,
regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of connection.
SECTION 5.
NUISANCES
A. An actual or attempted discharge to the MS4 that violates this Ordinance or other
applicable law is hereby declared to be a nuisance and is prohibited by this
Ordinance. A line conveying sewage or designed to convey sewage that is
connected to the MS4 is declared to be a nuisance and is therefore prohibited by
this Ordinance.
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B. It shall be unlawful and an offense and shall constitute a nuisance for any person
owning or having control of real property within the Town to suffer or permit soil,
mud, rock or debris to wash, slide, erode or otherwise be moved from said real
property onto streets, alleys, utility facilities, rights-of-way or easements. It shall
be the duty of each Person owning or having control thereof to prevent soil, mud,
rock or debris from such real property being deposited or otherwise transported
onto the streets, alleys, utility facilities, rights-of-way or easements of the Town
and to inspect such property and acquaint themselves with the conditions existing
and to remedy any conditions likely or calculated to allow soil, mud, rock or
debris to wash, slide, erode or otherwise be transported onto the streets, alleys,
utility facilities, rights-of-way or easements and failure to do so shall be deemed
criminal negligence for the purpose of the offense described herein.
SECTION 6.
RUNOFF FROM CONSTRUCTION ACTIVITY
A. Applicability
This section applies to all construction and/or land disturbing activities that
exceed five thousand square feet in area, either alone or as part of a larger
development, in the Town of Trophy Club, or its extraterritorial jurisdiction. The
provisions of this section shall apply to all Persons filling, grading, excavating or
otherwise conducting land -disturbing activities or causing directly or ordering
land -disturbing activities to occur within the Town, whether they be contractors,
subcontractors, supervisors, inspectors, managers, agents, employees or
otherwise. This section shall apply regardless of whether a Person is required to
obtain a permit from the Town in order to conduct such land -disturbing or
construction activity.
B. Responsibilities
All Persons shall be accountable for any erosion of their property or construction
site, whether such property is owned or otherwise under the direct or indirect
control of such Person, when the result of such activity is the accumulation of
sediment in dedicated streets, alleys, any waterway or other private properties.
Any accumulation or deposit of soil material beyond the limits of such premises
or in Town streets, alleys or drainage facilities or other private property in an
amount sufficient to constitute a threat to public safety and comfort as determined
by the Designated Official, shall constitute a violation of this Ordinance.
All Persons shall be responsible for all cleanup operations incidental to or related
to land -disturbing activity under their direct or indirect ownership or control.
Cleanup responsibilities shall include, without limitation, the leveling,
establishment of ground cover, erosion control and removal of all trash or other
materials not suitable for fill including those deposited on streets, alleys, utility
facilities, rights-of-way or easements or such other remedial action as determined
17
appropriate by the Designated Official in order to protect the public safety and
welfare.
Every landowner of premises through which a watercourse passes, including such
person's lessee, licensee, agent, or assign shall keep and maintain that part of the
watercourse within the premises free of trash, debris, excessive vegetation, and
other obstacles that would pollute, contaminate, or significantly retard the flow of
water through the watercourse. In addition, such landowner shall maintain
existing privately owned structures within or adjacent to a watercourse, so that
such structures will not become a hazard to the use, function, or physical integrity
of the watercourse or disrupt the natural flow of water through the watercourse.
C. Remedial Action Authorized
If a Person fails in any respect to fulfill the requirement of this Ordinance, the
Designated Official may go upon the Person's property and perform such work as
may be necessary to fulfill such requirements and may level, establish ground
cover, construct erosion control, remove all soil, rock, debris and other materials
not suitable for fill including those deposited on streets, alleys, utility facilities,
rights-of-way or easements, at the Person's expense and charge same against the
Person's deposit. If a deposit has not been made with the Town, or if the cost
incurred by the Town exceeds the amount of the deposit, the Town may bill such
person for the unpaid expenses and if the person fails to pay the Town for such
expenses within thirty days of being billed for same, the Town shall have the right
to place a lien on the Land property which shall be filed with the county clerk for
all amounts expended by the Town in excess of the deposit plus interest at the
current lawful rate.
D. Permits Required
1. Grading Permits
a. No person shall undertake any land -disturbing activity for an area that
exceeds five thousand square feet without first obtaining a grading
permit from the Town of Trophy Club. No landowner shall knowingly
permit another person to fill, grade, excavate or otherwise disturb the
surface of real property within the Town without first having secured a
permit from the Town.
b. No grading permit is required for the following activities:
i. Any emergency activity that is immediately necessary for the
protection of life, property, or natural resources; or
ii. Existing nursery and agricultural operations conducted as a
permitted main or accessory use.
is
2. Storm Water Pollution Prevention Plans and Erosion Control
a. No person shall be granted a grading permit for a land -disturbing activity that
would require the uncovering of five thousand or more square feet without the
approval of either an erosion control plan and/or storm water pollution
prevention plan as determined necessary by the Designated Official by the
Town of Trophy Club.
b. Inspections of storm water pollution prevention plan's measures. At a
minimum, such inspections shall be done weekly by the developer, or the
developer's designated representative, and within twenty-four (24) hours after
every storm or snow melt event large enough to result in runoff from the site
(approximately 0.25 inches or more in twenty-four (24) hours). At a
minimum, these inspections shall be done during active construction and all
inspections shall be logged/recorded into Plan.
c. Submission of NOI to Town
A Person performing land -disturbing activities to include construction projects
that disturbs five (5) or more acres is required to have a TPDES permit to
discharge storm water associated with construction activity and such Person
shall submit a copy of the Notice of Intent (NOI) to the Town at the same time
the Person submits the original NOI to TCEQ. The copy of the NOI may be
delivered to the Town, either in person or by mailing it to:
Town of Trophy Club
Community Development Department
Notice of Intent to Discharge Storm Water
100 Trophy Club Drive
Trophy Club, Texas 76262
d. Submission of Site Notice to Town
A Person performing land -disturbing activities to include construction projects
that will disturb one (1) or more acres, but less than five (5) acres, including
the larger common plan of development, is required to have a TPDES permit
to discharge storm water associated with such land -disturbing activity and
construction and shall submit a copy of the Site Notice to the Town at the
same time such Person completes and posts said site notice at the construction
site. The copy of the Site Notice may be delivered to the Town, either in
person or by mailing it to:
Town of Trophy Club
Community Development Department
Site Notice to Discharge Storm Water
19
100 Trophy Club Drive
Trophy Club, Texas 76262
SECTION 7.
EROSION CONTROL DEPOSIT ACCOUNT
A. Erosion Control Deposit Account
In addition to the other requirements of this Ordinance, when construction or land -
disturbing activities are conducted as part of a subdivision project, the following shall
apply.
1. Erosion Control Deposit Account.
Prior to approval of the grading permit, the Person maldng application for such
permit shall submit an erosion control plan for approval by the Town and shall
pay an erosion control deposit to the Town in an amount established by Town
Council. The deposit shall be posted to ensure implementation and continued
maintenance of the Town -approved erosion control plan for the development as
required by this Ordinance. No inspection of any type may be performed on a
project or portion thereof until the responsible party implements a Town -approved
erosion control plan.
2. Final Acceptance
Permanent erosion control devices, and when applicable, temporary erosion
control devices, as specified in the approved erosion control plan shall be properly
installed and maintained prior to final acceptance of a subdivision. The landowner
for such subdivision shall continue to maintain all temporary erosion control
devices until permanent erosion control has been established on all those lots
within the subdivision for which a building permit has not been issued.
3. Transfer of Property by Developer
If the landowner sells all of the lots in a subdivision that purchaser becomes the
Responsible Party for the subdivision, is liable for compliance with this
Ordinance and for violations of this Ordinance, and shall post an erosion control
deposit as required by this Ordinance. The balance remaining in the original
account shall be released as provided herein upon the submission of written proof
of transfer of lots or a new erosion control deposit by the purchaser. As required
by this Ordinance, the new Landowner shall post an erosion control deposit with
the Town.
4. Deductions from Erosion Control Deposit Account/Stop Work Orders/ Citation
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The Town will inspect the erosion control devices located at a site for compliance
with the approved erosion control plan. If a landowner fails to implement or
maintain erosion control devices as specified in the approved erosion control plan,
Town shall provide such Person with written notice of noncompliance identifying
the nature of the noncompliance. Such notice shall also inform the Person of the
circumstances under which a deduction from his deposit account will be made and
the time frame for the filing of an appeal of such action by Town. The Person
shall have twenty-four (24) hours to bring his erosion control devices into
compliance with the approved erosion control plan for the site to which notice of
noncompliance was issued. Correction shall include sediment cleanup, erosion
control device repair, erosion control device maintenance and/or installation of
additional erosion control devices to prevent re -occurrence of the violation. The
twenty-four (24) hour cure period may be extended for inclement weather or other
factors at the discretion of the Designated Official.
At the end of the twenty-four (24) hour cure period, Town shall re -inspect the site
and shall deduct a re -inspection fee as set by the Town Council from the Person's
erosion control deposit account. If at the time of such re -inspection, the erosion
control devices at the site have not been brought into compliance with the
approved erosion control plan, Town may issue a stop wort: order for each
violation of this Ordinance. All deductions from a Person's erosion control
deposit account may be appealed as provided in this Ordinance.
5. Erosion Control Deposit Account Balance --Deposit Refund
a. Upon determination by the Designated Official that no further hazard of
erosion, silting, or debris being deposited on streets, alleys, utility facilities,
rights-of-way or easements exists by reason of the condition of land for which
a deposit is made, so much of such deposit that is not required to reimburse
the Town for the expense of removal of soil, mud, rock, and debris from its
streets, alleys, utility facilities, rights-of-way or easements by reason of work
performed on such land shall be refunded. The reasonable charge of such
removal by the Town shall be billed to depositor.
b. Upon the sale of a lot or lots by a Landowner who has an erosion control
deposit, the Town shall refund a pro -rata portion of the erosion control deposit
less any amount for costs incurred by the Town in enforcing the requirements
of this Ordinance with regard to the lot or lots sold.
6. Erosion Control Deposits
Erosion control deposits posted pursuant to the requirements of this Ordinance
shall not accrue interest.
B. Land -Disturbing Activities Associated with Construction on a
Single Residential Lot
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When land -disturbing activities are conducted on a residential lot for which a building
permit must be issued, the Person to whom the building permit is issued shall comply
with the following:
1. Erosion Control Plan: Prior to approval of a building permit for a residential lot
by the Town, the Person obtaining the building permit shall submit an erosion
control plan for approval by the Town. No inspection may be performed on a
project until a town -approved erosion control plan is implemented.
2. Stop Work Order/Citation: The Town shall inspect the erosion control devices
located at a site for compliance with the approved erosion control plan submitted
for such site. If a Person fails to implement or maintain erosion control devices as
specified in the approved erosion control plan, the Town shall provide such
Person with written notice of noncompliance identifying the nature of such
noncompliance. Such Person shall have twenty-four (24) hours to bring the
erosion control devices into compliance with the intent of the approved erosion
control plan for the site where the violation occurred. Modifications to the
approved erosion control plan may be required to maintain all sediment on-site.
Correction shall include, without limitations, sediment cleanup, erosion control
device repair, erosion control device maintenance, and/or installation of additional
erosion control devices to prevent re -occurrence of the violation. The twenty-four
(24) hour cure period may be extended for inclement weather or other factors at
the discretion of the Designated Official. If the intent of the approved control plan
(maintaining sediment on-site) is not met, then such Person shall take action
within twenty-four (24) hours to control soil eroding from the site and cleanup
any sediment and shall have one (1) week to submit a new erosion control plan.
Work may continue during the review period. Implementation of this plan will be
required within twenty-four (24) hours of plan approval by the Designated
Official. If no plan is submitted within one week, then construction activities shall
be halted until a new plan is submitted and approved. At the end of the twenty-
four (24) hour cure period, the Town shall re -inspect the site and may assess a re-
inspection fee. If at the time of such re -inspection, the erosion control devices at
the site have not been brought into compliance with the approved erosion control
plan, the Town may issue a stop work order and issue a citation for each violation
of the Town's erosion control requirements. When a stop work order has been
issued, a re -inspection fee shall be assessed. To obtain a re -inspection for removal
of the stop work order, a request must be submitted and a re -inspection fee as set
by the Town Council, shall be paid.
C. Storm Water Pollution Prevention Plan Requirements
1. Storm water pollution prevention plans shall be prepared in accordance with the
requirements of the "iSWM Design Manual for Construction Activities," North
Central Texas, latest edition, as published by the North Central Texas Council of
Governments. Each erosion control plan required by this Ordinance shall clearly
identify all erosion and sediment control measures to be installed and maintained
throughout the duration of the project for which that plan is submitted. Cut and
fill slopes shall be no greater than 2:1, except as approved by Town of Trophy
Club to meet other community or environmental objectives. A Person shall install
and maintain erosion control devices in accordance with the town -approved
erosion control plan as required by this Ordinance.
2. Modifications to a plan may be authorized by the Town by written authorization
to the Person, and may include:
a. Major amendments of the erosion and sediment control plan submitted to the
Town, andlor
b. Field modifications of a minor nature.
3. Off -Site Borrow, Spoil and Staging Areas: Where applicable, off-site borrow
areas, spoil areas and construction staging areas shall be considered as part of the
project site and included as part of the disturbed land area and shall be subject to
the regulation of this Ordinance.
4. Related Land Areas: The erosion control requirements of this Ordinance shall
apply to all related land areas. Additionally, when land -disturbing activity occurs
on premises, all disturbed land areas related to the premises shall have permanent
erosion control measures established before final occupancy of structures located
thereon or final acceptance of the subdivision may be obtained. This section
applies whether or not a building permit is required.
5. Belowground Installations: All discharges resulting from belowground
installations shall be passed through Town -approved erosion control devices or
removed from the site for proper disposal.
6. Erosion Control Plan Implementation and Compliance: Each Person shall
implement and maintain the erosion control measures shown on his approved
erosion control plan in order to minimize erosion and the transport of silt, earth,
topsoil, etc., by water runoff or construction activities, beyond the limits of the
Person's site onto Town streets, drainage easements, drainage facilities, storm
drains or other Town property prior to beginning any land -disturbing activity.
7. General Guidelines for Erosion Control Plans and Implementation
a. Maximum use shall be made of vegetation to minimize soil loss.
b. Natural vegetation should be retained wherever possible.
c. Where inadequate natural vegetation exists, or where it becomes necessary to
remove existing natural vegetation, temporary controls should be installed
23
promptly to minimize soil loss and ensure that erosion and sedimentation does
not occur.
d. Clearing, except that necessary to establish sediment control devices, shall not
begin until all sediment control devices have been installed and have been
stabilized.
e. Wherever possible during construction, erosion controls should be used on
hillsides to slow drainage flow rate.
f. Erosion control elements should be implemented as soon as practical in the
development process.
g. Waste or disposal areas and construction roads should be located and
constructed in a manner that will minimize the amount of sediment entering
streams.
h. Frequent fording of live streams will not be permitted; therefore, temporary
bridges or other structures shall be used wherever an appreciable number of
stream crossings are necessary.
i. When work areas or material sources are located in or adjacent to live streams,
such areas shall be separated from the stream by a dike or other barrier to ]seep
sediment from entering a flowing stream. Care shall be taken during the
construction and removal of such barriers to minimize the sediment transport
into a stream.
j. Should preventative measures fail to function effectively; a Person shall act
immediately to bring the erosion and/or siltation of premises under his
ownership or control under control by whatever additional means are
necessary.
k. Erosion control devices shall be placed to trap any losses from stockpiled
topsoil.
1. The selection and timing of the installation of erosion controls shall be based
upon weather and seasonal conditions that could make certain controls not
practicable.
m. Vegetation used for vegetative cover shall be suitable for local soil and
weather conditions. Ground cover plants shall comply with listings from the
Texas Agricultural Extension Service for North Central Texas.
n. Runoff shall be diverted away from construction areas as much as possible.
24
o. Stripping of vegetation from project sites shall be phased so as to expose the
minimum amount of area to soil erosion for the shortest possible period of
time. Phasing shall also consider the varying requirements of an erosion
control plan at different stages of construction. Phasing shall be required on
all sites disturbing greater than thirty acres, with the size of each phase to be
established at plan review and as approved by the Town as determined
appropriate by the Town Engineer.
p. Developers, builders, or owners of property shall install all utilities, including
franchise utilities, before final acceptance of a subdivision, property and/or
structure. Final acceptance will also be contingent upon having all necessary
erosion control measures installed to minimize off-site sediment. A site may
be accepted without erosion control measures if perennial vegetative cover is
actively growing at the discretion of the Town's designated official.
q. Silt fencing in place longer that sixty (60) days and silt fencing placed on
slopes shall be wire -backed.
8. Erosion control requirements shall include the following:
a. Stabilization Requirements: 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 fourteen (14) days from the
substantial completion of such clearing and construction. The following
criteria shall apply to revegetation efforts:
i. Reseeding must be done with an annual or perennial cover crop
accompanied by placement of straw mulch or its equivalent of sufficient
coverage to control erosion until such time as the cover crop is established
over ninety percent (90%) of the seeded area.
ii. Replanting with native woody and herbaceous vegetation must be
accompanied by placement of straw mulch or its equivalent of sufficient
coverage to control erosion until the plantings are established and are
capable of controlling erosion.
iii. Any area of revegetation must exhibit survival of a minimum of seventy-
five percent (75%) of the cover crop throughout the year immediately
following revegetation. Revegetation must be repeated in successive years
until the minimum seventy-five percent (75%) survival for one (1) year is
achieved.
b. Special techniques that meet the design criteria outlined in the 'Design
Manual for Construction" published by the North Central Texas Council of
Governments on steep slopes or in drainage ways shall be used to ensure
stabilization.
25
c. Soil stockpiles must be stabilized or covered at the end of each workday.
d. The entire site must be stabilized, using a heavy mulch layer or another
method that does not require germination to control erosion, at the close of the
construction season.
e. Techniques shall be employed to prevent the blowing of dust or sediment
from the site.
f. Techniques that divert upland runoff past disturbed slopes shall be employed.
9. Sediment control requirements shall include:
a. Settling basins, sediment traps, or tanks and perimeter controls.
b. Settling basins that are designed in a manner that allows adaptation to provide
lonb term storm water management, if required by the Town of Trophy Club.
c. Protection for adjacent properties by the use of a vegetated buffer strip in
combination with perimeter controls.
10. Waterway and watercourse protection requirements shall include:
a. A temporary stream crossing installed and approved by the Town of Trophy
Club if a wet watercourse will be crossed regularly during construction.
b. Stabilization of the watercourse channel before, during, and after any in -
channel work.
c. Stabilization adequate to prevent erosion located at the outlets of all pipes and
paved channels.
d. Restrict clearing within twenty-five (25) feet of waterway.
11. Construction site access requirements shall include:
a. A temporary access road provided at all sites.
b. Other measures required by the Town of Trophy Club in order to ensure that
construction vehicles do not track sediment onto public streets or washed into
storm drains.
12. Erosion Hazard Setbacks.
26
a. Erosion hazard setback determinations will be made for every stream in which
natural channels are to be preserved. Natural channel banks will be protected
by use of the determined setbacks unless a plan to stabilize and protect stream
banks is approved by the Designated Official.
E. Certificated Telecommunication Providers and Franchised Utility Companies
Subject to the terms of its franchise agreement with the Town, including but not
limited to terms regarding permits, a certificated telecommunication providers and a
franchised utility company (hereinafter collectively referred to as "Utility") engaging
in land -disturbing activities within the Town of Trophy Club shall comply with the
following:
1. Erosion Control Plan: Prior to beginning any land -disturbing activity or upon the
effective date of this ordinance, an erosion control plan shall be submitted for
approval by the Town.
2 Stop Work Order/Citation: The Town Designated Official shall inspect
the erosion control devices located at a site for compliance with the
approved erosion control plan submitted for such site. T.f a Utility fails
to implement or maintain erosion control devices as specified in the
approved erosion control plan, the Town shall provide such party with
written notice of noncompliance identifying the nature of such
noncompliance. The Utility shall have twenty -fou* (24) :-ours to bring
his erosion control device(s) into compliance with the approved
erosion control plan for the site where the violation occurred
Correction shall include sediment cleanup, erosion cont-ol device
.repair, and erosion control device maintenance. The twenty-four (24)
hour cure period may be extended for inclement weatb.Pr or other
factors at the discretion of the inspector.
At the end of the twenty-four (24) hour cure period, the Town shall re -inspect the
site. If at the time of such re -inspection, the erosion control devices at the site
have not been brought into compliance with the approved erosion control plan,
the Town may issue a stop work order and issue a citation for each violation of
the approved erosion control plan for said site. To obtain a re-inspectioe for
removal of the stop work order, a request for re -inspection must '.,)e
along with payment of a re -inspection fee as set by Town Council,
F. Removal of Erosion Control Devices
Upon final occupancy or upon establishing permanent ground rove- on e lot, all
temporary erosion control devices shall be removed. Failure io rle S^ shall be a
violation of this Ordinance
'?7
SECTION 8.
MAINTENANCE AND REPAIR OF STORMWATER FACILITIES
A. Inspection and Maintenance Associated with Construction Runoff BMPs
All persons subject to the requirements of this Ordinance shall maintain the
required erosion and sediment control devices in a clean and operational state.
Such person shall inspect each erosion and sediment control device after each
rainfall event that exceeds one-half inch (1/2") in twenty-four (24) hours, or every
fourteen (14) calendar days, whichever occurs first. Such person shall repair,
replace, or remove sediment as necessary.
Such person shall also comply with any maintenance or repair directive given by
the Town's inspector. Failure to comply with a Town directive may result in
deductions from the erosion control deposit account or stop work orders as
provided in Section 7.A.iv, or as provided in Section 7.B.ii.
B. Records of Installation
Persons responsible for the operation of a storm water management facility shall
make records of the installation and repairs, and shall retain the records for at
least two (2) years. These records shall be made available to the Town during
inspection of the facility and at other reasonable times upon request.
SECTION 9.
ADMINISTRATION AND ENFORCEMENT
A. Town Responsibilities
1. Authority: The Designated Official is authorized to administer, implement,
and enforce the provisions of this Ordinance, include but not limited to all
administrative guidelines, regulations, and interpretations of this
Ordinance.
The Town shall administer, implement, and enforce the provisions of this
Ordinance. Any powers granted or duties imposed upon the Designated
Official may be delegated in writing by the Designated Official to persons
or entities acting in the beneficial interest of or in the employ of the Town.
2. Inspections: Inspection programs may be established on any reasonable
basis, including but not limited to, routine inspections; random
inspections; inspections based upon complaints or other notice of possible
violations; inspection of drainage basins or areas identified as higher than
typical sources of sediment or other contaminants or pollutants;
inspections of businesses or industries of a type associated with higher
28
than usual discharges of contaminants or pollutants or with discharges of a
type which are more likely than the typical discharge to cause violations of
state or federal water or sediment quality standards or the NPDES storm
water permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not limited
to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities and
other storm water treatment practices.
All inspections of the storm water management facility shall be
documented and written reports prepared that contain the following
information:
a. The date and location of the inspection;
b. Whether construction is in compliance with the approved storm
water pollution prevention plan;
C. Variations from the approved construction specifications;
d. Any violations that exist.
If any violations are found, the Person shall be notified in writing of the
nature of the violation and the required corrective actions. No added work
shall proceed until any violations are corrected and all work previously
completed has received approval by the Town.
3. Right -of -Entry for Inspection: When any new drainage control facility is
installed on private property, or when any new connection is made
between private property and a public drainage control system, sanitary
sewer or combined sewer, the property owner shall grant to the Town the
right to enter the property at reasonable times and in a reasonable manner
for the purpose of inspection. This includes the right to enter a property
when it has a reasonable basis to believe that a violation of this Ordinance
is occurring or has occurred, and to enter when necessary for abatement of
a public nuisance or correction of a violation of this Ordinance.
B. Minimum Standards
The standards set forth herein and promulgated pursuant to this Ordinance are
minimum standards; therefore this Ordinance does not intend nor imply that
compliance by any person will ensure that there will be no contamination,
pollution, nor unauthorized discharge of pollutants.
29
It shall be the responsibility of all Person subject to this Ordinance to secure all
other regulatory permits associated with developmental drainage improvements.
These include but are not limited to U.S. Corps of Engineer 404 permits, Texas
Commission on Environmental Quality permits, and U.S. Environmental
Protection Agency discharge permits. Such person shall notify the Town in
advance before the commencement of construction.
C. Enforcement and Penalties
1. Violations
It shall be an offense for a any Person subject to this Ordinance to violate any of
the requirements of this Ordinance, including, but not limited to, the following:
a. Conducting any land -disturbing or construction activity without an
approved erosion control plan for the location where the violation
occurred.
b. Failing to install erosion control devices or to maintain erosion
control devices throughout the duration of land -disturbing
activities, in compliance with the approved erosion control plan for
the location where the violation occurred.
C. Failing to remove off-site sedimentation that is a direct result of
land disturbing activities where such off-site sedimentation results
from the failure to implement or maintain erosion control devices
as specified in an approved erosion control plan for the location
where the violation occurred.
d. Allowing sediment -laden water resulting from belowground
installations to flow from a site without being treated through an
erosion control device.
e. Failing to repair damage to existing erosion control devices,
including replacement of existing grass or sod.
f. Failing to comply with any express provision of this Ordinance or
of State or Federal law or regulation.
3. Proceeding Without Applicable Permits
Any Person who fails to obtain a development permit before beginning
construction is in violation of this Ordinance. In addition to the penalties
outlined in this Ordinance; no building permit, plat, site plan, certificate of
occupancy or other use permit shall be issued for any construction,
reconstruction or development upon any land where such construction,
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reconstruction or development is not in conformity with the requirements
and intent of this Ordinance. Anyone who violates any of the terms and
provisions of this Ordinance shall be denied the use permit until the
violation is corrected.
Any development activity that is commenced or is conducted contrary to
this Ordinance may be restrained by injunction or otherwise abated in a
manner provided by law.
3. Notice of Violation: Written notice of violation shall be given to the
responsible Person or his job site representative as identified in the erosion
control plan for a site. Such notice shall identify the nature of the alleged
violation and the action required to obtain compliance with the approved
erosion control plan.
4. Stop Work Orders: Persons receiving a notice of violation will be required
to halt all construction activities. This "stop work order" will be in effect
until the Town of Trophy Club confirms that the development activity is in
compliance and the violation has been satisfactorily addressed. Failure to
address a notice of violation in a timely manner can result in civil,
criminal, or monetary penalties in accordance with the enforcement
measures authorized in this Ordinance or other State or Federal law.
5. Criminal Penalties: Any person, firm, or corporation performing land -
disturbing activities and/or violating any of the provisions or terms of this
Ordinance and not complying within the time periods stated in this
document shall be deemed guilty of a Class C misdemeanor and, upon
conviction thereof, be subject to a fine not exceeding five hundred dollars
($500.00) for each offense, and each and every day such violation shall
continue shall be deemed to constitute a separate offense.
6. Restoration of Lands: Any violator may be required to restore land to its
undisturbed condition. In the event that restoration is not undertaken
within a reasonable time after notice, the Town may take necessary
corrective action, the cost of which shall become a lien upon the property
until paid.
7. Holds on Occupancy Permits: Occupancy permits will not be granted until
a correction to all storm water practices have been made and accepted by
the Town.
D. Appeal and Waiver Procedures
1. Appeals: Any person aggrieved by a decision of the Designated Official or
requesting a waiver of any of the regulations may appeal from any order,
requirement, decision or determination of the Designated Official to the
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Planning and Zoning Commission ("Commission"). The aggrieved person
shall file an appeal in writing with the Commission within ten (10) days
from the date of the decision. If no resolution of the appeal can be reached
with the Commission, the Town Council shall hear the appeal within thirty
(30) days from the date received by the Commission.
2. Waivers: Waivers for any type of permit or storm sewer facilities shall be
issued only upon a determination that the waiver is the minimum
necessary to afford relief considering the flood hazard, drainage problems
and soil loss. The waiver shall be issued only upon meeting all three of the
criteria listed below:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the waiver would result in
exceptional hardship to the applicant, including an exceptional
hardship created by the applicability of the effective date to the
application for a permit; and
C. A determination that the granting of a waiver will not result in
additional threats to public safety or extraordinary public expense,
create nuisances, cause fraud on or victimization of the public or
conflict with existing local laws.
In considering waiver requests, the Commission and the Town Council
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this Ordinance.
Upon consideration of the relevant factors and the purposes of this
Ordinance, the Planning and Zoning Commission may attach such
conditions to the granting of waivers, as it deems necessary to further the
purposes of this Ordinance.
SECTION 11.
SEVERABILITY CLAUSE
If any section, article, paragraph, sentence, clause, phrase or work in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the
remaining portions of the Ordinance, and the Town Council hereby declares it would
have passed such remaining portions of the Ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
SECTION 12
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CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct
conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the
time this Ordinance shall take effect and that are inconsistent with this Ordinance are
hereby repealed to the extent that they are inconsistent with this Ordinance. Provided
however, that any complaint, action, claim or lawsuit which has been initiated or has
arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance
shall continue to be governed by the provisions of that Ordinance and for that purpose the
Ordinance shall remain in full force and effect.
SECTION 13.
SAVINGS CLAUSE
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinances of the Town affecting the
provisions to safeguard persons, protect property and prevent damage to the environment
in the town by regulating activities that may contaminate storm water runoff within the
Town of Trophy Club, which have secured 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 14.
PENALTY CLAUSE
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined,
upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars
($500.00), and a separate offense shall be deemed committed upon each day or part of a
day, during or on which a violation occurs or continues.
SECTION 15.
PUBLICATION CLAUSE
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 53.011 of
the Texas Local Government Code.
SECTION 16.
ENGROSSMENT AND ENROLLMENT CLAUSE
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes
of the Town Council and by filing this Ordinance in the ordinance records of the Town.
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SECTION 17.
EFFECTIVE DATE CLAUSE
That this Ordinance shall be in full force and effect from and after its date of passage, in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town
Texas, this the 21st day of March, 2005. l
EFFECTIVE DATE: March 26, 2005
ATTEST:
Lisa Ramsey, Interim Town Secretary
Town of Trophy Club
APPROVED AS TO FORM:
Town Attorney,
Town of Trophy Club
the Town of Trophy Club,
Mayor, (_/
Town of Trophy Club
[SEAL]