HomeMy WebLinkAbout1874 05-11-2010 ORDINANCE NO. 1874
AN ORDINANCE AMENDING CHAPTER 84, "UNIFIED
DEVELOPMENT CODE" ARTICLE X, "URBAN DESIGN
PRINCIPLES AND IMPROVEMENT STANDARDS,99 Y
THE ADDITION F SECTION 4-448, "POST-
CONSTRUCTION STORM WATER MANAGEMENT", OF
THE EULESS CODE OF ORDINANCES; PROVIDING A
PENALTY FOR VIOLATION THEREOF; P I INN A
SEVE ABILITY CLAUSE, PROVIDING A SAVING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) required
small Municipal Separate Storm Sewer Systems (MS4) to execute a Notice of Intent
{ICI} for storm water discharges under the Texas pollutant Discharge Elimination
System (TPDES) Phase If MS4 General Permit T R040000); and
WHEREAS, a Storm Water Management Program ( WMP) for the City of Euless
was developed as required to accompany the NOI; and
WHEREAS, the SWMP requires the preparation and adoption of a Post
Construction Storm Water Management ordinance.
NOW, 'THEREFORE, E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
L , T
SECTION 1
THAT, Chapter 84T "Unified Development Code", Article X, "Urban Design
Principles and Improvement Standards", be hereby amended by the addition of See. 84-
448, "Post-Construction Storm Wafter Management," to hereafter be and read as
follows:
See 84-448. Post-Construction Storm Water Management
(a) Purpose. The purpose of this section is to reduce pollutants in storm water
discharges from developments by guiding, regulation and controlling the
design and operation of storm drainage facilities of any development.
(b) Administration. The Director of Public Works or the Director's designated
representatives are authorized to administer, implement and enforce the
provisions of Section 8 -448.
(c) Definitions. Unless explicitly stated otherwise, the following terms and
phrases} as used in this Section, shall have the meanings hereinafter
designated.
(1) Best Management Practices (BMPs) — Schedules of activities,
prohibitions of practices, general good housekeeping practices,
maintenance procedures, pollution prevention and educational
practices and other maintenance practices to reduce the discharge of
pollutants in to the MS4.
(2) City— City of Euless, Texas
(3) Director—The Director of Public Works for the City of Euless
(4) Discharge — Any addition or introduction of any pollutant, storm water
or any other substance into the municipal separate storm sewer
system (M 4).
(5) City Engineer—The City Engineer for the City of Euless.
(6) Municipal separate storm sewer system (MS4) — The system of
conveyances (including sidewalks, streets, curbs, gutters, storm drain
inlets, storm drain pipes, roadside swales, detention ponds, creeks,
streams or channels) designed or used for collecting and/or conveying
storm water.
(7) Person —Any individual, partnership, corporation, firm, company or any
other legal entity.
(8) Post-Construction — The general time period beginning at the
completion of the construction phase of any construction activity,
(9) Storm water — Any flow occurring during or following any form of
natural precipitation.
(d) Applicability. Post-construction storm water BMPs are required on
development or redevelopment construction projects that are expected to
disturb at least one half acre of land and fall in one or more of the following
criteria-
(1) Construction of any type of commercial car wash facility.
(2) Construction of an automotive fueling facility including convenience
stores.
(3) Construction of an automotive maintenance or repair facility.
(4) Restaurants (fast food or sit down) with grease collection and disposal.
(5) Other land uses deemed to have a high potential of pollutant discharge
into the MS4 as determined by the City of Engineer,
Ordinance No. 1874, Page 2 of 4
(e) General Requirements.
(1) Post-construction storm water BMPs are contained in the City of
Euless Standard Details. Alternative BMPs may be used if approved
by the City Engineer.
( ) Past-construction BMPs, shall be clearly indicated and shown on a site
plan for development that is required by the City of Euless Code of
Ordinances.
( ) The maintenance schedule for post-construction storm water BMPs
shell be clearly indicated and shown on any site plan for development.
(f) Public Comment or Information.
(1) The public may submit comments or information regarding post
construction storm water management by contacting the City of Euless
Engineering Division.
SECTION II
PENALTY FOR VIOLATION. Any person, firm or corporation violating any of
the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be fined in accordance with Chapter 1, Sections I-
12, Euless Code of Ordinances. Each such violation shall be deemed a separate
offense and shall be punishable as such hereunder.
SECTION III
EVE' ILI CLAUSE. That it is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences, clauses, and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or 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 invalid or unconstitutional phrase, clause,
sentence, paragraph or sections.
SECTION IV
SAVING CLAUSE. That Chapter 84 of the Code of Ordinances, City of Euless,
Texas, as amended, shall be in full force and effect, except as expressly amended
hereby.
Ordinance No. 1879; Page 3 of 4
SECTION V
EFFECTIVE DATE. This ordinance shall he in full farce and effect from and after
its passage and publication by the City Charter and the Laws of the State of Texas.
PRESENTED AND GIVEN FIRST AND FINAL READING AND APPROVED at a
regular meeting of the Euless City Council on the 11 day of May 2010 by a vote of
ayes, 0 nays, and 0 abstentions.
APPROVED:
Mary Lib Sfileth, Mayor
ATTEST:
- as--an-Grim, kMRC, City Secretary
APPROVED AS TO FORM:
Bd'6 McFarland, City ttcrney
Ordinance No. 1874, Page 4 of 4