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Item 7A - MemoItem 7A Page 1 of 2 M E M O R A N D U M (January 17, 2023) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Ordinance No. 1268, 1st Reading, amending Chapter 9.5, Article II, of the Southlake Code of Ordinances. Action Requested: Approve Ordinance No. 1268, 1st Reading, amending Chapter 9.5, Article II, of the Southlake Code of Ordinances. Background Information: State Law, through the Texas Commission on Environmental Quality (TCEQ), requires the City to adopt a Post-Construction Stormwater Management Ordinance in compliance with the Texas Pollutant Discharge Elimination System (TPDES) Phase II Small Municipal Separate Storm Sewer Systems (MS4) General Permit (TXR040000) as mandated by the Environmental Protection Agency under 40 CFR 122.34(b)(5). The proposed ordinance will allow the City to be fully compliant with the provisions of the revised TPDES by including: • Procedures to ensure long-term maintenance of stormwater facilities. • Procedures to document operation and maintenance activities. The proposed ordinance includes all mandated regulatory requirements, and establishes the minimum post-construction stormwater management standards to minimize stormwater runoff volumes and regulate subsequent quality; and identifies the long- term responsibility for maintenance of permanent Best Management Practices (BMPs) and setting forth plans to ensure continued functionality by the incorporation of a Maintenance Agreement that is filed with the real property records of the county in which the property is located. This ordinance applies to all developers of new and redevelopment sites disturbing more than one acre. Developments and redevelopment that have received Public Works approval of their construction set prior to the approval of this ordinance shall be considered existing developments. The provisions of this ordinance do not impact existing developments which are subject to the existing Item 7A Page 2 of 2 Storm Drainage Policy Ordinance No. 605. The TCEQ requires the City to review and update its Stormwater Management Program (SWMP) for compliance every five years. Per the City’s current SWMP (2019 renewal awaiting approval), this ordinance should have been implemented by January 2021. The City received guidance to operate under the unapproved pending permit in July 2021, and the process to establish this ordinance commenced in the Fall of 2021. The proposed ordinance was reviewed, modified, and approved by the City Attorney in March 2022, and it was shared with the community at the August 9, 2022, S.P.I.N. meeting to inform developers and the public of the pending regulation. The proposed changes will amend Chapter 9.5, “Environment,” Article II, “Storm Drainage,” creating a new division 10, “Post Construction Stormwater Management.” The Ordinance will go into effect upon Council approval. Financial Considerations: None. Strategic Link: This item links to the City’s Strategy Map strategic focus areas of Safety & Security, and Quality Development. It specifically relates to the City’s Corporate Objective, C1: Achieve The Highest Standards Of Safety & Security. The Critical Business Outcome is, CBO3: Engage in thoughtful planning to ensure continued high quality development that is integrated well into the current built environment. Citizen Input/ Board Review: This item was presented at the August 9, 2022, S.P.I.N. meeting. Legal Review: The City Attorney has reviewed the ordinance. Alternatives: The City Council may approve or deny the ordinance. Supporting Documents: Attachment A: Ordinance No. 1268 Attachment B: Maintenance Agreement Template Attachment C: FAQs Attachment D: S.P.I.N. Report Staff Recommendation: Approve Ordinance No. 1268, 1st Reading, amending Chapter 9.5, Article II, of the Southlake Code of Ordinances. Staff Contact: Rob Cohen, Director of Public Works Page 1 ORDINANCE NO. [1268] AN ORDINANCE AMENDING CHAPTER 9.5 “ENVIRONMENT,” ARTICLE II “STORM DRAINAGE,” CREATING A NEW DIVISION 10, “POST CONSTRUCTION STORMWATER MANAGEMENT”; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake 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, the City of Southlake has adopted comprehensive environmental regulations as allowed and required by law, particularly related to Stormwater drainage; and WHEREAS, the Texas Commission on Environmental Quality (TCEQ) required small Municipal Separate Storm Sewer Systems (MS4) to execute a Notice of Intent (NOI) for stormwater discharges under the Texas Pollutant Discharge Elimination System (TPDES) Phase II MS4 General Permit (TXR040000); and, WHEREAS, a Stormwater Management Plan (SWMP) for the City of Southlake was developed as required to accompany the NOI; and, WHEREAS, the SWMP requires the preparation and adoption of a Post- Construction Stormwater Management ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEXAS: Section 1. The Code of Ordinances of the City of Southlake Chapter 9.5 “Environment,” Article II “Storm Drainage Policy,” is hereby amended to create a new Division 10 “Post- construction Stormwater Maintenance,” to read as follows: Southlake Post-Construction Stormwater Management Ordinance Page 2 Sec. 9.5.188. - Background Findings of Fact The City finds that construction activities and land development or redevelopment alter the hydrologic characteristics of the land by increasing impervious surface area and, in some cases, change the terrain. These alterations increase stormwater runoff volume and accelerate the rate of flow, which may lead to erosion. In addition, impervious surfaces harbor water pollutants, which are carried to local water bodies via runoff. Purpose The City finds that proper management of post-construction stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment, and general welfare, and protect water resources. This purpose is accomplished via the following actions: (1) Establishing minimum post-construction stormwater management standards to minimize stormwater runoff volumes and regulate subsequent quality; and, (2) Identifying the long-term responsibility for maintenance of permanent Best Management Practices (BMPs) and setting forth plans to ensure continued functionality. Sec. 9.5.189. - Definitions Best Management Practice (BMP) or Stormwater Control Measure: schedule of activities, prohibitions of practices, maintenance procedures, structural controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment practices, operating procedures, and practices to control runoff, spills or leaks, waste disposal, or drainage from raw materials storage areas. Development: Any activity that requires the submission of a subdivision plat, development plan, or the securing of a building permit. (see also redevelopment definition) Director: The City staff member with the title of Public Works Director, or their authorized agent. Illegal Discharge or Illegal Discharge Deficiency: Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in subsection 9.5-503(b) of Chapter 9.5, Article IX of the City of Southlake Code of Ordinances. Southlake Post-Construction Stormwater Management Ordinance Page 3 Maintenance Agreement: a formal contract between the City and a property owner to guarantee long-term maintenance of permanent, physical BMPs. The Maintenance Agreement includes an Operations and Maintenance Plan as further described in this document. Operations and Maintenance Plan: a legally recorded document that acts as a property deed restriction and which provides for the long-term maintenance of stormwater management practices. Owner: the deed holder of the land upon which the stormwater facility resides, to be determined by the most recently approved City tax roll. Permanent BMP or Permanent Stormwater Control Measure: all practices and facilities employed to meet and maintain stormwater runoff quantity and quality requirements after site development has been completed. Post-construction: activities and operations performed after the Notice of Termination (NOT) for a development or redevelopment project has been filed and approved. Public Infrastructure: Facilities owned and maintained by the City, including, but not limited to, roads, sidewalks, drainage systems, water utility facilities, sewer utility facilities, streetlights, signals, city-owned parkland or buildings. Redevelopment: alterations of a property that change the “footprint” of a site or building in such a way that there is disturbance of equal to or greater than one (1) acre of land. This term does not include such activities as exterior remodeling, routine maintenance activities, and linear utility installation. Small Municipal Separate Storm Sewer System (MS4): a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (a) Owned or operated by the U.S., state , city, town, borough, county , district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under CWA § 208; (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; (d) Which is not part of a publicly owned treatment work (POTW) as defined in 40 CFR § 122.2; and Southlake Post-Construction Stormwater Management Ordinance Page 4 (e) Which was not previously regulated under a National Pollutant Discharge Elimination System (NPDES) or a Texas Pollutant Discharge Elimination System (TPDES) Small MS4 General Permit TPDES General Permit TXR040000 Part I Page 11 individual permit as a medium or large municipal separate storm sewer system, as defined in 40 CFR §§122.26(b)(4) and (b)(7). This term includes systems similar to separate storm sewer systems at military bases, large hospitals or prison complexes, and highways and other thoroughfares. This term does not include separate storm sewers in very discrete areas, such as individual buildings. For the purpose of this Ordinance, a very discrete system also includes storm drains associated with certain municipal offices and education facilities serving a nonresidential population, where those storm drains do not function as a system, and where the buildings are not physically interconnected to a small MS4 that is also operated by that public entity Stormwater Control Measure or Best Management Practice (BMP): schedule of activities, prohibitions of practices, maintenance procedures, structural controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment practices, operating procedures, and practices to control runoff, spills or leaks, waste disposal, or drainage from raw materials storage areas. Stormwater Facility: any physical facility built to control stormwater runoff in compliance with the City’s Storm Drainage Policy (Chapter 9.5, Article II of the City of Southlake Code of Ordinances). Sec. 9.5.190. - Minimum Stormwater Control Standards All permanent BMPs must be designed to meet the criteria and specifications of the City’s Storm Drainage Policy (Chapter 9.5, Article II of the City of Southlake Code of Ordinances). To the greatest extent practicable, stormwater runoff quantity after development or redevelopment of the property should not exceed pre-development conditions and stormwater runoff quality shall meet the minimum water quality performance standards. Sec. 9.5.191. - Maintenance Requirements Within the City of Southlake, “Stormwater Facility” generally refers to stormwater detention/retention ponds, though other types of facilities may be installed. This ordinance and the associated maintenance agreement largely address detention/retention facilities, but the agreement may be modified to address maintenance of other facilities, including, but not limited to underground detention facilities, earthen channels, natural channels/creeks, bar ditches and associated culverts, or other stormwater facilities (concrete channels, flumes, inlets, pipes, Southlake Post-Construction Stormwater Management Ordinance Page 5 manholes) located on private property. See section 9.5-182 of the City’s Storm Drainage Policy for information related to public and private maintenance of drainage facilities. A Stormwater Facility Maintenance Agreement shall be filed with the County for any privately maintained stormwater facilities prior to City acceptance. Sec. 9.5.192. - Inspection Requirements The Stormwater Facility Maintenance Agreement contains maintenance logs and inspection reports with requirements for monthly, semiannual, and annual inspection tasks. (1) Monthly Maintenance and Inspection a. Mowing and grass clipping removal b. Trash and debris removal c. General condition inspection and correction as needed (2) Semiannual Maintenance and Inspection a. Irrigation system operation verification b. Siltation observations and removal c. Erosion observation and repair d. Vegetation confirmation and replanting e. Condition inspection for trash guards (3) Annual Maintenance and Inspection Same as semiannual inspection tasks plus the following: a. Condition inspection of facility structures such as intake pipes, weirs, outfall pipes, flumes, riprap, or other permanent improvements b. Observation of any berm embankment settlement c. Inspection of pond bottom for packing/sealing and aeration as needed d. Inspection for evidence of animals or aquatic life and removal as necessary Sec. 9.5.193. - Maintenance Agreement And Operations And Maintenance Plan (1) Maintenance Agreement The City has a standard Maintenance Agreement form that must be used for new development and redevelopment when required. The Maintenance Agreement includes standard language related to the responsibilities of the owner and the role of the City. In addition, it contains information about the site and an Operations and Maintenance Plan. Southlake Post-Construction Stormwater Management Ordinance Page 6 (2) Operations and Maintenance Plan Requirements The Operations and Maintenance Plan must clearly identify the person(s) responsible for operation and maintenance of temporary and permanent BMPs to ensure proper and continuous function. The Operations and Maintenance Plan and records of all maintenance tasks as performed shall be retained on site. The Operations and Maintenance Plan shall include, but is not limited to: a. Identification of position title within the owner’s organization responsible for all tasks in the plan; i. Adherence to the Operations and Maintenance plan is the responsibility of the individual property owner or of the Homeowner’s Association (HOA) if the facility is part of a subdivision. ii. Adequate drainage easements shall be provided for all stormwater facilities per the City’s Storm Drainage Policy (Chapter 9.5, Article II of the City of Southlake Code of Ordinances). iii. The City may, if needed, enter into interagency or interlocal agreements for maintenance purposes. b. Inspection requirements; i. Self-inspection: The maintenance plan shall require self-inspection of the stormwater management facilities, in accordance with the Operation and Maintenance Plan (Exhibit A) for the facility that has been filed with the County. Self-inspection forms must be completed and submitted to the Environmental Services Division of the Public Works Department on an annual basis. Inspection reports and maintenance logs shall be submitted by April 30 of each year. If the annual due date falls on a weekend, the due date shall be the first Monday following. The first annual inspection report under this Ordinance is due April 30, 2023. ii. City inspection: The City reserves the right to inspect all stormwater facilities for compliance with maintenance guidelines on an as- needed basis. c. Maintenance requirements; i. Description of maintenance tasks and anticipated frequency, including both routine and non-routine maintenance; ii. Disposal of sediments; and iii. All specifications and maintenance requirements of proprietary devices. d. Identification of funding source for maintenance and repairs; e. Execution of maintenance easements dedicated to the City to allow for safe access for inspections and maintenance; and Southlake Post-Construction Stormwater Management Ordinance Page 7 f. Estimated lifespan of permanent BMPs and appropriate replacement schedule. Activities outlined in the Operations and Maintenance Plan shall adhere to all design criteria and other policies regarding the operation and maintenance of stormwater facilities for the City. Inspection and Maintenance requirements may be altered or increased if the City deems it necessary to maintain the proper function of the stormwater facility. (3) Filing of Stormwater Facility Maintenance Agreement a. All permanent BMPs, including the Maintenance Agreement and the locations of any required drainage and maintenance easements, are to be submitted with the construction plans and required documents for approval by the Public Works Department. The Maintenance Agreement must be completed and approved prior to the final acceptance of the project by the City. b. Once approved, the Maintenance Agreement, along with any maintenance easements, must be filed with the County Deed Office of the county in which the property is located. The Maintenance Agreement is to be permanently linked to the deed of the land, regardless of changes in ownership. c. The owner of the property holds the ultimate responsibility for ensuring that this Maintenance Agreement is properly filed and followed throughout the lifespan of the permanent BMPs. (4) Transfer of Ownership Cleaning and repair of permanent BMPs should be completed before transfer of ownership. The City reserves the right to inspect all post-construction BMPs prior to transfer of ownership. Any changes in ownership should be recorded and submitted in writing to the City’s Environmental Services Division and shall include new Owner contact information and a signature statement acknowledging transfer of maintenance responsibilities. Sec. 9.5.194. - Enforcement (1) If an entity does not comply with requirements of this article the responsible person will be notified in writing of such deficiencies by the City. (2) Upon receipt of such notice, the responsible person will have 24 hours to correct such illegal discharge deficiencies, seven days to correct erosion control deficiencies, and 30 days to correct maintenance of stormwater facility deficiencies. The Public Works Director may shorten the allowable time to correct deficiencies if they deem the deficiencies to be an immediate threat to the public or the environment. Southlake Post-Construction Stormwater Management Ordinance Page 8 (3) After proper notice, and if the responsible person fails to make the repairs or perform the maintenance, the City may have such work performed and assess the person(s) responsible for the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property or prorated against the beneficial users of the property. (4) Easements and agreements recorded upon the applicant’s property shall provide mechanisms for the establishment of a lien by the City for any and all costs incurred by the City pursuant to this section to aid in the efficient and cost- effective collection of sums so expended, including, but not limited to, attorneys’ fees associated with collection. Sec. 9.5.195. - Penalties (1) Any person violating any of the provisions of this division shall be guilty of a misdemeanor, and upon final conviction thereof shall be fined a sum not to exceed $2,000.00 for each offense. (2) Each day such violation continues to exist shall constitute a separate offense. (3) But in case any person violates any of the provisions of this article or fails to comply therewith, the City of Southlake, in addition to imposing the penalties above provided, may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act, conduct, business or use in or about any land; and the definition of any violation of the terms of this article as a misdemeanor shall not preclude the City from invoking the civil remedies given it by law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation. Sec. 9.5.196. - Emergency Suspension of Utility Service and MS4 Access (1) The City may, without prior notice, suspend water service, sanitary sewer service, and/or MS4 discharge access to a person discharging to the MS4, waters of the United States, or publicly owned treatment works (POTW) when such suspension has been determined by the Public Works Director to be necessary to stop an actual or threatened discharge which: a. Presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or b. Presents or may present imminent and substantial danger to the MS4 or waters of the United States. c. Presents or may present imminent and substantial danger to Public Infrastructure. Southlake Post-Construction Stormwater Management Ordinance Page 9 (2) As soon as is practicable after the suspension of service or MS4 discharge access, the Director shall notify the violator of the suspension in person or by certified mail, return receipt requested, and shall order the violator to cease the discharge immediately. When time permits, the Director should also attempt to notify the violator prior to suspending service or access. (3) If the violator fails to comply with an order issued under subsection (2), the Director, may take such steps as the Director deems necessary to prevent or minimize damage to the MS4 or waters of the United States, to prevent or minimize danger to persons, and to prevent or minimize damage to public infrastructure. (4) The City shall not reinstate suspended services or MS4 access to the violator until: a. The violator presents proof, satisfactory to the Director, that the noncomplying discharge cause has been determined, been eliminated and corrected; b. The violator pays the City for all costs the City incurred in responding to abating, and remediating the discharge or threatened discharge; and c. The violator pays the City for all costs the City will incur in reinstating service or access. (5) A violator whose service or access has been suspended may appeal such enforcement action in accordance with Section 9.5.198. (6) The remedies provided by this section are in addition to any other remedies set out in this article. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator. (7) A person commits an offense if the person reinstates water service, sanitary sewer service, and or MS4 access to premises terminated pursuant to subsection (1), without the prior approval of the Director. Sec. 9.5.197. - Non-Emergency Suspension of Utility Service And MS4 Access (1) The City may terminate the City-provided water supply, sanitary sewer connection, and/or MS4 access any person discharging to the MS4 in violation of this article, if such termination would abate or reduce the illegal discharge. (2) The Director will notify a violator of the proposed termination of its water supply, sanitary sewer connection, and/or MS4 access. Southlake Post-Construction Stormwater Management Ordinance Page 10 (3) A violator whose service or access has been suspended may appeal such enforcement action in accordance with Section 9.5.198. (4) The City shall not reinstate suspended services or MS4 access to the discharger until: a. The violator presents proof, satisfactory to the Director, that the noncomplying discharge has been determined, been eliminated and corrected; b. The violator pays the City for all costs the City will incur in reinstating service or MS4 access; and c. The violator pays the City for all costs the City will incur in reinstating service or access. (5) The remedies provided by this section are in addition to any other remedies set out in this article. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator. (6) A person commits an offense if the person reinstates water service, sanitary sewer service, and or MS4 access to premises terminated pursuant to subsection (1), without the prior approval of the Director. Sec. 9.5.198. - Appeals (1) All rulings, requirements, decisions, or interpretations of the Public Works Director shall be final and binding upon all parties thereto unless appealed to the City Manager. (2) Any person aggrieved thereby may submit an appeal by filing a written notice of appeal in the office of the City Secretary within ten calendar days from the date of the action complained of; all notice of appeal shall specify the grounds for the appeal and contain a brief summary of all facts which the aggrieved party deems material to the appeal. (3) A hearing on the appeal shall be heard by the City Manager not later than 30 days from the date of filing the notice or appeal. Sec. 9.5.199—9.5.200 - Reserved SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Southlake Post-Construction Stormwater Management Ordinance Page 11 Code, in which event the conflicting provision 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 section 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 enforcements 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 Southlake are expressly saved as to any and all violation of the provisions of the Code of Ordinances of the City of Southlake, as amended, relating to false alarms and alarm systems or any other ordinances affecting alarm systems which 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 Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time Southlake Post-Construction Stormwater Management Ordinance Page 12 within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. PASSED AND APPROVED ON FIRST READING ON THIS ______ DAY OF __________________, 2022. ___________________________________ MAYOR ATTEST: ___________________________________ CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS ______ DAY OF ____________________, 2022. ___________________________________ MAYOR ATTEST: ___________________________________ CITY SECRETARY EFFECTIVE: ____________________ APPROVED AS TO FORM AND LEGALITY: ________________________________________ City Attorney MCM4 - MS4 POST CONSTRUCTION ORDINANCE FAQ’s NOTE: DEVELOPER, HOA, and OWNER are used interchangeably below to define the party(ies) responsible for maintenance of stormwater control measures that are not the responsibility of the City. MCM: Minimum Control Measures BMPs: Best Management Practices Q: How long do we have to implement MCM4? The City should have been in compliance with this requirement of MCM 4 in January 2021. MCM 4 as well as the other MCMs are expected to be implemented and continued every year. Q: What are the consequences for not being in compliance? As specified in 30 TAC § 305.125(9), “Failure to comply with any permit condition is a violation of the permit and statutes under which it was issued and is grounds for enforcement action, for permit amendment, revocation or suspension, or for denial of a permit renewal application or an application for a permit for another facility.” Q: What is the current shortcoming for not having this implemented? The increase in paved surfaces following new construction or redevelopment has the potential to increase stormwater volume and pollutants. Some permanent stormwater controls are not maintained or were abandoned after development. Q: Will all new development/redevelopment require new post-construction BMPs? No. Some developments will not require the implementation of post-construction BMPs. Each elopementent is reviewed on a case by case basis and a dter Q: At what stage of development will maintenance agreement need to be in place? Per Sec. 9.5.193.(3)(a), “All permanent BMPs, including the Maintenance Agreement and the locations of any required drainage and maintenance easements, are to be submitted with the construction plans and required documents for approval by the Public Works Department. The Maintenance Agreement must be completed and approved prior to the final acceptance of the project by the City.” Q: Is there a model Maintenance Agreement available? Yes. The City will provide a standard maintenance agreement template. The maintenance logs included in the template focuses on detention/retention pond maintenance but should the developer choose to utilize other BMPs, the maintenance logs will be revised accordingly. Q: Will this new ordinance require developers/HOAs to maintain additional facilities that the City currently maintains? No. The existing process for determining maintenance responsibility set forth under Ordinance 605 will remain in effect. Typically, the City will take over closed pipe conduit systems (circular and boxes) and any standard concrete structures (pilot channels, flumes, channels) if proper easements and City access is provided. Maintenance responsibilities are defined in Ordinance 605, identified in the public works construction set and the Developer’s Agreement. The Maintenance Agreement will provide a public record of the responsibilities and maintenance requirements for both the Owner and the City. Q: Does this new Ordinance create an added cost burden to the Owner? Owners/HOAs are currently required to maintain their drainage easements and ponds in working condition. As stated previously, some permanent stormwater controls are not maintained or were abandoned after development. This Ordinance will require the Owners of new development and redevelopment, WHEN APPLICABLE, to document maintenance activities and the City to maintain records of inspection and enforcement actions as proof permanent stormwater control measures are being properly maintained. Q: Does the proposed Ordinance prevent the City from entering into a plan to cost share or participate in the maintenance of stormwater infrastructure for existing or future HOAs? No. A cost share program is still an option. Any cost share program is subject to review by City Attorney to determine the program meets State law. Q: What about projects that are currently under development/public works review? Any development/redevelopment that does not have an approved public works construction set at the time of ordinance approval will be subject to the ordinance and maintenance agreement if applicable. Not all development/redevelopment will require implementation of post-construction BMPs and all developments/redevelopments are reviewed on a case-by-case basis. Q: What is the threshold for redevelopment? Per Sec. 9.5.189, Redevelopment is defined as: “alterations of a property that change the “footprint” of a site or building in such a way that there is disturbance of equal to or greater than one (1) acre of land. This term does not include such activities as exterior remodeling, routine maintenance activities, and linear utility installation.” Not all development/redevelopment greater than one acre will require the need for physical BMPs under MCM4 and will be reviewed during the development process. Q: Define greater than 1-acre? Any small or large construction activity that will disturb one or more acres, or a site that is a part of a larger common plan of development, as defined by the TCEQ. Q: Do we plan to have a courtesy reminder to owners for submitting the annual report (email, mail, how many, when)? The initial plan would be to send out courtesy reminders on or around the anniversary date of acceptance of the public works construction permit, the first of the year, and at least one month prior to the April 30 deadline. These will more than likely be sent as email and postcard reminders. Follow-up letters or phone calls will be made during our annual review if it shows to be delinquent. Q: What if ownership changes hands? Cleaning and repair of permanent controls should occur before ownership transfer. New contact information and transfer of maintenance responsibilities acknowledgement will be due to the Environmental Services Division. Refer to Sec. 9.5.193.(4) of the proposed Ordinance. Q: What if I want to modify what BMPs are implemented? Changes to the BMPs implemented will require review and approval by the City including site plan, engineering design, inspection and maintenance logs as applicable. These changes must also be filed with the County as an amendment to the maintenance agreement. Q: How much remaining open land do we still have? The City has approximately 9% of undeveloped land remaining and constitutes approximately 1,100 acres. Q: How many unplatted parcels do we still have? Approximately 820 of the 11,605 parcels are unplatted and represents approximately 2,750 acres. 1 ATTACHMENT A STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of , , by and between , acting by and through , hereinafter referred to as “Landowner”, and the City of Southlake, hereinafter referred to as “City”. WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately ____ acre tract located in the Survey, Abstract __, __________ County, Texas according to the deed recorded in Volume ___, Page ___ , Deed Records, ___________ County, Texas, hereinafter called the “Property”. WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as hereinafter called the “Plan”, which is expressly made a part hereof, as approved or to be approved by the City and the Landowner provides for management of Stormwater within the confines of the Property; and WHEREAS, the City and the Landowner, and their successors and assigns, agree that the health, safety and welfare of the residents of the City of Southlake, Texas require that on-site Stormwater Facilities be constructed and maintained on a portion of the Property; and WHEREAS, the City requires that the on-site Stormwater Facility (“Facility”) as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, the location and dimensions of which is shown on the Stormwater Facility Location map (Attachment A); and NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The Landowner, its successors and assigns, shall adequately construct and maintain the on-site Stormwater Management Facility (“Facility”) at no expense to the City of Southlake in accordance with the design plans and specifications 2 for the Facility, attached as Attachment B, and the current standards then in force and effect in the City of Southlake and with the Operations and Maintenance Plan attached to this Agreement as Attachment C. Attachment B shall clearly identify the facility(ies) that are subject to this maintenance agreement. The Facility(ies) include(s) all private pipes, channels or other conveyances built to convey Stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. The Facility(ies) may also include public stormwater improvements which the City and owner have agreed to include as privately maintained. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Stormwater Structural Control Maintenance Logs, included with Attachment D, are to be used to establish what good working condition is acceptable to the City. 2. The Landowner, its successors and assigns, shall inspect the Facility and submit an inspection report to the City annually (Attachment E). The purpose of the inspection is to assure safe and proper functioning of the Facility. The inspection shall cover the entire Facility, berms, outlet structure, pond areas, access roads, etc. Components of the Facility, which need maintenance or replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. 3. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facility whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4.In the event the Landowner, its successors and assigns, fails to maintain the Facility in good working condition as specified herein, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City, as 3 such obligation rests entirely with Landowner, its successors and assigns. 5. The Landowner, its successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. In the event that Landowner or its successors or assigns fail to pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon other lots owned by the Landowner or its successors or assigns. Such lien shall be perfected by filing in the office of the County Clerk of the county in which the property is located an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. 6.This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF SOUTHLAKE, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITY PROPERTY TO MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF THE FACILITY; ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE FACILITY AND ITS BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE FACILITY, OR (3) FAILURE OF THE FACILITY OR ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY OF SOUTHLAKE CRITERIA AND TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner covenants and agrees that no building shall be erected within the drainage easement outlined on Attachment A, but this paragraph shall not preclude construction of other improvements within the drainage easement, 4 which do not impede drainage. Landowner covenants and agrees that no building shall be erected on the above property abutting such easement which shall have a finished floor at an elevation less than two feet above the maximum depth of water in the detention pond which would occur during a 1 percent frequency flood. 8. This Agreement shall be recorded among the land records of the County, in which the Facility is located, shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owner’s association. [SIGNATURE PAGE FOLLOWS] 5 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address: STATE OF TEXAS COUNTY OF TARRANT On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: 6 CITY OF SOUTHLAKE, TEXAS By: Mayor ATTEST: City Secretary Date: City Attorney Date: 7 ATTACHMENT A STORMWATER FACILITY LOCATION MAP AND SITE INFORMATION Site Name: Operator: Stormwater Facility(ies): Funding Source for Maintenance and Repair: Date of Final Acceptance: 8 ATTACHMENT B FACILITY PLANS AND SPECIFICATIONS (This exhibit shall clearly identify the facilities that are subject to this agreement and public facilities for which the City has maintenance responsibility.) 9 ATTACHMENT C CITY OF SOUTHLAKE STORMWATER FACILITY OPERATION AND MAINTENANCE PLAN GENERAL MAINTENANCE PROCEDURES The structural and functional integrity of the Facility shall be maintained at all times by removing and preventing drainage interference, obstructions, blockages, or other adverse effects into, through, or out of the system. Periodic silt removal shall occur when standing water conditions occur or the pond’s storage volume is reduced by more than the limits indicated on the attached logs. Silt shall be removed and the pond/basin returned to original lines and grades shown on the approved engineering plans. In addition, corrective measures are required any time a dry detention basin does not drain completely within 72 hours of cessation of inflow. NO STANDING WATER IS ALLOWED in basins designed for dry detention purposes. Accumulated litter, sediment, and debris shall be removed as necessary to maintain proper operation of the basin. Disposal shall be in accordance with federal, state and local regulations. To the greatest extent practicable, facilities shall be mowed monthly between the months of April and October or anytime vegetation exceeds 12-inches in height. Grass clippings shall be removed with each mowing. Mowing may be delayed after excessive rainfall/runoff events if it would impose risk of damage to the facility, such as severe rutting of the bottom of channels or ponds or destabilizing sideslopes of channels or ponds. Any delays shall be communicated to the City and an alternate mowing schedule identified and agreed upon in writing. PREVENTIVE MAINTENANCE/INSPECTION Visual inspections of all components will be conducted every 6 months. Maintenance actions and inspections shall be logged on the attached forms (Attachment D). The log should document the condition of the detention system’s primary components, mowing, and silt, litter and debris removal dates. Document aeration of the basin bottoms and replanting to prevent the sealing of the basin bottom. Written maintenance and repair records shall be maintained by the party or parties signing the attached Agreement and shall be provided to the City annually on or before April 30 on Attachment E including all associated maintenance logs (Attachment D). 10 ATTACHMENT D MAINTENANCE LOGS The attached maintenance logs are intended for routine use in the maintenance of stormwater facilities and attachment to the annual report. The logs provided are for dry detention ponds, wet retention ponds, and earthen/vegetated channels as these are the typical stormwater facilities constructed in the City of Southlake. A more comprehensive list of stormwater facilities can be found in the iSWM Site Development Controls Technical Manual: https://iswm.nctcog.org/Documents/technical_manual/Site_Development_Controls_5- 2021.pdf. Guidance within the iSWM Manual can be used to create inspection and maintenance forms for other Stormwater Facilities. The landowner/developer shall create the inspection and maintenance forms and submit them for review by the City of Southlake prior to submitting the maintenance agreement for execution and filing. The City must approve the forms prior to filing the maintenance agreement with the County. 11 ATTACHMENT D-1 STORMWATER DETENTION FACILITY MONTHLY MAINTENANCE LOG Site: Reporting Period: Monthly Tasks Checkactivitiesthathavebeen doneand add notes as needed. Attachadditional pages if necessary. Month Date Mowing (including removal of grass clippings) Monthly Trash and Debris Removal Trash and Debris Removal after rain events July Deficiencies Noted Corrective Action Taken August Deficiencies Noted Corrective Action Taken September Deficiencies Noted Corrective Action Taken October Deficiencies Noted Corrective Action Taken November N/A Deficiencies Noted Corrective Action Taken December N/A Deficiencies Noted Corrective Action Taken Complete semiannual and annual maintenance and inspection tasks. Prepare and submit annual report to City no later than April 30. Month Date Mowing (including removal of grass clippings) Monthly Trash and Debris Removal Trash and Debris Removal after rain events January N/A Deficiencies Noted Corrective Action Taken February N/A Deficiencies Noted Corrective Action Taken March N/A Deficiencies Noted Corrective Action Taken April Deficiencies Noted Corrective Action Taken May Deficiencies Noted Corrective Action Taken June Deficiencies Noted Corrective Action Taken Complete semiannual maintenance and inspection tasks. 12 ATTACHMENT D-2 STORMWATER DETENTION FACILITY SEMIANNUAL AND ANNUAL MAINTENANCE LOG 13 Site: Reporting Period: Monthly Tasks Checkactivitiesthathavebeendoneand addnotesasneeded.Attach additionalpagesifnecessary. Month Date Mowing (including removal of grass clippings) Monthly Trash and Debris Removal Trash and Debris Removal afterrain events Check for Illegal Dumping or Other Pollutants July DeficienciesNoted CorrectiveActionTaken August DeficienciesNoted CorrectiveActionTaken September DeficienciesNoted CorrectiveActionTaken October DeficienciesNoted CorrectiveActionTaken November N/A DeficienciesNoted CorrectiveActionTaken December N/A DeficienciesNoted CorrectiveActionTaken Completesemiannualandannualmaintenanceandinspection tasks. PrepareandsubmitannualreporttoCitynolaterthanApril30. Month Date Mowing (including removal of grass clippings) Monthly Trash and Debris Removal Trash and Debris Removal afterrain events Check for Illegal Dumping or Other Pollutants January N/A DeficienciesNoted Corrective Action Taken February N/A DeficienciesNoted Corrective Action Taken March N/A DeficienciesNoted Corrective Action Taken April DeficienciesNoted Corrective Action Taken May DeficienciesNoted Corrective Action Taken June DeficienciesNoted Corrective Action Taken Completesemiannualmaintenanceandinspectiontasks. ATTACHMENT D-3 STORMWATER RETENTION FACILITY MONTHLY MAINTENANCE LOG 14 ATTACHMENT D-4 STORMWATER RETENTION FACILITY SEMIANNUAL AND ANNUAL MAINTENANCE LOG 15 ATTACHMENT D-5 STORMWATER RETENTION FACILITY LONG TERM MAINTENANCE LOG Site: Reporting Period: Long-Term Inspection and Maintenance Provideanestimateofthesedimentationpercentageandnotesonthevisualappearance. Oncesedimentationreachesthe thresholds indicated below, note what corrective actions were taken and when. Year ForebaySedimentation &CapacityInspection Checkforobvious sedimentationeachyear, but performa thorough check starting in Year 5. When capacity reaches 50%, dewater and remove sedimentation. PondSedimentation &CapacityInspection Checkforobvioussedimentationeachyear,but performa thorough check starting in Year 10. When capacity has been reduced by 25%, dewater, remove sediment, and check pond lining for necessary repairs. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 16 ATTACHMENT D-6 EARTHEN CHANNEL MAINTENANCE LOG Monthly Tasks Check activities that have been done and add notes as needed. Attach additional pages if necessary. Annual Tasks Date Erosion Erosion Observed Repairs Made Siltation Silt Observed Silt Removed Structural Inspection Damage Observed Repairs Made Month Date Mowing (including removal of grass clippings) Monthly Trash and Debris Removal July Notes August Notes September Notes October Notes November N/A Notes December N/A Notes Month Date Mowing (including removal of grass clippings) Monthly Trash and Debris Removal January N/A Notes February N/A Notes March N/A Notes April Notes May Notes June Notes Site: Reporting Period: 17 ATTACHMENT E STORMWATER FACILITY ANNUAL REPORT Site Name Title Relationship to Site Date □Site meets all requirements of the Cityof Southlake's Design Criteria and Maintenance Requirements. (If site does not meet all requirements, complete section below.) Attach Maintenance Log and Notes. If deficiencies were noted on the Maintenance Log, list them below. If mitigated prior to date on this report, add date below. If mitigation is planned for a future date, provide the date of the planned mitigation. Mitigation shall be within 60 days of date of this report. For planned mitigation, a follow up report shall be submitted within 30 days of the planned mitigation. Deficiency Date of Mitigation Date of Planned Mitigation □All deficiencies have been corrected and site now meets all requirements of the City of Southlake's Design Criteria and Maintenance Requirements. Signature SPIN MEETING REPORT SPIN Item Number: SPIN2022-18 City Case Number: N/A Project Name: Stormwater Maintenance SPIN Neighborhood: City-wide Meeting Date: August 9, 2022 Meeting Location: 1400 Main Street, Southlake, TX City Council Chambers Total Attendance: 8 Hosts: Madeline Oujesky Applicant Presenting: Mandy Clark & Jeff Ginn, Phone: Jeff Ginn (817) 748-8100, Email: jginn@cityofsouthlake.com City Staff Present: Madeline Oujesky, Assistant to the Director Town Hall Forums can be viewed in their entirety by visiting http://www.cityofsouthlake.com and clicking on “I Want to” and “View” “Video on Demand” – forums are listed under SPIN by meeting date. FORUM SUMMARY: Property Situation: City-wide The City of Southlake is proposing an ordinance for post-construction stormwater maintenance. Development Details: Overview • Property owner completes the maintenance agreement template • Runs with the land (successors and assigns) • Includes an Operation and Maintenance Plan o Detention Ponds o Retention Ponds o Earthen Channels o Others may be developed as needed • Reviewed and approved by City Who does it impact? → New development, redevelopment, greater than 1 acre • Does not apply to existing sites Owner Responsibilities → Maintenance, inspection, documentation City Responsibilities → Discretionary inspection, enforcement Presentation: Questions and Concerns: Q: This ordinance would not apply to existing stormwater problems? A: Correct, this ordinance creates plans for new development and re-development moving forward. Speaking specifically to detention ponds. Q: Okay so just ponds. What about creeks? A: If it’s a graded earth and channel where the developer has come in and braided a channel, then this will apply. If it is a natural creek, this does not apply. Q: Who is the owner that submits and certifies? A: Whoever owns the property. They can delegate that to an operator, but ultimately it is their responsibility. Could be a builder or underlying owner. There could be cases where an HOA owns and manages it. Q: This is a proposal to the city to purchase services? A: No, the city hired us to create this ordinance. It is for any new development that occurs within the city that builds a new detention pond. Kathy Mast email: Can the residents get a copy of the stormwater slides? A: Yes, I believe so Kathy Mast email: Term owner refers to the owner of the new development? A: Yes, the owner of the land/property Kathy Mast email: If new development runoff results in trash downstream, are they required to clean it up? A: Not necessarily, that would be something staff would need to investigate. Might be a code compliance issue. This is mainly for the facility itself. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Southlake Connect Results for the August 9, 2022 SPIN Town Hall Forum