Item 6A - MemoItem 6A
Page 1 of 2
M E M O R A N D U M
(February 7, 2023)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Ordinance No. 1268, 2nd Reading, amending Chapter 9.5, Article
II, of the Southlake Code of Ordinances.
Action
Requested: Approve Ordinance No. 1268, 2nd 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 6A
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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, 2nd 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
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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.
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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
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(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,
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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
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(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
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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
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(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
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(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
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(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
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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
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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 __________________, 2023.
___________________________________
MAYOR
ATTEST:
___________________________________
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS ______ DAY OF
____________________, 2023.
___________________________________
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.
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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
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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]
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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).
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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.
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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
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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:
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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