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HomeMy WebLinkAboutOrdinance No. 11/17 Adopt iSWM Storm Water Management ORDINANCE NO. 11/17 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING SECTION 3.07.004 (b) OF THE CODE OF ORDINANCES BY ADOPTING THE INTEGRA TED STORM WATER MANAGEMENT PLAN CRITERIA MANUAL FOR SITE DEVELOPMENT' REDEVELOPMENT AND CONSTRUCTION OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS REGULATING THE DISCHARGE OF STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of University Park owns and operates a Municipal Separate Storm Sewer System (MS4) which discharges storm water to the waters of the United States; and, WHEREAS, Title 40 of the Code of Federal Regulations Part 122 (40 CFR part 122) requires the City to regulate storm water discharged into the City's Municipal Separate Storm Sewer System (MS4), to develop, implement, and enforce a storm water management program, and to use an ordinance or other regulatory mechanism to address storm water runoff from construction sites, and post-construction storm water runoff from new site development, redevelopment and construction projects; and, WHEREAS, the City recognizes the integrated Storm Water Management ("iSWM") program developed by the North Central Texas Council of Governments ("NCTCOG") addresses both storm water quantity and quality; and, WHEREAS, the City Council of the City of University Park, Texas, finds that it is to the benefit of the public health, safety, and welfare to amend its regulations relating to the quantity and quality of storm water into the City's MS4 ; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The Code of Ordinances, City of University Park, Texas, IS hereby amended by amending section 3.07.004 (b) to read as follows: "Sec. 3.07.004 Post-construction storm water management requirements; adoption of iSWM program (b) The "integrated Storm Water Management Criteria Manual for Site Development and Construction" ("iSWM"), promulgated by the NCTCOG and as may be amended from time to time, a true and complete copy of which is incorporated herein by reference, is hereby adopted as the City's official program for addressing storm water and drainage issues associated with new construction, site development and redevelopment. A true and complete copy of the Manual shall be kept on file and available at all times during regular business hours in the offices of the City Secretary and Director of Public Works. The BMP published in such Manual or by the Environmental Protection Agency ("EP A") guidance documents may be utilized to comply with this section." SECTION 2. The City of University Park agrees to participate in the iSWM program, adjusted to meet the City's guidelines, requirements and ordinances in the Local Provisions Boxes. SECTION 3. Penalties; Enforcement (A) That any person, firm or corporation violating any of the provisions or terms of this ordinance shall, upon conviction, be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense and each and every day such violation shall continue shall be deemed to constitute a separate offense. (B) The City may institute any appropriate actions or proceeding in a court of competent jurisdiction to enjoin the violation of this ordinance. Nothing in this ordinance shall preclude the City from seeking any and all injunctive or other relief allowed by state law cven if a criminal complaint has been filed based on the same incident or event. SECTION 4. In the event stricter rules or regulations are set forth elsewhere in this Code of Ordinances or are otherwise promulgated by the TCEQ or the EP A regarding the same subject matter affected by this Article, then the more stringent regulations shall apply. In the event any other provision of the Code of Ordinances or any Code adopted thereby relating to storm water pollution or discharge from a construction site irreconcilably conflicts with the provisions of this ordinance, the provisions of the Manual adopted by this ordinancc shall be controlling. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the ordinance in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide, and shall apply to construction, site development and redevelopment commenced by the filing of a permit application on or after DULY PASSED B'6~E CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ON THE AY OF &PrE.H/JERJ.Ol1. ~;~ City Attorney (rId, 8/4/11, 50582) APPROVED: 6-/ ~~. W. RICHARD DAVIS, MAYOR ATTEST: