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SECTION 2. Section 86.523 of the San Marcos City Code is hereby amended to add the <br />definition set forth below. Added text is indicated by underlining. <br />Structural Control (or Practice) - A pollution prevention practice that <br />requires the construction of a device or the use of a device, to capture runoff or <br />prevent pollution in stormwater runoff. Structural controls and practices may <br />include but are not limited to: detention and retention ponds, wet ponds, <br />bioretention infiltration basins stormwater wetlands silt fences earthen dikes <br />drainage swales vegetative lined ditches vegetative filter strips, sediment traps, <br />check dams subsurface drains storm drain inlet protection, rock outlet protection, <br />reinforced soil retaining systems gabions and temporary or permanent sediment <br />bngins. <br />SECTION 3. Section 86.531 of the San Marcos City Code is hereby amended to read as <br />set forth below. Added text is indicated by underlining and deleted text is indicated by <br />strikethroughs. <br />Sec. 86.531. Maintenance and repair of permanent stormwater faeilities <br />structural controls. <br />(a) Control measures. The City of San Marcos has the authority to require <br />installation, implementation, inspection and maintenance of tow,,..,,,..,,.. <br />pin structural controls e ' measme.... ae—danee meeting or exceeding <br />the requirement of w4h the TPDES Phase II MS4 Permit TXR040000. <br />(b) Drainage easements. Drainage easements shall be required for <br />pefmanent sterY„water- management f „,i,+,es structural controls and recorded in <br />accordance with the city's LDC, Chapter 34-, Article 17. <br />(c) Maintenance covenants. All oOwner(s) of <br />management f edit (ies) structural controls shall be required to enter into a <br />maintenance covenant with the City of San Marcos including a schedule of <br />maintenance activities and plans for annual inspections to assess the functionality <br />of the structural control(s)faeility(ies). Maintenance covenants shall be recorded in <br />accordance with the city's LDC, Chapter 1, Articles 6 and 8. <br />(d) Requirements for annual inspections and reports. Owner(s) of <br />structural controls that discharge <br />or connect to the City of San Marcos stormwater utility (MS4) or discharge into <br />Waters of the United States within the City of San Marcos cit 1� must conduct, <br />at a minimum, anal inspection of each structural control faeility every hree <br />(3) years following a passing inspection beginning in 2020. The inspection report <br />must be prepared by a Texas -licensed engineer and the licensed engineer must be <br />chosen from a list of precertified engineers provided by the city. <br />