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Ord 2001-077
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Ord 2001-077
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Last modified
6/2/2008 1:41:22 PM
Creation date
7/10/2006 3:34:05 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2001-77
Date
10/8/2001
Volume Book
145
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<br />(1) ^ brief description of the features uncovered by the excavation. <br /> <br />The application must be accompanied by a geologic assessment of the features prepared by a <br />qualified geologist, and by a fee set by the city council. The geologic assessment must include <br />the geologist's recommendation for addressing the features, viith reference to the nature of the <br />excavation and any improvements proposed for placement in or near the excavation. The <br />recommendation may include the use of temporary or permancnt BMPs, or a change in the <br />charactcr or location of proposed improvements, or any other reasonable means of ensuring that <br />the regulated activities or improvements will not result in pollution to the aquifcr. <br /> <br />(c) The planning director 'Nill review each application under this section to determine whether <br />the applicant may proceed to implement the geologist's recommendation for addressing the <br />features. The planning dircctor may require the applicant to submit additional information <br />regarding the recommendation. The plar..ning director will approve the application unless the <br />director determines, in consultation 'Nith the engineering director, that the geologist's <br />recommendation will not provide adequate protection against potential pollution of the aquifer. <br />If an application is denied by the planning director, the applicant may submit a revised <br />application that includes an alternative recommendation from a qualified geologist for <br />addressing the features. <br /> <br />(d) If an application is approvcd, the applicant may proceed with the regulated activity. The <br />applicant must comply with and fully implement the geologist's recommendation for addressing <br />the features. <br /> <br />Sec. 94.517. Res{Jonsibilitv for maintenance of permanent BMPs Diseoyery of potcntial <br />scnsiti-lc feature during construetion. <br /> <br />(a) The holder must maintain the permanent BMPs after construction until such time as the <br />maintenance obligation is either assumed in writing by another entity having ownership or <br />control of the property (such as an owners association, a new property owner or lessee, a <br />district. or the city) or the ownership ofthe property is transferred to the entity. The other entity <br />will then be responsible for maintenance until another entity assumes the obligations in writing <br />or ownership is transferred, with notice to the planning director. A coPy of the documents <br />comprising the transfer of responsibility or ownership must be filed with the planning director <br />within 30 days after the transfer. <br /> <br />(b) The holder must submit a maintenance report to the planning director between November <br />1 st and December 31 st of each year. No fee will be charged by the city for the filing or review of <br />the report, but a late fee set by the city council will be charged to a holder if a submission is not <br />made by the due date. The report must be prepared by a Texas-licensed engineer and must <br />describe the following: <br /> <br />(1) An assessment of the condition of the BMP, current as of the date of the report. <br /> <br />(2) A history of maintenance activities performed on the BMP during the past year. <br /> <br />C:\TEMP\Edwards Regulations revision tinaLdoc <br /> <br />35 <br />
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