Ord 2000-022 - Laserfiche WebLink

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increasing the impervious cover limit on the property. If the planning director determines that an application involves a violation of this subsection, the director will apply the impervious cover limitation for the entire tract of property, including those portions already developed, to the application. Sec. 94.525. Requirements and standards for construction, maintenance and operation of BMPs. (a) If impervious cover at the site of a regulated activity in the recharge zone is expected to equal or exceed 15 percent upon final completion of the project for which the regulated activity is being performed, permanent BMPs must be installed in accordance with approved subdivision construction plans or an approved development plat in order to mitigate the water quality impacts of the development. The permanent BMPs must limit the increase in the total suspended solids load in drainage from the site that results from the development to no more than 20 percent above that which would occur from natural drainage from the site. (b) All temporary and permanent BMPs called for in the approved subdivision construction plans or development plat must be constructed, operated and maintained in accordance with the standards, criteria and requirements in the TNRCC Edwards Aquifer rules and the TNRCC BMP guidance manual. Sec. 94.526. Responsibility for compliance. (a) The holder of the approved subdivision construction plans or development plat is responsible for compliance with this article and the terms and conditions of the approved plans or plat, including the construction, operation and maintenance of all temporary BMPs and permanent BMPs shown on the approved plans or plat or described in the accompanying technical report, through all phases of implementation. The holder is responsible for notifying all persons engaged in regulated activities on the site of the requirements of this article and the terms and conditions of the approved plans or plat, including the construction, operation and maintenance of all temporary BMPs and pemianent BMPs shown on the approved plans or plat or described in the accompanying technical report. Any failure to comply with any provision of this article or any term or condition of the approval by any person engaged in work on a regulated activity on the site will constitute a violation of this section by the holder and will subject the holder to enforcement under section 94.511. (b) Any person engaged in work on a regulated activity who violates any provision of this article or any term or condition of the approval of the subdivision construction plans or a development plat for the activity, including the construction, operation and maintenance of all temporary BMPs and permanent BMPs shown on the approved plans or plat or described in the accompanying technical report, violates this section and is subject to enforcement under section 94.511. Sec. 94.527. Responsibility for maintenance of permanent BMPs. (a) The holder shall be responsible for maintaining the permanent BMPs after construction until such time as the maintenance obligation is either assumed in writing by another entity having ownership or control of the property (such as an owners ass<;>ciation, a new property owner or lessee, a district, or the city) or the ownership of the property is transferred to the entity. The other entity shall then be responsible for maintenance until another entity assumes the obligations in writing or ownership is transferred, with notice to the planning director. A copy of the documents comprising the transfer of responsibility or ownership must be filed with the planning director within 30 days after the transfer. (b) The holder shall submit a maintenance report to the planning director between November 1 st and December 31 st of each year. No fee will be charged by the city for the filing or review of the report, but a late fee set by the city council will be charged to a holder if a submission is not made by the due date. The report shall be prepared by a Texas licensed professional engineer and shall describe the following: (1) An assessment of the condition ofthe BMP, current as of the date ofthe report. 14