The purpose of this article is to provide for the health, safety, and general welfare of the citizens of Jersey Village through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The City of Jersey Village is regulated by the Texas Pollutant Discharge Elimination System (TPDES) through General Permit No. TXR040000 (the "general permit") administered by TCEQ. The general permit upholds all federal and state regulations through implementation of the city's Storm Water Management Program (SWMP). The provisions of this article are cumulative, and in addition to other regulations or rules of the city, that may be applicable to the development of property. The objectives of this article are:

(1)

To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user.

(2)

To prohibit illicit connections and discharges to the MS4.

(3)

To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article.

(Ord. No. 2009-38, § 1, 7-20-09; Ord. No. 2021-28, § 2(Exh. A), 7-19-21)

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Clearing means any activity which removes the vegetative surface cover.

Control plan means the specific measures and sequencing to be used controlling sediment and erosion on a development site both before, during and after construction.

Drainage way means any channel that conveys stormwater runoff throughout the site.

Erosion and sediment control plan and/or storm water pollution prevention plan (SWPPP) means a set of plans prepared by or under the direction of a licensed professional engineer indicating the specific measurements and sequencing to be used to control sediment and erosion on a development site during and after construction and/or re-development.

Erosion control means measures that prevent erosion.

Grading means excavation or fill of material, including the resulting conditions thereof.

Illicit connection means any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the city's storm sewer system including, but not limited to, any conveyance which allow any non-storm water discharge including wastewater, process wastewater and wash water to enter the storm sewer system and any connection to the storm sewer system from any indoor drain and sink, regardless of whether said drain or connection had been previously allowed, permitted or approved by the city; or any drain or conveyance connected from a commercial or industrial land use to the storm sewer system which has not been documented in plans, maps or equivalent records and approved by the city.

Illicit discharge means any discharge to a storm sewer system that is not entirely composed of storm water, except discharges pursuant to a NPDES or TPDES permit (other than the NPDES or TPDES permit for discharge from the municipal separate storm sewer system) and discharge resulting from emergency firefighting activities. This includes illegal dumping or the unauthorized discarding of solid waste on City property.

Perimeter means the area of a lot or tract of land that is both contiguous to the property lines and within 30 feet of the property lines.

Perimeter control means a barrier that prevents sediment from leaving a site either by filtering sediment-laden runoff, or diverting it to a sediment trap or basin.

Permit means a permit issued by the building official which entails the construction or alteration of ground.

Phasing (sequencing) means clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.

Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, ordinance, and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, bacteria (fecal, coliform, E. coli) and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Alternative definition may be dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, radioactive material, heat, wrecked, or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharges into any surface water in the state. The term "pollutant" does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated rangeland, pastureland, and farmland. For the purpose of this permit, the term "pollutant" includes sediment.

Sediment control means measures that prevent eroded sediment from leaving the site.

Site means a parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.

Site development means improvements and structures for the control of erosion, runoff and grading

Stabilization means the use of practices that prevent exposed soil from eroding.

Start of construction means the first land-disturbing activity associated with a development, including land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.

Watercourse means any natural or artificial body of surface water, including, but not limited to, bayous, creeks, lakes, ponds, rivers, sloughs and streams defined by a bed and banks.

Waterway means a channel that directs stormwater runoff to a watercourse, or to the public storm drain.

(Ord. No. 2009-38, § 1, 7-20-09; Ord. No. 2021-28, § 2(Exh. A), 7-19-21)

(a)

No person shall place or cause illicit discharge to be placed into any watercourse, waterway, storm drain or storm ditch. Illicit discharge includes but is not limited to grass, tree or yard clippings, construction debris, or any other sort of debris, trash, or rubbish.

(b)

No site development permit is required for the following activities:

(1)

Any emergency activity which is immediately necessary for the protection of life, property or natural resources; or

(2)

Existing nursery and agricultural operations conducted as a permitted main or accessory use.

(c)

Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee.

(d)

Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the erosion and sediment control plan.

(e)

The applicant shall file with city a faithful performance bond or bonds, letter of credit, or other improvement security in an amount deemed sufficient by the building official to cover all costs of improvements, landscaping, and maintenance of improvements for such period as specified by the city, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.

(f)

No person shall be granted a site development permit for land-disturbing activity which would require the uncovering of 2,500 or more square feet without the approval of an erosion and sediment control plan by the building official.

(g)

Review and approval.

(1)

The building official will review each application for a site development permit to determine its conformance with the provisions of this article. Within 30 days after receiving an application, the building official shall, in writing:

a.

Approve the permit application;

b.

Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or

c.

Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.

(2)

Failure of the building official to act on original or revised applications within 30 days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the building official. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the building official.

(3)

Any permit issued under this article shall expire six months following its issuance; provided, however, that the building official may extend a permit to complete work substantially completed under that permit.

(Ord. No. 2009-38, § 1, 7-20-09; Ord. No. 2011-14, § 4(Exh. D), 3-21-11; Ord. No. 2021-28, § 2(Exh. A), 7-19-21)

(a)

The erosion and sediment control plan and temporary drainage plan shall include:

(1)

A natural resources map identifying soils, forest cover, and resources protected under other chapters of this Code;

(2)

The map shall be at a scale no smaller than one inch = 40 feet and at an engineering scale;

(3)

The map shall include a tree survey of the perimeter, including the location of all trees with eight-inch caliper or more;

(4)

A sequence of construction of the development site, including stripping and clearing, rough grading, construction of utilities, infrastructure, and buildings, and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of clearing, installation of temporary erosion and sediment measures, and establishment of permanent vegetation;

(5)

All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and permanently, after completion of development of the site;

(6)

Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures; and

(7)

Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.

(8)

Areas designated for stock piles locations, borrow areas, and limits of grading.

(b)

Modifications to the plan:

(1)

Major amendments of the erosion and sediment control plan shall be submitted to the building official and shall be processed and approved, or disapproved, in the same manner as the original plans; or

(2)

Field modifications of a minor nature may be authorized by the building official by written authorization to the permittee.

(Ord. No. 2009-38, § 1, 7-20-09; Ord. No. 2011-14, § 4(Exh. D), 3-21-11)

(a)

The storm water pollution prevention plan shall be developed, submitted, implemented, and maintained in accordance with TPDES General Permit No. TXR150000 administered by TCEQ for qualified sites. This general permit is for those applicable construction sites located in the state of Texas that discharge stormwater associated with construction activity into surface water in the state. It shall include all provisions and requirements outlined in this general permit.

(b)

The city shall verify the existence of a storm water pollution prevention plan either during the building permit application process or while performing inspections. Through implementation of the city's SWMP, the city has the authority to issue notice of violation(s) if the SWPPP has not been developed, submitted, implemented, nor maintained in accordance with TPDES General Permit No. TXR150000.

(Ord. No. 2021-28, § 2(Exh. A), 7-19-21)

Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of Erosion Control BMPs, Texas Commission on Environmental Quality, August 2003, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the building official.

(1)

Clearing and grading.

a.

Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance all other chapters of this Code;

b.

Clearing techniques that retain natural vegetation and retain drainage patterns, as described in Erosion Control BMPs, Texas Commission on Environmental Quality, August 2003, shall be used to the satisfaction of building official;

c.

Phasing shall be required on all sites disturbing greater than 30 acres, with the size of each phase to be established at plan review and as approved by building official;

d.

Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized; and

e.

Cut and fill slopes shall be no greater than 2:1, except as approved by [the] building official to meet other community or environmental objectives.

(2)

Erosion control.

a.

Soil must be stabilized within five days of clearing or inactivity in construction;

b.

If vegetative erosion control methods, such as seeding, have not become established within two weeks, the building official may require that the site be reseeded, or that a nonvegetative option be employed;

c.

On steep slopes or in drainage ways, special techniques that meet the design criteria outlined in Erosion Control BMPs, Texas Commission on Environmental Quality, August 2003 shall be used to ensure stabilization;

d.

Soil stockpiles must be stabilized or covered at the end of each work day;

e.

Techniques shall be employed to prevent the blowing of dust or sediment from the site; and

f.

Techniques that divert upland runoff past disturbed slopes shall be employed.

(3)

Sediment controls.

a.

Sediment controls shall be provided in the form of settling basins or sediment traps or tanks, and perimeter controls;

b.

Where possible, settling basins shall be designed in a manner that allows adaptation to provide long term stormwater management; and

c.

Adjacent properties shall be protected by the use of a vegetated buffer strip, in combination with perimeter controls.

(4)

Waterways and watercourses.

a.

When a wet watercourse must be crossed regularly during construction, a temporary stream crossing shall be provided;

b.

When in-channel work is conducted, the channel shall be stabilized before, during and after work;

c.

All on-site stormwater conveyance channels shall be designed according to the criteria outlined in Erosion Control BMPs, Texas Commission on Environmental Quality, August 2003; and

d.

Stabilization adequate to prevent erosion must be provided at the outlets of all pipes and paved channels.

(5)

Construction site access.

a.

A temporary access road approved by the city on the construction plans shall be provided at all sites; and

b.

Other measures may be required at the discretion of building official in order to ensure that sediment is not tracked onto public streets by construction vehicles, or washed into storm drains.

(Ord. No. 2009-38, § 1, 7-20-09; Ord. No. 2011-14, § 4(Exh. D), 3-21-11)

(a)

The building official or designated agent shall make inspections as hereinafter required for those developing sites greater than 2,500 square feet or with cut and fill quantities greater than ten cubic yards and shall either approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the erosion and sediment control plan as approved. Plans for grading, stripping, excavating, and filling work approved by the building official shall be maintained at the site during the progress of the work. In order to obtain inspections, the permittee shall notify building official at least two working days before the following:

(1)

Start of construction;

(2)

Erosion and sediment control measures are in place and stabilized;

(3)

Site clearing has been completed;

(4)

Rough grading has been completed;

(5)

Final grading has been completed;

(6)

Close of the construction season; and

(7)

Final landscaping.

(b)

The permittee or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan(s) and/or storm water pollution prevention plan. The purpose of such inspections will be to determine the overall effectiveness of the plan(s), and the need for additional control measures. All inspections shall be documented in written form and submitted to [the] building official at the time interval specified in the approved permit. Inspections are required after any storm event to help ensure the erosion control measures are functioning as intended.

(c)

The building official shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under subsection (b).

(d)

Once the erosion control measure's function has been fulfilled, the measure shall be removed by the contractor and/or the developer. Approval from the city to remove the measure is required.

(Ord. No. 2009-38, § 1, 7-20-09; Ord. No. 2011-14, § 4(Exh. D), 3-21-11; Ord. No. 2021-28, § 2(Exh. A), 7-19-21)

(a)

Failure to comply.

(1)

No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to, or in violation of any terms of, this article;

(2)

A person commits an offense if the person intentionally or knowingly clears land, or causes the clearing of land, without a permit for such clearing of land as required by this article;

(3)

A person commits an offense if the person intentionally or knowingly clears land, or cause the clearing of land, in violation of the terms of a permit issued under this article; and

(4)

In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this article shall be required to bear the expense of such restoration.

(b)

Notice of violation. Whenever there is reasonable cause to believe that a person has violated a provision or failed to meet a requirement of this article, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

(1)

The performance of monitoring, analyses and reporting;

(2)

The elimination of illicit connections, illicit discharges, or illegal dumping;

(3)

The cessation of violating discharges, practices or illegal operations;

(4)

The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and

(5)

The implementation of source control or treatment best management practices. If abatement of a violation and/or restoration of affected property is required, the notice shall establish a deadline by which such remediation and/or restoration must be completed. The notice shall further advise that, should the violator fail to remediate and/or restore the affected property within the established deadline, the work will be done by the city or a contractor and the expense therefor shall be charged to the violator.

(c)

Stop-work order; revocation of permit.

(1)

The building official may issue a stop-work order for any clearing activity being conducted without a permit required by this article; and

(2)

In the event that any person holding a site development permit pursuant to this article violates the terms of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety or persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the building official may suspend or revoke the site development permit.

(Ord. No. 2009-38, § 1, 7-20-09; Ord. No. 2021-28, § 2(Exh. A), 7-19-21)