City of Garland

Excerpt from the City of Garland Municipal Code

Division 8- Stormwater Management and Storm Sewer Requirements

B) Detention Requirements.

(1) Developments Requiring Detention.

Stormwater detention shall be addressed in the design, and implemented in the construction of, any new development or re-development having additional impervious cover of one acre or more, including any previous additions or modifications that increased the amount of imperviousness.

D) Retention Facilities & Amenity Ponds.

(1) Provisions.

A retention facility shall be designed and constructed to provide a permanent water storage volume and may provide additional volume as may be needed to temporarily store stormwater for detention purposes. A retention facility shall provide an outfall structure having a predetermined release rate.

(2) Amenity Ponds.

Amenity ponds may be constructed for aesthetic purposes, provided the amenity pond will not produce any adverse impacts to adjacent or downstream properties or to the MS4. Amenity ponds are not required to provide stormwater quality enhancement measures. However, if the amenity pond is used for any flood or stormwater quality purpose, then it shall be construed as a detention or retention pond, as applicable, and must comply with the applicable detention or retention pond provisions.

G) Maintenance Responsibilities

(1) Recurrent & Consistent Maintenance.

Detention and retention facilities and amenity ponds shall be adequately maintained on a recurrent and consistent basis by mowing, removing trash and debris, removing silt and sedimentation, grading, establishing and maintaining grass or other vegetation in order to provide stability for the structure, structural repair, mechanical repair, and such other activities as may be required to keep a facility covered by this Section 3.89 functioning in accordance with its original purpose and design. The affirmative defenses provided by Subsection 3.89(J)(3) do not apply to the requirements of this Subsection (G).

(2) Program for Permanent Maintenance.

The owner of a development containing a detention or retention facility, specifically including amenity ponds, shall establish a program that will provide for the permanent maintenance of the facility.

(a) The program may, for example, include the creation of a homeowners’ association or other permanently established entity having the ability to levy assessments or other means of providing a permanent source of revenue to fund the maintenance program and to perform, or cause to be performed, the activities required under the maintenance program.

(b) The maintenance program and the responsibilities to be undertaken pursuant to that program shall be described in a final operations and maintenance manual, a copy of which shall be provided to the City. The manual shall define the need for and purposes of the facility, describe the major components of the facility, create and mandate an inspection program and the ongoing maintenance procedures, identify all of the operational elements and features of the facility, and shall authorize the City to inspect the facilities for compliance. The contents of the manual shall be at least equivalent to the guidelines established in the “Garland Pond Operations and Maintenance Manual” (see the City’s Technical Standards).

(c) Additional requirements may be imposed due to unique or unusual circumstances as determined by the Director of Engineering.

(d) Any type of subdivision plat required for a particular development that contains a detention or retention facility shall delineate the maintenance responsibilities for the facilities.

(e) If a homeowners’ association is to provide maintenance for the facility, the maintenance responsibilities and a reference to the operations manual shall be included in the deed restrictions and covenants of the association.

(f) A signed and notarized Maintenance Acknowledgement is an integral part of the Operations & Maintenance (O&M) Manual required for all developments containing a detention, retention, or amenity pond. The party signing the document acknowledges and agrees to be responsible for the performance and maintenance of the detention, retention or amenity pond defined in the O&M Manual. A new, signed, and notarized Maintenance Acknowledgement shall be provided to the City any time there is a change in the responsible party.

J) Enforcement Remedies

(1) Civil Remedies.

Pursuant to Sec. 54.012(4) of the Texas Local Government Code, Subchapter B of Chapter 54, Texas Local Government Code, providing for the enforcement of certain ordinances through the imposition of civil penalties and injunction, is hereby made applicable to any violation of this Section 3.89.

(2) Criminal Penalties.

A person who violates any provision of this Section shall be strictly liable for such violation regardless of the presence or absence of a culpable mental state and shall, upon conviction, be subject to a fine of not more than $2,000.00 per violation, per day.

(3) Affirmative Defenses.

Unless otherwise provided in this Section, it shall be an affirmative defense to a prosecution under this Section if:

(a) The detention facility, retention facility, or amenity pond that is the basis of the violation existed or was under construction prior to May 1, 2002; or(b) The facility is located on property used primarily for agricultural purposes if the facility is at least three hundred feet from any public street, park, or property zoned for residential or commercial uses.

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