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O-2010-3216 amending Chapter 34-Environment
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O-2010-3216 amending Chapter 34-Environment
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Last modified
11/2/2016 3:39:29 PM
Creation date
1/30/2010 3:06:18 PM
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Legislative Records
Legislative Type
Ordinance
Date
1/25/2010
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<br />(a) If the SWQMP on which the SWQ permit is based includes one or more structural <br />controls, the SWQ permittee shall submit a certificate sealed by a professional engineer <br />licensed as such in Texas within 14 days after the structural controls specified in the <br />SWQMP for all or that part of the new development or significant redevelopment have <br />been installed. The certificate shall certify that all structural controls are in general <br />accordance with the plans and technical specifications in the SWQMP. At the same time <br />this certificate is filed, the SWQ permittee shall also submit an attestation that he has read <br />the SWQMP and agrees to adhere to the operation and maintenance requirements <br />specified therein. <br /> <br />(b) If the SWQMP on which the SWQ permit is based does not include one or more <br />structural controls, the SWQ permittee shall, before the issuance of a construction permit <br />for any structure on land included in the SWQMP, submit an attestation that he has read <br />the SWQMP and agrees to adhere to the operation and maintenance requirements <br />specified therein. <br /> <br />Sec. 34-262. Transfer of permit; third-party permittees. <br /> <br />(a) The provisions of this subsection (a) shall apply to subdivisions that include lots for <br />single-family residential use. Prior to the sale of the first lot in the subdivision or any <br />section thereof, the owner of land that is being subdivided, in whole or in part, into <br />single-family residential lots shall either: <br /> <br />(1) Transfer the obligation to comply with all requirements of this division to a <br />homeowners' association established for all or that part of the subdivision. The <br />homeowners' association must have fee simple title to all structural controls and, <br />at a minimum, an easement in favor of the homeowners' association allowing <br />access to maintain structural controls or to implement non-structural controls. <br />Further, the owner must require that any homeowners' association for the <br />subdivision have the authority to impose fees or otherwise generate monies to <br />fund operation and maintenance measures and bond requirements. After a <br />homeowners' association complying with the provisions of this subsection has <br />been established, the owner may seek to amend the SWQ permit pursuant to <br />section 34-243 of this Code to transfer the SWQ permit to the homeowners' <br />association. Until the city has approved the transfer to the homeowners' <br />association, the owner shall remain responsible for compliance with the <br />requirements of this division; or <br /> <br />(2) Transfer the obligation to comply with all requirements ofthis division to the city <br />pursuant to a structural control maintenance agreement. <br /> <br />(b) The provisions of this subsection (b) shall apply to all new development or significant <br />redevelopment that is not governed by subsection (a) above. The SWQ permit may be <br />transferred to a person other than the owner of the land subject to the SWQ permit if the <br /> <br />21 <br />
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