08-20-2013 Amended Agenda with backup
MEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
August 20, 2013, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
AMENDED AGENDA
TUESDAY, AUGUST 20, 2013 AT 6:00 P.M.
Call to Order ? Regular Session
Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Pastor Andy Hostetler ? Discovery Church Cibolo)
City Events and Announcements
Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
Announcements and recognitions by City Manager (J. Kessel)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker?s register prior to the meeting. Presentations should be limited to no
3
more than minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while addressing
the Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of
specific factual information given in response to any inquiry, a recitation of existing policy in
response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding
officer, during the Hearing of Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Workshop
Discussion and consideration and/or action regarding parking prohibitions along
sections of streets with medians and landscape islands. (B. James/L. Busch)
Discussion regarding the Natatorium. (B. James/K. Tapley)
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Consent Agenda Items
The Consent Agenda is considered to be self-explanatory and will be enacted by the Council
with one motion. There will be no separate discussion of these items unless they are removed
from the Consent Agenda upon the request by the Mayor or a Councilmember.
Ordinance No. 13-E-29
1.?Consideration and/or action approving an Ordinancecalling an
Election to be held on November 5, 2013 for the purpose of electing Councilmembers for
Place 3, Place 4 and Place 5 for said City; making provision for the conduct of the
Election; authorizing contracts with the Elections Administrators of Bexar, Comal, and
GuadalupeCounties to conduct this Election; authorizing the Election to be held as a
Joint Election; resolving other matters incident and related to such Election; and
Final Reading
declaring an effective date. (J. Kessel/B. Dennis)
Ordinance No. 13-F-26
2.? Consideration and/or action approving an Ordinance
amending the City?s Drought Contingency Ordinanceby adding Section XI.2: Single-
Pass Cooling System Connections and Non-Recirculating Systems Prohibited;
establishing penalties for the violation of and provisions for enforcement of these
restrictions; establishing procedures for granting variances; and providing severability
Final Reading
and an effective date (J. Bierschwale/J. Hooks)
Discussion and Action Items
Public Hearings on Proposed Budget for FY 2013-14
3.? Conduct a public hearing and
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consideration and/or action regarding the adoption of the FY 2013-14 Budget. (First
required public hearings) (J. Kessel/J. Walters)
Public Hearings on Proposed Tax Rate
4.? Conduct a public hearing and consideration
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and/or action regarding the adoption of the FY 2013-14 Tax Rate. (First required public
hearings) (J. Kessel/J. Walters)
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Ordinance No. 13-S-30 ?
5.Conduct a public hearing and consideration and/or action
amending Part III, Schertz Code of Ordinances,Article 11 Section 21.11.9B of the
Unified Development Code (UDC) of the City of Schertz, Texas; repealing all
Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an
First Reading
effective date. (B. James/M. Sanchez)
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Ordinance No. 13-M-31 ?
6.Conduct a public hearing and consideration and/or action
amending the Code of Ordinances,Part III,Unified Development Code, Article 13 ?
Land Disturbing Activities and Drainage; repealing all Ordinances or parts of Ordinances
in conflict with this Ordinance; providing an effective date; and declaring an emergency.
First & FinalReading
(B. James/L. Busch)
Roll Call Vote Confirmation
Requests and Announcements
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7. Announcements by City Manager
Citizen Kudos
Recognition of City employee actions
New Departmental initiatives
8. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
9. Requests by Mayor and Councilmembers to City Manager and Staff for information.
10. Announcements by Mayor and Councilmembers
City and community events attended and to be attended
City Council Committee and Liaison Assignments (see assignments below)
Continuing education events attended and to be attended
Recognition of actions by City employees
Recognition of actions by community volunteers
Upcoming City Council agenda items
Executive Session
Called under:
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation; and Consultations with the City Attorney regarding advice on
legal matters;
Section 551.072 Texas Government Code - Deliberation regarding the purchase,
exchange, sale, lease, or value of real property, or real estate;
Section 551.074 Texas Government Code - Deliberation regarding personnel matters,
policies, duties, employment, and evaluation of certain public officials and employees;
Section 551.087 Texas Government Code ? Deliberation regarding Economic
Development Negotiations.
Reconvene into Regular Session
11. Take any actiondeemed necessary as a result of the Executive Session.
Adjournment
CERTIFICATION
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I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO
HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON
THE OFFICIAL BULLETIN BOARDS ON THIS THE 16th DAY OF AUGUST 2013 AT 4:30
P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES
AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551,
TEXAS GOVERNMENT CODE.
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Brenda Dennis CPM, TRMC, MMC, City Secretary
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2013.
____________________________Title:__________________________
This facility is accessible in accordance with the Americans with Disabilities Act.
Handicapped parking spaces are available. If you require special assistance or
have a request for sign interpretative services or other services please call 210 619-
1030 at least 24 hours in advance of meeting.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor CarpenterMayor Pro-Tem Fowler ? Place 1
Audit Committee Interview Committee for Boards and Commissions
Hal Baldwin Scholarship Committee Schertz Housing Board Liaison
Interview Committee for Boards and Commissions
Investment Advisory Committee
TIRZ II Board
Councilmember Scagliola ? Place 2Councilmember Antuna - Place 3
Animal Control Advisory Committee ASA Commuter Rail District Board ? Lone Star
Cibolo Valley Local Government Corporation Randolph Joint Land Use Study (JLUS) Executive
Interview Committee for Boards and Commissions Committee
Sweetheart Advisory Committee Schertz Seguin Local Government Corporation
Councilmember Edwards ? Place 4Councilmember ? Verinder ? Place 5
Audit CommitteeAudit Committee
Hal Baldwin Scholarship Committee Investment Advisory Committee
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Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: August 20, 2013
Department: City Secretary
Ordinance No. 13-E-29
Subject: - Calling the
November 5, 2013 City of Schertz Joint
Election with the City of Cibolo, Cibolo
Creek Municipal Authority, Green Valley
Special Utility District and the Schertz,
Cibolo, Universal City (SCUCISD)
Independent School District and approving
the Guadalupe County Election Contract,
Comal County Election MOU and Contract,
and Bexar County Election MOU and
Final Reading
Contract
BACKGROUND
Since Schertz voters changed the City?s General Election from May to November in November
2012, the City Secretary?s office has been working with the Elections Administrators of
Guadalupe, Comal and Bexar counties to prepare for the November 2013 elections. Other cities,
counties, districts, state and federal elections will be held that day as well. We have discussed
placing Schertz on election ballots in each of the three counties thereby reducing voter confusion
as to where to vote for Early Voting and on Election Day.
In the past, entities such as SCUC, Cibolo, Green Valley SUD, and CCMA would contract with
Schertz to run their elections. We used paper ballots and voted on the second Saturday in May.
We would host early voting at one location and then Election Day voting at one location. Votes
were tallied and sent to the other entities. Following the Presidential Election of 2004, Congress
passed the Help America Vote Act (HAVA) that essentially mandated that elections be held
using computer touchscreen voting equipment. Many entities that decided to hold elections
suddenly were faced with purchasing equipment or contracting with a County Elections
Administrator to run the election for them. Schertz chose to utilize Guadalupe County Elections
Administrator for our City election. Since Schertz voters decided to move the election to
November, the City has the opportunity to place our ballot along with Federal, State, County,
Special District, and School District.
As with the last November charter election, there was some voter confusion that came about as
voters who lived in Bexar and Comal counties had to visit an Early Voting location in two
locations and Election Day in one location, but two machines. This issue will only become more
difficult as development and more voters become registered in Comal and Bexar county portions
of the City. This is not ideal for voter participation. After discussing this issue with Election
Administrators in the three counties, staff is recommending signing agreements with each county
to run the City ballot in each county. What this means is that a person registered in one County
will go to that County?s Early Voting sites for Early Voting and then to their usual precinct on
Election Day and vote one ballot with Schertz?s ballot at the bottom of the longer ballot.
City Council Memorandum
Page 2
The City Secretary has taken the lead to work with Schertz-Cibolo-Universal City Independent
School District, Cibolo Creek Municipal Authority, Green Valley Special Utility District, and the
City of Cibolo about the future of elections in our jurisdictions, many of which are in more than
one County. Discussions have revolved around these entities to sign agreements each with
Bexar, Comal, and/or Guadalupe counties for their respective elections. By holding elections
this way, many benefits are realized:
Entities will divide the costs proportionately thereby creating a savings to each entity
Utilize common Early Voting and Election Day poll locations
Utilize common voting equipment
Utilize common voting clerks
Reduce Voter confusion and difficulty by only having to go to one location for all
elections
Open more Early Voting locations within the different counties
On election night, the City Secretary will take results from the three counties and tally the results
for posting at City Hall and on the City web site.
Tonight?s action will authorize staff to finalize agreements with Bexar, Comal, and Guadalupe
counties and their respective Election Administrators to conduct the City election.
Council approved first reading at their meeting of August 13, 2013.
FISCAL IMPACT
Estimated Costs are:
$ 6,264.50 Comal County (If we were the only entity)
$16,948.80 Guadalupe County (If we were the only entity)
$ 2,776.84 Bexar County (Our shared estimated cost)
By comparison, the November 2012 election cost $19,049.95, plus advertising costs of
$7,167.00.
RECOMMENDATION
It is recommended Council approve Final Reading of Ordinance No. 13-E-29 calling the
November 5, 2013 City of Schertz General Election and approving contracts with the Elections
Administrators of Comal County, Guadalupe County, and Bexar County to conduct the election.
ATTACHMENTS
Ordinance No. 13-E-29
Contract for Elections Services Agreement ? Comal County
Contract for Elections Services Agreement ? Guadalupe County
Memorandum of Understanding and Elections Services Agreement ? Comal and Bexar County
ORDINANCE NO. 13-E-29
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, CALLING AN ELECTION TO BE HELD ON NOVEMBER 5, 2013 FOR
THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACE 3, PLACE 4
AND PLACE 5 FOR SAID CITY; MAKING PROVISION FOR THE CONDUCT
OF THE ELECTION; AUTHORIZING CONTRACTS WITH THE ELECTIONS
ADMINISTRATORS OF BEXAR, COMAL, AND GUADALUPE COUNTIES TO
CONDUCT THIS ELECTION; AUTHORIZING THE ELECTION TO BE HELD
AS A JOINT ELECTION; RESOLVING OTHER MATTERS INCIDENT AND
RELATED TO SUCH ELECTION; AND DECLARING AN EFFECTIVE DATE
WHEREAS, pursuant to Section 9.01(a) of the Home Rule Charter (the
CharterCity
??) of the City of Schertz, Texas (the ??), the regular elections of the City
shall be held on the uniform election date in November of each calendar year, with the
elections for Councilmembers for Place 3, Place 4, and Place 5 occurring in November
2013; and
Council
WHEREAS, the City Council of the City (the ??) hereby finds and
determines that holding a regular election on November 5, 2013, which is the uniform
election date in November prescribed under the Texas Election Code, for the purpose of
electing the Councilmembers for Place 3, Place 4, and Place 5 is in accordance with the
provisions of the Charter and is in the best interests of the citizens of the City; and
WHEREAS, the Council hereby finds and determines that a regular election
should be held in the City on November 5, 2013, for the purpose of electing the
Councilmembers for Place 3, Place 4, and Place 5; and
WHEREAS, the City will contract with the Bexar County Elections
Administrator, the Comal County Elections Administrator, and the Guadalupe County
Elections Administrators
Elections Administrator (collectively, the ??) to conduct this
election; and
WHEREAS, the City Secretary shall publish and post notice of this election as
required by applicable law.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS THAT:
Section 1.An election shall held on November 5, 2013 in and throughout the
City, for the purpose of electing the Councilmembers for Place 3, Place 4, and Place 5,
which places are currently held by (i) Councilmember George Antuna, Jr. ? Place 3, (ii)
Councilmember Cedric Edwards ? Place 4, and (iii) Councilmember Sydney Verinder ?
Place 5.
Section 2.At said election, the candidate receiving the most votes for
Councilmember for Place 3, Place 4, or Place 5, respectively, is declared elected for a
term to expire in November 2015. Any candidate desiring to have his or her name on the
Official Ballot for said election shall, no sooner than July 29, 2013, and no later than
August 26, 2013, file with the City Secretary an application in writing in the form
prescribed by the Texas Election Code requesting that his or her name be placed on the
Official Ballot and declaring as a candidate for Councilmember for Place 3, Place 4, or
Place 5. Any person failing to file said written application for candidacy by the time
aforesaid shall not be entitled to have his or her name printed on the Official Ballot. The
name of all eligible candidates whose applications have been duly and timely filed shall
be placed on the ballot pursuant to a drawing as provided by law.
Section 3.Pursuant to Section 61.012, Texas Election Code, as amended, the
City shall provide at least one accessible voting system in each polling place used in the
election. Such voting system shall comply with Texas and federal laws establishing the
requirement for voting systems that permit voters with physical disabilities to cast a
secret ballot. Touch screen machines may be used for early voting and Election Day
voting by personal appearance. Certain early voting may be conducted by mail. The
Station
Elections Administrators shall also utilize a Central Counting Station (the ??) as
provided by Section 127.001, et seq., Texas Election Code, as amended. Comal County
Election Administrator Julie Kassab, Bexar County Election Administrator Jacque
Callanen, and Guadalupe County Administrator Sue Basham will serve as the Managers
and Presiding Judges of the Stations, will appoint the Election Judges and Station Clerks
for each Station location, and will establish a written plan for the orderly operation of the
Station locations in accordance with the provisions of the Texas Election Code. The
Elections Administrators will appoint the Tabulation Supervisors which will also serve as
the Programmers for the Stations. Lastly, the Elections Administrators will publish
notice and conduct testing on the automatic tabulation equipment relating to the Stations
and conduct instruction for the officials and clerks for the Stations in accordance with the
provisions of the Texas Election Code.
Section 4.The City election precincts established for this election shall be the
Exhibit A
precincts named on attached hereto. A list of the City election precincts and
Exhibit A
the polling places designated for each such election precinct are identified on
to this Ordinance, and this exhibit is incorporated by reference for all purposes. At least
63 days prior to the scheduled election date, the Council, in coordination with the
Elections Administrators, will identify and formally approve the appointment of the
Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election
officials for this election.
Each Presiding Judge shall appoint not less than two (2) resident qualified voters
of the County to act as clerks to properly conduct the election. However, if the Presiding
Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the
clerks. The appointment of such clerks may include a person fluent in the Spanish
language to serve as a clerk to render oral aid in the Spanish language to any voter
desiring such aid at the polls on the day of the election. In the absence of the Presiding
Judge named above, the Alternate Presiding Judge shall perform the duties of the
Presiding Judge.
Exhibit A
The election shall be held at the precinct locations listed on on
Tuesday, November 5, 2013, as prescribed by applicable law, and, on the day of the
election, the polls shall be open from 7:00 a.m. to 7:00 p.m.
The Bexar County Elections Office, 203 W. Nueva, Ste. 3.61, San Antonio, Texas
78207, the Comal County Elections Office, 178 E. Mill Street, Suite 101, New Braunfels,
Texas 78130, and the Guadalupe County Elections Office, 1101 Elbel Road, Schertz,
Texas 78154, are hereby designated as the main early voting places at which early voting
shall be conducted for those living respectively in Bexar, Comal, and Guadalupe
Counties. Jacquelyn Callanen, the Elections Administrator of Bexar County (whose
mailing address is 203 W. Nueva, Ste. 3.61, San Antonio, Texas 78207), Julie Kassab,
the Elections Administrator of Comal County (whose mailing address is 178 E. Mill
Street, Suite 101, New Braunfels, Texas 78130), and Sue Basham, the Elections
Administrator of Guadalupe County (whose mailing address is Post Office Box 1346,
Seguin, Texas 78156) are hereby appointed as the Early Voting Clerks to conduct such
early voting in the election in accordance with the provisions of the Texas Election Code.
Each Early Voting Clerk shall appoint not less than two (2) Deputy Early Voting Clerks
in accordance with the provisions of the Texas Election Code.
Early voting shall be conducted from Monday, October 21, 2013 through Friday,
November 1, 2013, with the exception of certain Saturdays, Sundays, and official State
holidays. The locations and hours for the early voting are attached to this Ordinance on
Exhibit A
.
Applications for ballots by mail must be received by the Early Voting Clerks of
the appropriate Counties not later than the close of business on Friday, October 25, 2013.
An Early Voting Ballot Board for each County is hereby established for the
purpose of processing early voting results.Julie Kassab, Elections Administrator of
Comal County, Jacquelyn Callanen, Elections Administrator of Bexar County, and Sue
Basham, Elections Administrator will appoint the Presiding Judges of the applicable
Early Voting Ballot Board. Each Presiding Judge shall appoint not less than two (2) nor
more than ten (10) resident qualified voters of the applicable County to serve as members
of the applicable Early Voting Ballot Board.
Section 5.The anticipated fiscal impact of conducting the election is
currently estimated to be $25,990.14.
Section 6.All resident qualified voters of the City shall be permitted to vote
at the early voting locations in their County of residence, and on the day of the election,
such voters shall vote at any one of the applicable designated polling places. The election
shall be held and conducted in accordance with the provisions of the Texas Election
Code, as amended, and as may be required by any other law. All election materials and
proceedings shall be printed in both English and Spanish.
Section 7.A substantial copy of this Ordinance shall serve as a proper notice
of the election. This notice, including a Spanish translation thereof, shall be posted at the
City Hall not less than twenty-one (21) days prior to the date the election is to be held,
and be published in a newspaper of general circulation in the City, (a) not more than
thirty (30) days, and not less than ten (10) days prior to the day of the election, and (b)on
the same day in each of two successive weeks with the first publication occurring not less
than fourteen (14) full days prior to the day of the election.
Section 8.The Council authorizes the City Manager, or his/her designee, to
negotiate and enter into one or more joint election agreements with other governmental
organizations in accordance with the provisions of the Texas Election Code in such form
as shall be approved by the City Manager, or his/her designee, and the City Attorney.
Section 9.The Council authorizes the City Manager, or his/her designee, to
negotiate and enter into contracts with the Elections Administrators to conduct the
election in accordance with the provisions of the Texas Election Code in such form as
shall be approved by the City Manager, or his/her designee, and the City Attorney.
Section 10.The recitals contained in the preamble hereof are hereby found to
be true, and such recitals are hereby made a part of this Ordinance for all purposes and
are adopted as a part of the judgment and findings of the Council.
Section 11.All ordinances and resolutions, or parts thereof, which are in
conflict or inconsistent with any provision of this Ordinance are hereby repealed to the
extent of such conflict, and the provisions of this Ordinance shall be and remain
controlling as to the matters ordered herein.
Section 12.This Ordinance shall be construed and enforced in accordance with
the laws of the State of Texas and the United States of America.
Section 13.If any provision of this Ordinance or the application thereof to any
person or circumstance shall be held to be invalid, the remainder of this Ordinance and
the application of such provision to other persons and circumstances shall nevertheless be
valid, and this Council hereby declares that this Ordinance would have been enacted
without such invalid provision. The Council hereby authorizes the Mayor and the City
Manager of the City to make such technical modifications to this Ordinance that are
necessary for compliance with applicable Texas or federal law or to carry out the intent
of this Council, as evidenced herein.
Section 14.It is officially found, determined, and declared that the meeting at
which this Ordinance is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered at such meeting,
including this Ordinance, was given, all as required by Chapter 551, Texas Government
Code, as amended.
Section 15.This Ordinance shall be in force and effect from and after its final
passage and any publication required by law.
* * * *
PASSED AND APPROVED on first reading this 13th day of August, 2013.
PASSED, APPROVED, AND ADOPTED on second and final reading this _______, day
of August, 2013.
Michael R. Carpenter, Mayor
ATTEST:
____________________________________
Brenda Dennis TRMC, MMC, City Secretary
(SEAL OF CITY)
EARLY VOTING LOCATIONS
(SITIOS DE VOTACIÓN ANTICIPADA)
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MAIN LOCATION: Landa Offices
178 E. Mill St. Ste. 101
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NEW BRAUNFELS, TX 78130
DATES and HOURS:
October 21-25, 2013 ? 8 a.m. to 5:00 p.m.
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(21-25 de octubre de 2013 - 8 a.m. - 5:00 p.m.)
October 26, 2013 ? 9 a.m. to 1 p.m.
(26 de octubre de 2013 ? 9 a.m. ? 1 p.m.)
October 28-30, 2013 ? 8 a.m. to 5 p.m.
¢
28-30 de octubre de 2013 ? 8 a.m. - 5 p.m.)
October 31, 2013 ? 7 a.m. to 7 p.m.
(31 de octubre de 2013 - 7 a.m. - 7 p.m.)
November 1, 2013 ? 6 a.m. to 6 p.m.
(1 de de 2013 - 6 a.m. - 6 p.m.)
noviembre
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Garden Ridge City Hall October 21-22, 2013 ? 8 a.m. ? 5:00 p.m.
9400 Municipal Parkway
(21-22
de octubre de 2013 ? 8 a.m. ? 5:00 p.m.)
Garden Ridge, Texas 78266
Bulverde/Spring Branch Library October 24-25, 2013 ? 10 a.m. to 5:00 p.m.
131 Bulverde Crossing
(24-25 de octubre de 2013 - 10 a.m. ? 5:00 p.m.)
Bulverde, Texas 78163
CRRC Community Center October 29-30, 2013 ? 8 a.m. to 5:00 p.m.
125 Mabel Jones Dr.
(29-30 de octubre de 2013 - 8 a.m. - 5:00 p.m.)
Canyon Lake, Texas 78133
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ELECTION PRECINCT AND ELECTION DAY POLLING LOCATIONS
(PRECINTOS DE LA ELECCIÓN Y LUGARES DE VOTACIÓN EL DÍA DE LA ELECCIÓN)
PCTPOLLING PLACEADDRESSCITY
(PCTO)( LUGAR DE VOTACIÓN) (DIRECCIÓN) (CIUDAD)
Comal County Senior Citizens
101, 401 655 Landa New Braunfels
Center
103, 203 Freedom Fellowship Church 410 Oak Run Point New Braunfels
105, 106 Canyon Lake Golf Club 405 Watts Lane Canyon Lake
201, 202 Peace Lutheran Church 1147 S. Walnut Ave. New Braunfels
102, 204 Bulverde Community Center 1747 E. Ammann Rd. Bulverde
Jay F. Feibelman Garden Ridge
20521340 FM 3009 Garden Ridge
Community Center
30501 Johnson Way @ FM
206Johnson Ranch Elementary School Bulverde
1863
301, 302,
St. Paul Lutheran Church 181 South Santa Clara Ave. New Braunfels
303
104, 402 Church in the Valley 14181 FM 306 Canyon City
304, 305 Frazier Elementary School1441 E. Hwy 81 New Braunfels
403Fischer Community Center 12400 FM 32 Fischer
404, 406 Cross Lutheran Church 2171 E. Common St. New Braunfels
405Spring Branch Baptist Church 11755 Highway 281 N Spring Branch
NOVEMBER 5, 2013
2013 CONSTITUTIONAL AMENDMENT JOINT ELECTION
(2013 ENMIENDA CONSTITUCIONAL ELECTORAL CONJUNTA EN EL CONDADO DE COMAL)
GUADALUPE COUNTY, TEXAS
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402 Schertz Community Center, 1400 Schertz Parkway, Schertz
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Knights of Columbus Hall, 509 Schertz Pkwy., Schertz
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Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo
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NOVEMBER 5, 2013
CITY OF SCHERTZ
GENERAL ELECTION
BEXAR COUNTY, TEXAS
2013 CONSTITUTIONAL AMENDMENT JOINT ELECTION
(2013 ENMIENDA CONSTITUCIONAL ELECTORAL CONJUNTA EN EL CONDADO DE COMAL)
NOVEMBER 5, 2013
5 de noviembre de 2013
THE HOURS OF EARLY VOTING WILL BE: (LAS HORAS Y FECHAS DE VOTACION
ADELANTADA SERAN:)
Monday, October 21 thru Friday, October 25, 2013...............................8:00 a.m. to 6:00 p.m.
Lunes 21 de octubre de 2013 hasta viernes 25 de octubre de 2013....8:00 a.m. to 6:00 p.m.
Saturday, October 26, 2013....................................................................10:00 a.m. to 6:00 p.m.
Sabado 26 de octubre de 2013...............................................................10:00 a.m. to 6:00 p.m.
Sunday, October 27, 2013.....................................................................12:00 noon to 6:00 p.m.
Domingo27 de octubre de 2013..........................................................12:00 noon to 6:00 p.m.
Monday, October 28 thru Friday, November 1, 2013?.........................8:00 a.m. to 8:00 p.m.
Lunes28de octubre de 2013 hasta viernes 1 de noviembre de 2013.8:00 a.m. to 8:00 p.m.
October 21, 2013 ? November 1, 2013
SUNMON TUESWEDTHURSFRISAT
20212223242526
****** *******
****** ****** ****** ******
2729
28 ******* 303112
******* *******
******* ******* *******
5
346789
ELECTION
DAY
Legend: ******** Indicates dates open for early voting
Main Early Voting Location:(Localidad Principal de Votacion Adelantada:)
BEXAR COUNTY JUSTICE CENTER....................................................... 300 Dolorosa
DEAFLINK available for the hearing impaired
In addition to the main early polling place, early voting will be conducted at the following
locations: (Ademas de la localidad principal, votacion adelantada se llevara a cabo en
las siguiente localidades:)
BROOKHOLLOW LIBRARY?????????????????????.530 Heimer Road
CASTLE HILLS CITY HALL ...............209 Lemonwood Dr.
(SE CORNER OF COUNCIL CHAMBERS)
CLAUDE BLACK CENTER........................................................................2805 East Commerce
CODY LIBRARY........................................................................................11441 Vance Jackson
COLLINS GARDEN LIBRARY..............................................................................200 North Park
CONVERSE ED KNEUPPER JUSTICE CENTER???..????????. 402 S. Seguin Rd
COPERNICUS COMMUNITY CENTER?????????????????. 5003 Lord Rd.
EAST CENTRAL ISD ADMIN BUILDING...............................6634 New Sulphur Springs Road
FAIR OAKS RANCH CITY HALL? (COUNCIL CHAMBERS)???..??..7286 Dietz Elkhorn
GREAT NORTHWEST LIBRARY?????????????????...........9050 Wellwood
HENRY A. GUERRA, JR. LIBRARY......................................?.?.???7978 W Military Drive
JOHN IGO LIBRARY????...................................................... 13330 Kyle Seale Parkway
JOHNSTON LIBRARY..............................................................................6307 Sun Valley Drive
JULIA YATES SEMMES LIBRARY @ Comanche Lookout Park.............15060 Judson Road
LAS PALMAS LIBRARY.............................................................................515 Castroville Road
LEON VALLEY COMMUNITY CENTER????????.????????.6421 Evers Road
LION?S FIELD.......................................................................................................2809 Broadway
MAURY MAVERICK, JR. LIBRARY.................................................................8700 Mystic Park
MCCRELESS LIBRARY?????..???????.????????..? 1023 Ada Street
MEMORIAL LIBRARY??????????????????????????3222 Culebra
MISSION LIBRARY??????...??????????????..???100 Roosevelt Ave.
NORTHSIDE ACTIVITY CENTER............................................................................7001 Culebra
OLMOS PARK CITY HALL ??????????????????.120 West El Prado Drive
PARMAN LIBRARY@Stone Oak???????????????.?. 20735 Wilderness Oak
SHAVANO PARK CITY HALL? (COUNCIL CHAMB)..???????... 900 Saddletree Ct
SOMERSET HIGH SCHOOL.................................................7650 South 1604 West, Somerset
SOUTH PARK MALL??????????????????????.??2310 S.W. Military
TOBIN LIBRARY @OAKWELL????????????????... . 4134 Harry Wurzbach
UNIVERSAL CITY ? CITY HALL.................................................... 2150 Universal City Blvd.
WINDCREST TAKAS PARK CIVIC CENTER?????..????.?.??...9310 Jim Seal Dr.
WONDERLAND MALL OF THE AMERICAS @ CROSSROADS ???..4522 Fredericksburg
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For more information contact the office of the Bexar County Elections Administrator,
Jacquelyn F. Callanen, at (210) 335-VOTE (8683)
(Para mas informacion comuniquese con oficina del Condado de Bexar Administrador de
Elecciones, Jacquelyn F. Callanen, al telefono (210) 335-VOTE (8683)
subject to change
(sujeto a cambio)
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: August 20, 2013
Department: Public Works
Subject:Ordinance No. 13-F-26 ?
Amending the City?s
Drought Contingency Ordinance by adding
Section XI.2: Single-Pass Cooling System
Connections and Non-Recirculating Systems
Prohibited; establishing penalties for the violations
of and provisions for enforcement of these
restrictions; establishing procedures for granting
variances; and providing severability and an
Final Reading.
effective date.
BACKGROUND
Texas Water Development Board (TWDB) requires all cities to have a water conservation plan on file
to satisfy the requirements of 30TAC Chapter 288. The City of Schertz adopted an amended Water
Conservation Ordinance 09-F-21 on June 23, 2009. The guidelines set forth by the TWDB for the
conservation plan include a strategy or a combination of strategies for reducing the consumption of
water, reducing the loss of waste of water, improving or maintaining the efficiency in the use of water,
or increasing recycling and reuse of water. It contains Best Management Practices (BMP) measures to
try to meet the targets and goals identified in the plan.
In February 2013, the Public Works Department was notified by the Edwards Aquifer Authority that
our Conservation Plan did not meet the new Best Management Practices (BMP) requiring that new
single-pass cooling system connections and new non-recirculating systems for commercial laundry
systems are prohibited.
Staff reviewed the deficiency with the Edwards Aquifer Authority and found that this is a new
requirement that all cities must add to their conservation plan. Even though the City only utilizes the
Edwards Aquifer for emergency purposes, the City should comply with the conservation requirements
set forth.
After further review, Staff determined that there was need to also add language to the Conservation
Plan that would allow for the enforcement of the requirement of all automated care wash facilities to
implement recycle technology. Staff agrees that these additions to the Conservation Plan will
additionally help to protect our water sources for the future of the City.
City Council approved this item on its first reading on August 13, 2013.
Goal
To ensure that the City of Schertz is in compliance with the Conservation requirements set forth by the
Edwards Aquifer Authority?s Municipal Conservation Plan as well as ensure that the City?s Drought
Contingency and Conservation Plans are up-to-date with the most current requirements.
Community Benefit
Through proper Drought Contingency and Conservation Plans, the City will be able to properly serve
the residents with reliable drinking water and adequate pressure for years to come.
Summary of Recommended Action
Staff recommends approval of final reading of Ordinance 13-F-26 Amending the City?s Drought
Contingency Ordinance No. 09-F-21 by adding a new Section XI.2: Single-Pass Cooling System
Connections and Non-Recirculating Systems Prohibited.
FISCAL IMPACT
No fiscal impact.
RECOMMENDATION
Staff recommends Council approve Ordinance 13-F-26 on the final reading.
ATTACHMENTS
Ordinance 13-F-26
Amended Water Conservation Plan
ORDINANCE NO. 13-F-26
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS,
AMENDING THE CITY?S DROUGHT CONTINGENCY
ORDINANCE BY ADDING SECTION XI.2: SINGLE-PASS
COOLING SYSTEM CONNECTIONS AND NON-
RECIRCULATING SYSTEMS PROHIBITED; ESTABLISHING
PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR
ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING
PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Schertz, Texas (the ?City?) recognizes that the amount of water
available to the City and its water utility customers is limited and subject to depletion during
periods of extended drought;
WHEREAS, the City recognizes that natural limitations due to drought conditions and other
acts of nature cannot guarantee an uninterrupted water supply for all purposes;
WHEREAS, the City Council had previously adopted Ordinance No. 09-F-21, establishing a
Drought Contingency and Water Emergency Response Plan;
WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of the Texas
Commission of Environmental Quality along with requirements of 30 TAC Chapter 288
require all public water supply systems in Texas to prepare a drought contingency and water
conservation plan; and
WHEREAS, all required public hearings have been held; and
WHEREAS, as authorized under law, and in the best interests of the citizens of Schertz,
Texas, the City Council deems it expedient and necessary to amend the City?s rules and
policies for the orderly and efficient management of limited water supplies continually and
more aggressively during drought and other water supply emergencies;
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SCHERTZ, TEXAS:
Section 1. That the City Council hereby amends Ordinance No. 09-F-21 by adding
and adopting the following new Section XI.2 to the City?s Drought Contingency and Water
Emergency Response Plan:
Section XI.2: Single-Pass Cooling System Connections and Non-
?
Recirculating Systems Prohibited
Single-pass cooling system connections and non-recirculating systems for
commercial laundry facilities, carwash facilities, and other business activities
shall be prohibited in all facilities built or remodeled after the effective date
of this Section XI.2.?
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as
a part of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Ordinance and the
application of such provision to other persons and circumstances shall nevertheless be valid,
and the City hereby declares that this Ordinance would have been enacted without such
invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this
Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof
and any publication required by law.
of August 2013.
PASSED ON FIRST READING, the 13th
PASSED, APPROVED, AND ADOPTED ON SECOND READING the ____ day of August
2013.
APPROVED:
____________________________
Michael Carpenter, Mayor
ATTESTED TO:
__________________________
Brenda Dennis, City Secretary
(Seal of City)
Drought Contingency and Water Emergency
Response Plan
For
The City of Schertz
Public Water Supply
DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN
FOR THE
CITY OFSCHERTZ
Section I: Declaration of Policy, Purpose, and Intent
In order to conserve the available water supply and protect the integrity of water supply facilities,
with particular regard for domestic water use, sanitation, and fire protection, and to protect and
preserve public health, welfare, and safety and minimize the adverse impacts of water supply
shortage or other water supply emergency conditions, the City of Schertz hereby adopts the
following Drought Contingency and Water Emergency Response Plan (the Plan).
Water uses regulated or prohibited under the Plan are considered to be non-essential, and
continuation of such uses during times of water shortage or other emergency water supply condition
are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in
Section XII and XIII of the Plan.
Section II: Public Involvement
Opportunity for the public to provide input into the preparation of the Plan was provided by the City
of Schertz by means of scheduling and providing public notice of a public meeting to accept input
on the Plan.
Section III: Public Education
The City of Schertz will periodically provide the public with information about the Plan, including
information about the conditions under which each stage of the Plan is to be initiated or terminated
and the drought response measures to be implemented in each stage. This information will be
provided by means of the City web site, newsletter and utility bill messages.
Section IV: Coordination with Regional Water Planning Groups
The service area of the City of Schertz is located within the Schertz Seguin Local Government
Corporation (SSLGC) and Edwards Aquifer Authority. The City of Schertz has provided a copy of
this Plan to the Edwards Aquifer Authority, Texas Water Development Board, SSLGC and San
Antonio River Authority representing Region ?L? for the State.
Section V: Authorization
The City Manager or his/her designee is hereby authorized and directed to implement the applicable
provisions of the Plan upon determination that such implementation is necessary to protect public
health, safety and welfare. The City Manager, or his/her designee, shall have the authority to
initiate or terminate drought or other water supply emergency response measures as described in
this Plan.
1
Section VI: Application
Provisions of the Plan shall apply to all persons, customers, and property utilizing water provided by
the City of Schertz.The terms?person? and?customer? as used in the Plan include individuals,
corporations, partnerships, associations, and all other legal entities.
Section VII: Definitions
,
For the purposes of the Planthe following definitions shall apply:
Aesthetic Water Use:Water used for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
Athletic Field: A sports play field including playgrounds whose essential feature is a grass turf,
other than a golf course.
(a)Conforming athletic field ? An athletic field with an approved groundwater
conservation plan under section XI of this Plan.
(b)Non-conforming athletic field ? Any other athletic field that is not a conforming
athletic field.
Commercial and Institutional Water Use: Water use which is integral to the operations of
commercial and non-profit establishments and governmental entities, public or private schools,
retail establishments, hotels and motels, restaurants, office buildings and
Homeowner/Neighborhood Associations.
Conservation: Those practices, techniques, and technologies that reduce the consumption of water,
reduce the loss or waste of water, improve the efficiency in the use of water or increase the
recycling and reuse of water so that a supply is conserved and made available for future or
alternative uses.
Customer: Any person, company, or organization using water supplied by City of Schertz.
Domestic Water Use: Water use for personal needs or for household or sanitary purposes such as
drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or
institution.
Golf Course: An area of land used for the game of golf.
(a)Conforming Golf Course ? A golf course with an approved groundwater
conservation plan pursuant to Section X of this Plan.
(b)Non-conforming golf course ? Any other golf course that is not a conforming golf
course.
2
Hand-held Watering: A hose or bucket physically attended by a person, fitted with a manual or
automatic shutoff nozzle.
Industrial Water Use: The use of water in processes designed to convert materials of lower value
into forms having greater usability and value.
Landscape irrigation use: Water used for the irrigation and maintenance of landscaped areas,
whether publicly or privately owned, including residential and commercial lawns, gardens, golf
courses, parks, and rights-of-way and medians, but does not include:
(a)Non-discretionary use without waste of groundwater by a commercial nursery to the extent
the water is used for production rather than decorative landscaping;
(b)Application of groundwater without waste to a non-commercial family garden or orchard,
the produce of which is for household consumption only;
(c)Application of groundwater by means of hand-held bucket, hand-held hose; soaker hose or
properly installed drip irrigation system; and
(d) Application of groundwater by means of a soaker hose, hand-held hose, or properly
installed drip irrigation system immediately next to a concrete foundation solely for the
purpose of preventing, to the extent the watering is necessary, substantial damage to the
foundation of the structure caused by movement of the foundation.
Mobile Home Communities: Property owned by an individual or commercial establishment who
rents such property for mobile or manufactured homes placement; must comply with the
requirements and restrictions as a ?Customer? in this section.
Non-essential Water Use: Water uses that are not essential or required for the protection of public,
health, safety, and welfare, including:
(a) Irrigation of landscape areas, including parks, athletic fields, and golf courses, except
otherwise provided under this Plan;
(b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(c) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts,
or other hard-surfaced areas;
(d)use of water to wash down buildings or structures for purposes other than immediate fire
protection;
(e)flushing gutters or permitting water to run or accumulate in any gutter or street;
(f)use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type
pools;
(g)use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to
support aquatic life;
(h)failure to repair a controllable leak(s) within a reasonable period after having been given
notice directing the repair of such leak(s); and
3
(i)use of water from hydrants for construction purposes or any other purposes other than fire
fighting.
Formatted: Indent: Left: 15 pt, No
bullets or numbering
Private Water Well: Well on private property that is not inter-connected with the City?s water.
Re-Use Water: A treated non-potable water source used for irrigation.
Wasting Water: Watering a non-pervious surface or landscape watering that goes beyond a
customer?s property. Waste of water also includes, but is not limited to, allowing water to run off
into a gutter, ditch or drain, or failing to repair a controllable leak.
Section VIII: Triggering Criteria for Initiation and Termination of Drought Restriction
Stages
The City Manager, or his/her designee, shall monitor water supply and/or demand conditions on a
daily basis and shall determine when conditions warrant initiation or termination of each stage of
the Plan. Public notification of the initiation or termination of drought response stages shall be by
means of publication in local newspaper and/or signs posted in public places.
The triggering criteria described below are based on the analysis of system capability and the rules
of the Gonzales Underground Water Conservation District (GCUWCD) and SSLGC. In the event
that SSLGC can not provide water, the City of Schertz will immediately implement Stage 4
restrictions.
Stage 1 ? Restrictions?MILD Water Shortage Conditions
Requirements for Initiation ? It is mandatory that customers conserve water and adhere to the
prescribed restrictions on certain water uses, defined in Section VII ? Definitions, when one or all of
the following are reached
(a)City of Schertz receives notification from the General Manager of SSLGC of Stage 1
conditions.
(b)Water demand is projected to approach 100% of the monthly limit of the GCUWCD
permitted supply.
(c)Annual Monthly Average Drawdown as measured by GCUWCD rules equals 85% of
allowable.
(d)The City?s water system has malfunctioned, but is still able to keep up with demand.
-
Requirements for TerminationStage 1 of the Plan may be rescinded when all of the conditions
listed as triggering events have ceased to exist for a period of thirty (30) consecutive days or when
rescinded by the City Manager or his/her designee.
Stage 2 ? Restrictions -- MODERATE Water Shortage Conditions
4
Requirements for Initiation - Customers shall be required to comply with the requirements and
restrictions on certain non-essential water uses provided in Section VII of the Plan when one or all
of the following are reached:
(a)City of Schertz receives notification from the General Manager of SSLGC of Stage 2
conditions.
(b)Water demand is projected to approach 110% of the monthly limit of the GCUWCD
permitted supply.
(c)Annual Monthly Average Drawdown as measured by GCUWCD rules equals 95% of
allowable.
(d)The City?s water system has malfunctioned, and cannot keep up with demand.
-
Requirements for TerminationStage 2 of the Plan may be rescinded when all of the conditions
listed as triggering events have ceased to exist for a period of thirty (30) consecutive days or when
rescinded by the City Manager or his/her designee. Upon termination of Stage 2, Stage 1 becomes
operative.
Stage 3 ? Restrictions -- SEVERE Water Shortage Conditions
Requirements for Initiation - Customers shall be required to comply with the requirements and
restrictions on certain non-essential water uses for Stage 3 of the Plan when one or all of the
following are reached:
(a)City of Schertz receives notification from the General Manager of SSLGC of Stage 3
conditions.
(b)Water demand is projected to approach 120% of the monthly limit of the GCUWCD
permitted supply.
(c)Annual Monthly Average Drawdown as measured by GCUWCD rules equals 100% of
allowable.
(d)Water quality is less than normal or is polluted. Health and safety standards may be
jeopardized.
(e)The imminent or actual failure of a major component of the City?s water system would
cause immediate health and safety hazard.
-
Requirements for TerminationStage 3 of the Plan may be rescinded when all of the conditions
listed as triggering events have ceased to exist for a period of thirty (30) consecutive days or when
rescinded by the City Manager or his/her designee. Upon termination of Stage 3, Stage 2 becomes
operative.
Stage 4 ? Emergency Restrictions -- CRITICAL Water Shortage Conditions Including
System or Water Quality Failure
Requirements for Initiation - Customers shall be required to comply with the requirements and
restrictions for Stage 4 of the Plan when the Mayor, or his/her designee, determines that a water
supply emergency exists based on:
5
(a)The General Manager of SSLGC, with concurrence of the SSLGC Executive Committee
or Board of Directors, finds that conditions warrant the declaration of Stage 4.
(b)Water demand exceeds 125% of the monthly limit of the GCUWCD permitted supply.
(c)Annual Monthly Average Drawdown as measured by GCUWCD rules exceeds 115% of
allowable.
(d)Major water line breaks, or pump or system failures occur, which cause unprecedented
loss of capability of the City to provide water service.
(e)Natural or man-made contamination of the water supply source(s).
Requirements for TerminationStage 4 of the Plan may be rescinded when all of the conditions
?
listed as triggering events have ceased to exist for a period of thirty (30) consecutive days, or when
items (d) and (e) above have been repaired.
Water Rationing
Requirements for Initiation - Customers shall be required to comply with the water rationing
allocation plan prescribed in Section XIII of the Plan when the Mayor and City Council determine
that the water supply emergency exists and comply with the requirements and restrictions for Stage
4 of the Plan when:
(a) Extreme drought conditions exist;
(b) Major water line breaks, or pump or system failures occur, which cause
or
unprecedented loss of capability to provide water service;
(c) Natural or man-made contamination of the water supply source occurs.
Requirements for TerminationWater rationing may be rescinded when all of the conditions
-
listed as triggering events have ceased to exist for a period of thirty (30) consecutive days
or when rescinded by the City Manager or his/her designee.
Section IX:
1.Wasting Water:
(a) It shall be unlawful for any person or customer to waste water.
(b) Year round outdoor watering between 10:00 am ? 8:00 pm is prohibited.
(c)It shall be a violation if a person or customer allows water to run off into a non-
pervious ditch, or failure to repair a controllable leak.
(d)Re-use water usage is exempt from the plan.
(e)Customers using water from a private water well must comply with all requirements
of the plan.
6
2. Drought Response Stages
The City Manager, or his/her designee, shall monitor water supply and/or demand conditions on a
daily basis and, in accordance with the triggering criteria set forth in Section VIII of the Plan, shall
determine that Stage 1, 2, 3 or 4 conditions exist and shall implement the following actions upon
publication of notice in a newspaper of general circulation and/or signs posted in public places and
city web site:
Stage 1 ? Restrictions -- MILD Water Shortage Conditions
Goal: Achieve a mandatory ten percent (10%) reduction in daily water demand.
Supply Management Measures:
Director of Public Works shall be responsible for overseeing theeduction or discontinued
r
flushing of water mains, activation and use of an alternative supply source(s), use of reclaimed
water for non-potable purposes, and blending of alternate sources.
Water Use Restrictions: Under the threat of penalty for violation, the following water use
restrictions shall apply to all persons:
(a)Water customers shall comply with mandatory limits of irrigation of landscape
areas. Watering days will be based on the last digit of the address:
0-1- Monday
2-3 - Tuesday
4-5- Wednesday
6-7- Thursday
8-9 - Friday
(b)Athletic Fields and Golf Courses ?
Conforming 10% reduction in watering as per Section X & XI.
Non-conforming 15% reduction in watering as per Section X & XI.
(c)Commercial/Industrial/Schools/Institutional landscape watering is permitted on
Wednesday only.
(d)Watering of landscape is permitted only between the hours of 12:00 am to 10:00 am
and 8:00 pm to midnight on designated watering days.
(e) All operations of the City of Schertz shall adhere to water use restrictions prescribed
for Stage 1 of the Plan.
(f) Water customers are requested to practice water conservation and to minimize or
discontinue water use for non-essential purposes.
7
(g) Handheld, bucket or drip system is allowed.
(h) New landscape may have 3 weeks variance for establishment. All variances must be
reviewed and approved by the City Manager or Director of Public Works or their
designee.
(i)Operation of any ornamental fountain or pond for aesthetic or scenic purposes is
prohibited except where necessary to support aquatic life or where such fountains or
ponds are equipped with a re-circulation system.
Stage 2 ? Restrictions -- MODERATE Water Shortage Conditions
Goal: Achieve a fifteen percent (15%) reduction in daily water demand.
Supply Management Measures:
Director of Public Works shall see thateduced or discontinued flushing of water
r
mains, reduced or discontinued irrigation of public landscaped areas; use of blending
an alternative supply source(s); use of reclaimed water for non-potable purposes.
Water Use Restrictions Under threat of penalty for violation, the following water use
:
restrictions shall apply to all persons, along with previous restrictions from Stage 1:
(a)Water customers shall comply with mandatory limits of irrigation of landscape
areas. Watering days will be based on the last digit of the address:
0-1- Monday
2-3 - Tuesday
4-5 - Wednesday
6-7 - Thursday
8-9 - Friday
(b) Athletic Fields and Golf Courses-
Conforming 15% reduction watering as per Section X & XI.
Non-conforming 20% reduction watering as per Section X & XI.
(c) Commercial/Industrial/Schools/Institutional landscape watering is permitted on
Wednesday only.
(d) Watering of landscape is permitted only between the hours of 3:00 am to 8:00 am
and 8:00 pm to 10:00 pm.
(e) Filling of all new and existing swimming pools is prohibited, unless at least 30%
of the water is obtained from a source other than the aquifer. Groundwater may
be used to replenish swimming pools to maintenance levels. Draining of
8
swimming pools is permitted only onto a pervious surface or onto a pool deck
where the water is transmitted directly to a pervious surface, and only if
necessary to:
(1)Remove excess water from the pool due to rain to lower the water to the
maintenance level;
(2)Repair, maintain, or replace a pool component that has become hazardous;
or
(3)Repair a pool leak.
(f) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is
prohibited except where necessary to support aquatic life or where such fountains
or ponds are equipped with a recirculation system.
(g) Use of water from fire hydrants shall be limited to fire fighting and related activities,
or other activities necessary to maintain public health, safety, and welfare, except
that use of water from designated fire hydrants for construction purposes may be
allowed under special permit from the City of Schertz.
(h)All restaurants are prohibited from serving water to its patrons except when
requested.
(i) The following uses of water are defined as non-essential and are prohibited:
1.Wash down of any sidewalks, walkways, driveways, parking lots, tennis courts,
or other hard-surfaced areas;
2.Use of water to wash down buildings or structures for purposes other than
immediate fire protection;
3.Use of water for dust control;
4.Flushing gutters or permitting water to run or accumulate in any gutter or street;
and
5.Failure to repair a controllable leak(s) within a reasonable period after having
been given notice directing the repair of such leak(s).
Deleted:
¶
Stage 3 ? Restrictions -- SEVERE Water Shortage Conditions
Formatted: Indent: Left: 54 pt,
Hanging: 18 pt
Goal: Achieve a twenty-five percent (25%) reduction in daily water demand.
Deleted:
¶
Supply Management Measures:
Director of Public Works shall see thateduced or discontinued flushing of water
r
mains, reduced or discontinued irrigation of public landscaped areas; use of blending
an alternative supply source(s); use of reclaimed water for non-potable purposes.
Water Use Restrictions All requirements of Stages 1 & 2 shall remain in effect during
:
Stage 3 except:
9
(a)Landscape watering is prohibited except by handheld watering or drip irrigation
during designated watering days as described in Stage 1 & 2.
(b)The watering of golf course is prohibited unless the golf course utilizes a reuse water
source.
(c)The use of water for construction purposes from designated fire hydrants under
special permit is to be discontinued.
(d)The filling, refilling, or adding of water to swimming pools, wading pools, and
jacuzzi-type pools are prohibited.
(e)Operation of any ornamental fountain or pond for aesthetic or scenic purposes is
prohibited except where necessary to support aquatic life or where such fountains or
ponds are equipped with a recirculation system.
(f)No applications for additional, expanded, or increased-in-size water service
connections, meters, service lines, pipeline extensions, mains, or water service
facilities of any kind shall be allowed or approved.
(g)Application of groundwater in the morning before 8:00 am and in the evening after
8:00 pm by means of a handheld bucket, handheld hose, soaker hose or properly
installed drip irrigation system, immediately next to a concrete foundation solely for
the purpose of preventing, and to the extent the watering is necessary to prevent,
substantial damage to the foundation or the structure caused by movement of the
foundation.
(h ) Athletic field - Conforming 25% reduction watering as in Section XI
Non-conforming 30% reduction watering as in Section XI.
Stage 4 Emergency Restrictions -- CRITICAL Water Shortage Conditions
-
Goal: Achieve a forty percent (40%) reduction in daily water demand.
Supply Management Measures:
Director of Public Works shall see thateduced or discontinued flushing of water
r
mains, reduced or discontinued irrigation of public landscaped areas; use of blending
an alternative supply source(s); use of reclaimed water for non-potable purposes.
Water Use Restrictions: All requirements of Stages 1,2, and 3 shall remain in effect during
Stage 4 except:
(a)Irrigation of landscaped areas is absolutely prohibited.
10
(b)Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle is absolutely prohibited.
(c)Implementation of additional drought contingency measures may be applied at the
direction of the City of Schertz.
Section X: Golf Courses
Notwithstanding any other language in the Plan, the owners of golf courses that are applicants or
customers of an applicant shall be required to submit a groundwater conservation plan and shall
be defined as "conforming" and "non- conforming" and shall reduce usage of aquifer
groundwater under the following terms:
1.It shall be unlawful to water any golf course between the hours of 10:00 am and 8:00
pm.
2. A conforming golf course is one that achieves enhanced conservation by utilizing a
computer controlled irrigation system ("CCIS"), or similar system, which may be
comprised of a computer controller (digital operating system), software, interface
modules, satellite, field controller, soil sensors, weather station, or similar devices,
which is capable of achieving maximum efficiency and conservation in the application
of water to the golf course, must accomplish the following restrictions listed in
subparagraphs (A)-(C) of this paragraph
:
(A) Stage 1 Restrictions ? 10% reduction in the replacement of daily
evapotranspiration rate ("ET rate") or daily soil holding capacity; or use of not more than
95% of the metered amount for that corresponding month.
(B) Stage 2 Restrictions ? 15% reduction in the replacement of daily (ET) rate or
daily soil holding capacity; or use of not more than 90% of the metered amount for that
corresponding month.
(C) Stage 3 Restrictions - 25% reduction in the replacement of daily (ET) rate or
daily soil holding capacity, or use of not more than 75% of the metered amount for that
corresponding month.
(D) Stage 4 Restrictions ? 40% reduction in the replacement of daily ET rate or
daily soil holding capacity not to exceed 60% of metered amount.
(3) A non-conforming golf course shall comply with the following reduction measures
listed in paragraphs (A)-(C) of this subsection:
(A) Stage 1 Restrictions - 15% reduction in the replacement of daily ET rate as
monitored by a properly operating CCIS or use of not more than 95% of the metered
amount for that corresponding month for golf courses that are not equipped with a CCIS;
11
(B) Stage 2 Restrictions - 20% reduction in the replacement of daily ET rate as
monitored by a properly operating CCIS or use of not more than 90% of the metered
amount for that corresponding month for golf courses that are not equipped with a CCIS;
(C) Stage 3 Restrictions - 30% reduction in the replacement of daily ET rate as
monitored by a properly operating CCIS or use of not more than 85% of the metered
amount for that corresponding month for golf courses that are not equipped with a CCIS.
(D) Stage 4 Restrictions ? 40% reduction in the replacement of daily ET rate as
monitored by a properly operating CCIS or use of not more than 60% of the metered
amount for that corresponding month for golf courses that are not equipped with a CCIS;
(4) The owner or operator of a golf course must comply with all rules relating to Stage 3
and 4.
(5) The owner or operator of a golf course must maintain daily water use records which
must be available for inspection upon request.
(6) The owner or operator of a conforming golf course or a golf course with a CCIS must
maintain daily water use records of their ET rate or daily soil holding capacity, which
must be available for inspection upon request.
(7) All daily records must be kept on site.
Section XI: Athletic Fields
Notwithstanding any other language in the Plan, the owners of athletic fields that are applicants
or customers of an applicant shall be required to submit a groundwater conservation plan and
shall be defined as "conforming" or "non- conforming" and shall reduce usage of City supplied
groundwater under the following terms:
1.It shall be unlawful to water any athletic field between the hours of 10:00 am and
8:00 pm
2. A conforming athletic field is one that achieves enhanced conservation by utilizing a
CCIS, or similar system, which may be comprised of a computer controller (digital operating
system), software, interface modules, satellite, field controller, soil sensors, weather station, or
similar devices, which is capable of achieving maximum efficiency and conservation in the
application of water to the athletic field, must accomplish the following restrictions listed in
subparagraphs (A)-(C) of this paragraph
:
(A) Stage 1 Restrictions ? 10% reduction in the replacement of daily
evapotranspiration rate ("ET rate") or daily soil holding capacity, or use of not more than
95% of the metered amount for that corresponding month.
12
(B) Stage 2 Restrictions ? 15% reduction in the replacement of daily ET rate or
daily soil holding capacity; or use of not more than 90% of the metered amount for that
corresponding month,
(C) Stage 3 Restrictions - 25% reduction in the replacement of daily ET rate or
daily soil holding capacity, or use of not more than 75% of the metered amount for that
corresponding month.
(D) Stage 4 Restrictions ? 40% reduction in the replacement of daily ET rate or
daily soil holding capacity, not to exceed 60% of metered amount.
(3) A non-conforming athletic field shall comply with the foI1owing reduction measures
listed in paragraphs (A)-(C) of this subsection:
(A) Stage 1 Restrictions - 15% reduction in the replacement of daily ET rate as
monitored by a properly operating CCIS, or use of not more than 95% of the metered
amount for that corresponding month for athletic fields that are not equipped with a
CCIS;
(B) Stage 2 Restrictions - 20% reduction in the replacement of daily ET rate as
monitored by a properly operating CCIS, or use of not more than 90% of the metered
amount for that corresponding month for athletic fields that are not equipped with a
CCIS;
(C) Stage 3 Restrictions - 30% reduction in the replacement of daily ET rate as
monitored by a properly operating CCIS, or use of not more than 85% of the metered
amount for that corresponding month for athletic fields that are not equipped with a
CCIS.
(D) Stage 4 Restrictions ? 40% reduction in the replacement of daily ET rate as
monitored by a properly operating CCIS or use of not more than 60% of the metered
amount for that corresponding month for athletic fields that are not equipped with a
CCIS.
(4) The owner or operator of an athletic field must comply with all rules relating to Stage
3 and 4.
(5) The owner or operator of an athletic field must maintain daily water use records,
which must be available for inspection upon request.
(6) The owner or operator of a conforming athletic field or an athletic field with a CCIS
must maintain daily water use records of their ET rate or daily soil holding capacity,
which must be available for inspection upon request.
(7) All daily records must be kept on site.
13
Section XI.2: Single-Pass Cooling System Connections and Non-Recirculating Systems
Prohibited
Single-pass cooling system connections and non-recirculating systems for commercial laundry
facilities, carwash facilities, and other business activities shall be prohibited in all facilities built or
remodeled after the effective date of this Section XI.2.
Section XII: Water Rationing
In the event that water shortage conditions threaten public health, safety, and welfare, the Mayor is
hereby authorized to require water ration watering according to the following water allocation plan:
Single-Family Residential Customers
The allocation to residential water customers residing in a single-family dwelling shall be as
follows:
Persons per Household Gallons per Month
1 or 2 6,000
3 or 4 7,000
5 or 6 8,000
7 or 8 9,000
9 or 10 10,000
11 or more 12,000
?Household? means the residential premises served by the customer?s meter. ?Persons per
household? includes only those persons currently physically residing at the premises and expected
to reside there for the entire billing period. It shall be assumed that a particular customer?s
household is comprised of two (2) persons unless the customer notifies the City of Schertz of a
greater number of persons per household on a form prescribed by the Director of Public Works.
The Director of Public Works shall give his/her best effort to see that such forms are mailed,
otherwise provided, or made available to every residential customer. If, however, a customer does
not receive such a form, it shall be the customer?s responsibility to go to the City of Schertz offices
to complete and sign the form claiming more than two (2) persons per household. New customers
may claim the number of persons per household at the time of applying for water service on the
form prescribed by the Director of Public Works. When the number of persons per household
increases so as to place the customer in a different allocation category, the customer may notify the
City of Schertz on such form and the change will be implemented in the next practicable billing
period. If the number of persons in a household is reduced, the customer shall notify the City of
Schertz in writing within two (2) days. In prescribing the method for claiming more than two (2)
persons per household, the Director of Public Works shall adopt methods to insure the accuracy of
the claim. Any person who knowingly, recklessly, or with criminal negligence falsely reports the
number of persons in a household or fails to timely notify the City of Schertz of a reduction in the
number of person in a household shall be fined not less than $200.00. Residential water customers
shall pay the following surcharges:
14
$2.00 for the first 1,000 gallons over allocation.
$3.00 for the second 1,000 gallons over allocation.
$4.00 for the third 1,000 gallons over allocation.
$5.00 for each additional 1,000 gallons over allocation.
Surcharges shall be cumulative.
Master-Metered Multi-Family Residential Customers
The allocation to a customer billed from a master meter which jointly measures water to multiple
permanent residential dwelling units (e.g., apartments, mobile homes) shall be allocated 6,000
gallons per month for each dwelling unit. It shall be assumed that such a customer?s meter serves
two dwelling units unless the customer notifies the City of Schertz of a greater number on a form
prescribed by the Director of Public Works. The Director of Public Works shall give his/her best
effort to see that such forms are mailed, otherwise provided, or made available to every such
customer. If, however, a customer does not receive such a form, it shall be the customer?s
responsibility to go to the City of Schertz offices to complete and sign the form claiming more than
two (2) dwellings. A dwelling unit may be claimed under this provision whether it is occupied or
not. New customers may claim only those occupying the dwelling unit at the time of applying for
water service on the form prescribed by the Director of Public Works. If the number of dwelling
units served by a master meter is reduced, the customer shall notify the City of Schertz in writing
within two (2) days. In prescribing the method for claiming more than two (2) dwelling units, the
Director of Public Works shall adopt methods to insure the accuracy of the claim. Any person who
knowingly, recklessly, or with criminal negligence falsely reports the number of dwelling units
served by a master meter or fails to timely notify the City of Schertz of a reduction in the number of
person in a household shall be fined not less than $200.00. Customers billed from a master meter
under this provision shall pay the following monthly surcharges:
$2.00 for the first 1,000 gallons over allocation.
$3.00 for the second 1,000 gallons over allocation.
$4.00 for the third 1,000 gallons over allocation.
$5.00 for each additional 1,000 gallons over allocation.
Surcharges shall be cumulative.
Commercial Customers
A monthly water usage allocation shall be established by the Director of Public Works, or his/her
designee, for each nonresidential commercial customer other than an industrial customer who uses
water for processing purposes. The non-residential customer?s allocation shall be approximately
seventy-five percent (75%) of the customer?s usage for corresponding month?s billing period for the
previous 12 months. If the customer?s billing history is shorter than 12 months, the monthly
average for the period for which there is a record shall be used for any monthly period for which no
15
history exists. The Director of Public Works shall give his/her best effort to see that notice of each
non-residential customer?s allocation is mailed to such customer. If, however, a customer does not
receive such notice, it shall be the customer?s responsibility to contact the City of Schertz to
determine the allocation. Upon request of the customer or at the initiative of the Director of Public
Works, the allocation may be reduced or increased if, (1) the designated period does not accurately
reflect the customer?s normal water usage, (2) one nonresidential customer agrees to transfer part of
its allocation to another nonresidential customer, or (3) other objective evidence demonstrates that
the designated allocation is inaccurate under present conditions. A customer may appeal an
allocation established hereunder to the City Manager. Nonresidential commercial customers shall
pay the following surcharges:
$2.00 per thousand gallons for the first 1,000 gallons over allocation.
$3.00 per thousand gallons for the second 1,000 gallons over allocation.
$4.00 per thousand gallons for the third 1,000 gallons over allocation.
$5.00 per thousand gallons for each additional 1,000 gallons over allocation.
The surcharges shall be cumulative. As used herein, ?block rate? means the charge to the customer
per 1,000 gallons at the regular water rate schedule at the level of the customer?s allocation.
Industrial Customers and Commercial Nurseries
A monthly water usage allocation shall be established by the Director of Public Works, or his/her
designee, for each industrial customer, which uses water for processing purposes. The industrial
customer?s and commercial nurseries allocation shall be approximately ninety percent (90%) of the
customer?s water usage baseline. Ninety (90) days after the initial imposition of the allocation for
industrial customers and commercial nurseries, the industrial customer?s and commercial nurseries
allocation shall be further reduced to 85% percent of the customer?s water usage baseline. The
industrial customer?s and commercial nurseries water usage baseline will be computed on the
average water usage for the 12 month period ending prior to the date of implementation of Stage 2
of the Plan. If the industrial water customer?s and commercial nurseries billing history is shorter
than 12 months, the monthly average for the period for which there is a record shall be used for any
monthly period for which no billing history exists. The Director of Public Works shall give his/her
best effort to see that notice of each industrial customer and commercial nurseries allocation is
mailed to such customer. If, however, a customer does not receive such notice, it shall be the
customer?s responsibility to contact the City of Schertz to determine the allocation, and the
allocation shall be fully effective notwithstanding the lack of receipt of written notice. Upon request
of the customer or at the initiative of the Director of Public Works, the allocation may be reduced or
increased, (1) if the designated period does not accurately reflect the customer?s normal water usage
because the customer had shutdown a major processing unit for repair or overhaul during the period,
(2) the customer has added or is in the process of adding significant additional processing capacity,
(3) the customer has shutdown or significantly reduced the production of a major processing unit,
(4) the customer has previously implemented significant permanent water conservation measures
such that the ability to further reduce usage is limited, (5) the customer agrees to transfer part of its
16
allocation to another industrial customer and commercial nurseries, or (6) if other objective
evidence demonstrates that the designated allocation is inaccurate under present conditions. A
customer may appeal an allocation established hereunder to the City Manager. Industrial customers
and commercial nurseries shall pay the following surcharges:
Customers whose allocation is 90% of their twelve month average.
per thousand gallons for the first 1,000 gallons over allocation.
$ 2.00
$ 3.00 per thousand gallons for the second 1,000 gallons over allocation.
$ 4.00 per thousand gallons for the third 1,000 gallons over allocation.
$ 5.00 per thousand gallons for each additional 1,000 gallons over allocation.
The surcharges shall be cumulative. As used herein, ?block rate? means the charge to the customer
per 1,000 gallons at the regular water rate schedule at the level of the customer?s allocation.
Section XIII: Enforcement
(a) No person shall knowingly or intentionally allow the use of water from the City of
Schertz for residential, commercial, industrial, agricultural, governmental, or any other
purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that
permitted by the drought response stage in effect at the time pursuant to action taken by the
City Manager, or his/her designee, in accordance with provisions of this Plan.
(b) Any person who violates this Plan is guilty of a misdemeanor and, upon conviction,
shall be punished by a fine up to $200.00. Each day that one or more of the provisions in the
Plan is violated shall constitute a separate offense. If a person is convicted of three or more
distinct violations of this Plan, the Director of Public Works shall, upon due notice to the
customer, be authorized to discontinue water service to the premises where such violations
occur. Services discontinued under such circumstances shall be restored only upon payment
of a re-connection charge, hereby established at $150.00, and any other costs incurred by the
City of Schertz in discontinuing service. In addition, suitable assurance must be given to the
Director of Public Works that the same action shall not be repeated while the Plan is in
effect. Compliance with this Plan may also be sought through injunctive relief in the district
court.
(c) Any person, including a person classified as a water customer of the City of Schertz,
in apparent control of the property where a violation occurs or originates shall be presumed
to be the violator, and proof that the violation occurred on the person?s property shall
constitute a rebuttable presumption that the person in apparent control of the property
committed the violation, but any such person shall have the right to show that he/she did not
commit the violation. Parents shall be presumed to be responsible for violations of their
minor children and proof that a violation, committed by a child, occurred on property within
the parents? control shall constitute a rebuttable presumption that the parent committed the
violation, but any such parent may be excused if he/she proves that he/she had previously
directed the child not to use the water as it was used in violation of this Plan and that the
parent could not have reasonably known of the violation.
17
(d) Any police officer, code enforcement officer, or other City of Schertz employee
designated by the Director of Public Works, may issue a citation to a person he/she
reasonably believes to be in violation of this Ordinance. The citation shall be prepared in
duplicate andshall contain the name and addresss of the alleged violator, if known, the
offense charged, and shall direct him/her to appear in the municipal court on or before the
th
14 day following the date the citation was issued. The alleged violator shall be served a
copy of the citation. Service of the citation shall be complete upon delivery of the citation to
the alleged violator, to an agent or employee of a violator, or to a person over 14 years of
age who is a member of the violator?s immediate family or is a resident of the violator?s
residence. The alleged violator shall appear in municipal court to enter a plea of guilty or
not guilty for the violation of this Plan. If the alleged violator fails to appear in municipal
court, a warrant for his/her arrest may be issued. A summons to appear may be issued in
lieu of an arrest warrant. These cases shall be expedited and given preferential setting in
municipal court before all other cases.
Section XIV: Variances
The City Manager, or his/her designee, may, in writing, grant temporary variance for existing water
uses otherwise prohibited under this Plan if it is determined that failure to grant such variance would
cause an emergency condition adversely affecting the health, sanitation, or fire protection for the
public or the person requesting such variance and if one or more of the following conditions are
met:
(a) Compliance with this Plan cannot be technically accomplished during the duration
of the water supply shortage or other condition for which the Plan is in effect.
(b) Alternative methods can be implemented which will achieve the same level of
reduction in water use.
Persons requesting an exemption from the provisions of this Ordinance shall file a petition for
variance with the City of Schertz within 5 days after the Plan or a particular drought response stage
has been invoked. All petitions for variances shall be reviewed by the Director of Public Works, or
his/her designee, and shall include the following:
(a) Name and address of the petitioner(s).
(b) Purpose of water use.
(c) Specific provision(s) of the Plan from which the petitioner is requesting relief.
(d) Detailed statement as to how the specific provision of the Plan adversely affects the
petitioner or what damage or harm will occur to the petitioner or others if petitioner
complies with this Ordinance.
(e) Description of the relief requested.
(f) Period of time for which the variance is sought.
(g) Alternative water use restrictions or other measures the petitioner is taking or
proposes to take to meet the intent of this Plan and the compliance date.
(h) Other pertinent information.
18
Variances granted by the City of Schertz shall be subject to the following conditions, unless waived
or modified by the City Manager or his/her designee:
(a) Variances granted shall include an acceptable timetable for compliance.
(b) Variances granted shall expire when the Plan is no longer in effect, unless the
petitioner has failed to meet specified requirements.
No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the
issuance of the variance.
Section XV: Severability
It is hereby declared to be the intention of the City of Schertz that the sections, paragraphs,
sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence,
paragraph, or section of the Plan shall be declared unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, and sections of the Plan, since the same would not have
been enacted by the City of Schertz without the incorporation into the Plan of any such
unconstitutional phrase, clause, sentence, paragraph, or section.
19
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: August 20, 2013
Department: Finance
Subject:Presentation/Discussion and Public
Hearing on Proposed FY 2013-14 Budget
BACKGROUND
In accordance with Chapter 26 of the Texas Tax Code the City Council must hold two (2) public
hearings on a proposed budget for FY 2013-14.
The first required public hearing will be at the August 20, 2013 regular session. The second
required public hearing will be conducted at the August 27, 2013 regular session.
FISCAL IMPACT
None
RECOMMENDATION
After a brief presentation and discussion by Council, public hearing will be held on the proposed
FY 2013-14 Budget.
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: August 20, 2013
Department: Finance
Subject:Presentation/Discussion and Public
Hearing on Proposed FY 2013-14 Tax
Rate
BACKGROUND
In accordance with Chapter 26 of the Texas Tax Code the City Council must hold two (2) public
hearings on a proposed tax rate.
At the August 6, 2013 regular session the City Council, by record vote, established a proposed
preliminary maximum tax rate of $0.4999 per $100 of value. The proposed rate is not subject to
rollback.
The first required public hearing will be at the August 20, 2013 regular session. The second
required public hearing will be conducted at the August 27, 2013 regular session.
FISCAL IMPACT
None
RECOMMENDATION
After a brief presentation and discussion by Council, public hearing will be held on the proposed
FY 2013-14 Tax Rate.
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: August 20, 2013
Department: Development Services
Subject: Ordinance No.13-S-30
? Conduct a public
hearing and consideration and/or action
amending Part III, Schertz Code of
Ordinances, Unified Development Code
(UDC) Article 11 Signs & Advertising
First reading
Devices ? (B. James/M.
Sanchez)
BACKGROUND
Currently the UDC restricts the size of wall signs based on the category of street on which the
building fronts. The categories are identified in Table 21.11.9 as Areas with Limited Access,
Areas with Unlimited Access and All Other Streets. The UDC defines Limited Access Streets as
being IH 35 and IH 10; Unlimited AccessStreets being all Farm-to-Market Roads and Schertz
Parkway; and All Other Streets being local streets.
Focus group meetings with business members of the Schertz Chamber, industry sign contractors
and manufacturers to discuss all of Article 11 were held over the last several months. Comments
were received from attendees of those focus group meetings and their requests and suggestions
were considered by staff. A draft of the proposed changes was then presented to the Planning and
Zoning Commission at their regular meeting of July 12 and their comments and suggestions were
noted. Although staff intends on holding another meeting with the business members to give
them another opportunity for additional comment, this agenda item is to consider an amendment
to the size of wall signs for only industrial size buildings.
Staff has become aware that the current restrictions posed a problem when applied to large scale
industrial buildings like those that have more recently been constructed in the City. When the
current standards for wall signs was written and adopted, these large industrial buildings were
generally not present in the City. Additionally, the provision has created confusion for staff,
business owners and sign contractors.
While a large industrial building on IH 35 is allowed a sign that is up to 15% of the façade area
or 250 square feet, whichever is less, a large industrial building within an industrial area that
fronts on an internal street within an industrial area is restricted to a sign that is only 10% of the
façade area or 80 square feet, whichever is less, even though the building is visible from IH 35.
On August 14, 2013 the Planning and Zoning Commission conducted a public hearing and made
a favorable recommendation to City Council to amend the Unified Development Code, Article
11, Section 21.11.9 to add an allowance for large industrial businesses in industrial districts to
have a sign that is up to 15% of the façade area or 250 square feet, whichever is less, regardless
of which category of street on which the building is located. The provisions would apply to wall
signs located on properties zoned Manufacturing District-Light (M-1); Manufacturing District -
Heavy (M-2); and PDD (Planned Development District) with a base zoning of M-1 or M-2 and
with a minimum primary façade elevation of 300 linear feet or greater may have the primary
wall sign calculatedat 15% of the façade area or 250 square feet, whichever is less.
Current UDC regulation:
Section 21.11.9 ? Wall Signs
B. Maximum Area
Table 21.11.9
Maximum Area of Wall Signs
Areas with Limited Access 15% of the façade area or 250 square
feet, whichever is less
Areas with Unlimited Access 12% of the façade area or 125 square
feet, whichever is less
All Other Streets 10% of the façade area or 80 square
feet, whichever is less
Proposed UDC Amendment:
Add the following note below the table:
1. Wall signs located on properties zoned Manufacturing District-Light (M-1);
Manufacturing District - Heavy (M-2); and PDD (Planned Development District) with a base
zoning of M-1 or M-2 and with a minimum primary façade elevation of 300 linear feet or greater
may have the primary wall sign calculatedat 15% of the façade area or 250 square feet,
whichever is less.
Caterpillar, Salof (now owned by General Electric), Sysco, and Amazon.com are all located on
local streets which fall into the All Other Streets category and despite the large building size
would be limited to a primary wall sign that is no more than 80 square feet. Note that this
restriction does not actually apply to Amazon.com as it is located within a PDD with different
sign regulations.
The current Sysco and Salof signs exceed the current size allowed due to confusion with
permitting, but would comply with the 250 square foot restriction being proposed. Those signs
seem in scale given the size of the buildings. Requiring a sign that is so out of scale with the
building does more than negatively impact the aesthetic of the building, it can create unnecessary
operational challenges and impact traffic. Having an appropriately scaled sign allows drivers to
more easily identify the building they are looking for. This is especially important for larger
industrial users that generate a significant amount of truck traffic.
Goal
To provide an amendment to Sign Article 11 to give large industrial businesses and buildings
located within manufacturing districts and Planned Development Districts with the ability to
have a larger sign with a maximum size of 250 square feet.
Community Benefit
The sign article is adopted to regulate the location, construction, duration, size, height,
installation, and maintenance of all signs within the jurisdiction of the City, including its
ETJ. It is intended to enhance property values, maintain aesthetic attractiveness, and
promote commercial opportunity in the City, and further the objectives of the City?s
Comprehensive Land Plan. This amendment will provide a market momentum for large
industry businesses to have a suitably sized sign providing them the opportunity for
improved identification.
Summary of Recommended Action
Review and approve Ordinance No.13-S-30 amending the UDC, Article 11, Section
21.11.9.B. Wall Signs Maximum Area to add that ?Wall signs located on properties zoned
Manufacturing District -Light (M-1); Manufacturing District - Heavy (M-2); and PDD
(Planned Development District) with a base zoning of M-1 or M-2 and with a minimum
primary façade elevation of 300 linear feet or greater may have the primary wall sign
calculatedat 15% of the façade area or 250 square feet, whichever is less.
FISCAL IMPACT
None.
RECOMMENDATION
Approve first reading of Ordinance No. 13-S-30 an Ordinance amending the Unified
Development Code (UDC), Article 11, Section 21.11.9.B. ? Wall Signs Maximum Area as
presented.
ATTACHMENT
Ordinance No. 13-S-30
Draft UDC Article 11, Incorporating the Proposed Changes to Section 21.11.9 Wall Signs
ORDINANCE NO. 13-S-30
AMENDING PART III, SCHERTZ CODE OF
ORDINANCES, ARTICLE 11 SECTION 21.11.9B OF THE
UNIFIED DEVELOPMENT CODE OF THE CITY OF
SCHERTZ, TEXAS; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Ordinance No. 10-S-06, the City of Schertz, Texas (the
?City?) adopted as Amended and Restated Unified Development Code on April
13, 2010, as further amended (the ?Current UDC?); and
WHEREAS, City Staff and the Planning and Zoning Commission have
recommended certain revisions to the current UDC; Article 11 Signs and
Advertising Devices; Section 21.11.9.B. Wall Signs Maximum Area; and
WHEREAS, all required notices have been made and all required public hearings
have been held; and
WHEREAS, the City Council has been presented with the proposed amendments
and finds that they are appropriate and in the best interest of the citizens of the
City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
Section 1. The current UDC Section 21.11.9.B. Wall Signs Maximum Area is hereby amended
as follows:
B.Maximum Area
Table 21.11.9
Maximum Area of Wall Signs
Areas with Limited Access 15% of the façade area or 250 square
feet, whichever is less
Areas with Unlimited Access 12% of the façade area or 125 square
feet, whichever is less
All Other Streets 10% of the façade area or 80 square
feet, whichever is less
1. Wall signs located on properties zoned Manufacturing District-Light (M-1);
Manufacturing District - Heavy (M-2); and PDD (Planned Development District) with a base
zoning of M-1 or M-2 and with a minimum primary façade elevation of 300 linear feet or greater
may have the primary wall sign calculatedat 15% of the façade area or 250 square feet,
whichever is less.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such
recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the
judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with
any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the
State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
th
PASSED ON FIRST READING, the 20 day of August, 2013.
PASSED, APPROVED and ADOPTED ON SECOND READING, the ___ day of August, 2013.
CITY OF SCHERTZ, TEXAS
_______________________________________
Mayor, Michael R. Carpenter
ATTEST:
_________________________________
City Secretary, Brenda Dennis
(CITY SEAL)
Agenda No. 6
CITY COUNCIL MEMORANDUM
City Council Meeting: August 20, 2013
Department: Engineering
Subject:Ordinance No. 13-M-31 ?
Conduct a public
hearing and consideration and/or action
amending Part III, Schertz Code of
Ordinances, Unified Development Code
(UDC), Article 13 Land Disturbing
First and Final
Activities and Drainage (
Reading
)
BACKGROUND
At the regular April 16, 2013 meeting Council approved the amendments to the Schertz Code of
Ordinances, Part III, Unified Development Code, Article 13 Land Disturbing Activities and
Drainage on first and final reading of Ordinance 13-M-12.
Since this time staff has found a few portions of the revised Schertz Code of Ordinances, Part III,
Unified Development Code, Article 13 Land Disturbing Activities and Drainage that need to be
revised so the standards discussed as part of the approval process are met and can be enforced.
The Planning and Zoning Commission reviewed the changes proposed at their regular meeting of
August 14, 2013 offered a recommendation of approval. The following are a list of changes:
é×Ù
ú ø×ÖÓÎÓÈÓÍÎÉ
Unless specifically defined below or in Article 16 of this Ordinance, words or phrases used in
this Section shall be interpreted to give them the meaning they have in common usage and to
(page 13-12)
give this Ordinance the most reasonable application.
é×Ù
ø
ó
Clarifying that the provision applies to Zones A, AO and AH in addition to Zones A1-30 and AE (page 13-
21)
é×Ù
ø
ò
Clarifying that the provision applies to Zones A and AO in addition to Zones A1-30, AE and AH (page 13-
21)
é×Ù
÷
û
Clarifying that of freeboard is required (page 13-26)
ÍÎ× ÖÍÍÈ
City Council Memorandum
Page 2
é×Ù
÷
ú
Clarifying that of freeboard is required (page 13-26)
ÍÎ× ÖÍÍÈ
é×Ù
ø
Required manufactured homes be elevated above freeboard (page 13-27)
ÍÎ× ÖÍÍÈ
é×Ù
Clarifying that this provision applies to Subdivision proposals, including Master Plans, and requiring:
Base flood elevation data shall be generated for subdivision proposals, Master Plans and other proposed
development including the placement of manufactured home parks and subdivisions less than 5 acres, 50 lots,
or where Zone A exists within 100 feet of the property line, base flood elevation data and/or elevation
certificates may be required by the Floodplain Administrator to ensure any new development is reasonably safe
from flooding.
Per the current version only developments that are greater than 50 acres or 5 lots must generate this data if
a Zone a exists on the property
(page 13-28)
é×Ù
Clarifying that one foot of freeboard is required for new construction and substantial improvements to
structures within areas of shallow flooding (AO/AH Zones). (page 13-29)
é×Ù
ö
Correcting the reference to Section 21.13.6.L (page 13-61)
Some additional minor corrections were made to provide more clarity for the Ordinance.
Goal
The City Council has determined a need to revise the current storm water and drainage
ordinances given the history of our community and the amount of property affected by
floodplain, storm water run-off and flooding. With increased development in more rural
areas these issues have once again caught the attention of City Council, Planning and Zoning,
concerned residents and City staff.
Community Benefit
It is the City?s desire to protect the safety and welfare of the community through regulation
of certain construction activities within the City.
Summary of Recommended Action
Staff is recommending approval of an amendment to the Schertz Code of Ordinances, Part
III, Unified Development Code, Article 13 ? Land Disturbing Activities and Drainage.
FISCAL IMPACT
None
City Council Memorandum
Page 3
RECOMMENDATION
Staff recommends approval on first and final reading of Ordinance 13-M-31 amending the
Schertz Code of Ordinances, Part III, Unified Development Code, Article 13 Land Disturbing
Activities and Drainage.
ATTACHMENT
Ordinance No. 13-M-31
Exhibit A ? UDC Article 13 (amended August 2013)
Redline version of proposed UDC Article 13 changes
ORDINANCE NO. 13-M-31
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AMENDING THE CODE OF
ORDINANCES, PART III, UNIFIED DEVELOPMENT
CODE, ARTICLE 13 ? LAND DISTURBING ACTIVITIES
AND DRAINAGE; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY
WHEREAS, the City Council of the City of Schertz, Texas (the ?City?) desires to protect
the safety and welfare of the citizens of the City through regulation of land disturbing activities
and the design, construction and maintenance of drainage facilities in the City;
WHEREAS, the Planning and Zoning Commission (?P&Z?) of the City voted to
recommend approval of the provisions for regulating land disturbing activities and the design,
construction and maintenance of drainage facilities set forth herein at the regular meeting on
August 14, 2013;
WHEREAS, the City Staff of the City has recommended that the City Council adopt the
provisions set forth herein, which regulate land disturbing activities and the design, construction
and maintenance of drainage facilities in the City; and
WHEREAS, the City Council has determined that the regulation of land disturbing
activities and the design, construction and maintenance of drainage facilities in the City, as set
forth in Exhibit A, is in the best interests of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
SECTION I
The City of Schertz, Texas Code of Ordinances, Part III, Unified Development Code, Article 13
? Land Disturbing Activities and Drainage is hereby amended as set forth in Exhibit A attached.
SECTION II
The recitals contained in the preamble hereof are hereby found to be true, and such
recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the
judgment and findings of the Council.
SECTION III
1
All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any
provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions
of this Ordinance shall be and remain controlling as to the matters resolved herein.
SECTION IV
This Ordinance shall be construed and enforced in accordance with the laws of the State
of Texas and the United States of America.
SECTION V
If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
SECTION VI
It is officially found, determined, and declared that the meeting at which this Ordinance is
adopted was open to the public and public notice of the time, place, and subject matter of the
public business to be considered at such meeting, including this Ordinance, was given, all as
required by Chapter 551, as amended, Texas Government Code.
SECTION VII
Pursuant to Section 4.09(e) of the City Charter, by vote of not less than two-thirds of the
members of the City Council present at the meeting at which this Ordinance was first considered,
the City Council has determined that an emergency exists which requires immediate action, and
this Ordinance is hereby adopted on a single reading, and this Ordinance shall be effective upon
the date hereof and any publication required by law. This Ordinance will apply to all final
subdivision plats approved on or after that date. Subdivisions that are under construction at this
time will not be required to follow the adopted amendments.
th
PASSED, APPROVED AND ADOPTED ON FIRST AND FINAL READING, the 20
day of August, 2013.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter,
ATTEST:
2
City Secretary, City of Schertz, Texas
(SEAL OF CITY)
3
EXHIBIT A
CODE OF ORDINANCES, PART III, UNIFIED DEVELOPMENT CODE,
ARTICLE 13 ? LAND DISTURBING ACTIVITIES AND DRAINAGE
4
Article 13 ? Land Disturbing Activities and Drainage
Schertz Unified Development Code
Article 13Land Disturbing Activities and Drainage
Sec. 21.13.1 Clearing and Grading
A. No removal of trees, land clearing and/or grading activities shall occur
without the required approvals and permits including but not limited to the
Grading and Clearing Permit and Tree Permits. Grading and clearing
activity shall be limited to the limits of grading area identified on an
approved grading plan. A Grading and Clearing Permit is required for any
land disturbing activities greater than 0.1 acres outside of the FEMA
designated special flood hazard area (SFHA), and all areas within the
SFHA unless specifically exempted in this Section.
B. All Grading and Clearing permits shall be reviewed by the City Engineer
and Public Works Department and approved by the City Engineer or
his/her designee. Grading and Clearing Permits shall be reviewed in
accordance with this Unified Development Code, the Public Works
Specifications Manual, the City of Schertz Code of Ordinances, and any
other applicable law, code, or regulation governing grading and clearing
activity.
C.The following shall be exempt from the requirement for Grading and
Clearing Permit:
1. grading and clearing in emergency situations involving immediate
danger to life and property or substantial fire hazards;
2. the removal of underbrush, dead trees or diseased or damaged trees
which constitute a hazard to life and property based upon field
inspection verification; and
3. grading and clearing practices associated with agricultural
operations, excluding timber cutting, grading cuts or fills, and/or
work within SFHA.
Sec. 21.13.2 Construction Storm Water Management
A. Purpose and Intent
During the construction process, soil is highly vulnerable to erosion by
wind and water. Eroded soil endangers water resources by reducing water
quality and causing the siltation of aquatic habitat for fish and other
desirable species. Eroded soil also necessitates service and/or repair of
sewers and ditches and the dredging of lakes. In addition, grading and
clearing during construction cause the loss of native vegetation necessary
for terrestrial and aquatic habitat.
13-1
Article 13 ? Land Disturbing Activities and Drainage
Schertz Unified Development Code
The intent of the Construction Storm Water Management Ordinance (?this
Ordinance?) is to provide for the health, safety, and general welfare of the
citizens of the City of Schertz (?the City?) by guiding, regulating, and
controlling the design, construction, use, and maintenance of any
development or other activity that disturbs or breaks the topsoil or results
in the movement of earth in the City. The provisions of this Ordinance
shall be interpreted and applied as the minimum requirements for the
promotion of public health, safety and general welfare.
B. Applicability
This Ordinance shall apply to all territory within the corporate limits and
extraterritorial jurisdiction of the City including any developed and
undeveloped land unless explicitly exempted by Public Works or an
authorized state or federal enforcement agency.
C. Responsibility for Administration
Public Works shall administer, implement, and enforce the provisions of
this Ordinance. Any powers granted or duties imposed upon the
authorized enforcement agency may be delegated in writing by the
Director of Public Works or his/her designee to persons or entities acting
in the beneficial interest in the employ of the City. Whenever the
requirements of this Ordinance are in conflict with the requirements of any
other lawfully adopted rules, regulations, or ordinances, the requirement
that is most restrictive or that imposes the higher standards, as determined
by the Director of Public Works or his/her designee shall apply.
D. Severability
All sections, paragraphs, sentences, clauses, and phrases of this Ordinance
are severable, and if any section, paragraph, sentence, clause or phrase is
declared unconstitutional or otherwise invalid in any court of competent
jurisdiction in a valid judgment or decree, such unconstitutionality or
invalidity shall not cause any remaining section, paragraph, sentence,
clause or phrase of this Ordinance to fail or become invalid.
E. Ultimate Responsibility
The issuance of any permit, certificate, or approval in accordance with the
standards and requirements of this Ordinance shall not relieve the recipient
of such permit, certificate or approval from the responsibility of
complying with all other applicable requirements of any other
municipality, county, special district, State or Federal agency having
jurisdiction over the storm drainage system for which the permit,
certificate or approval was issued. This Ordinance does not intend or
13-2
Article 13 ? Land Disturbing Activities and Drainage
Schertz Unified Development Code
imply that compliance by any person will ensure that there will not be
contamination, pollution, or unauthorized discharge of pollutants. This
ordinance in no way alleviates any requirement for applicable federal or
state approvals or releases.
F. Permits
1. No person shall be granted a Grading and Clearing Permit,
Development Permit or Construction Permit for land-disturbing
activity without the approval of a Grading Plan by the City
Engineer, Director of Public Works, and the City Manager or
his/her designees.
2. No Grading and Clearing Permit is required for the following
activities:
a. Any emergency activity that is immediately necessary for
the protection of life, property, or natural resources. Public
Works must be notified within 24 hours of such activities;
b. The removal of underbrush, dead trees, or diseased or
damaged trees which constitute a hazard to life and
property based upon field inspection verification; or
c. Grading and clearing practices associated with agricultural
operations, excluding timber cutting, grading cuts or fills,
and/or work within designated special flood hazard area.
G. Applications
1. Each application shall bear the name(s) and address(es) of the
owner or developer of the site, of any consulting firm retained by
the applicant together with the name of the applicant?s principal
contact at such firm, and the physical address of the site or a
detailed description of its location. Applications shall be
accompanied by all items required per the submittal process and
the application and all applicable fees.
2. The City of Schertz may, at its discretion, require the submittal of a
performance bond/escrow in the amount of $1,000/acre prior to the
issuance of a permit in order to insure that the storm water
management practices as required by the plans approved for the
permit are installed and maintained by the permit holder for the
duration of the construction activity. The bond shall not be
released until 85% coverage of all disturbed areas with approved
13-3
Article 13 ? Land Disturbing Activities and Drainage
Schertz Unified Development Code
vegetation is accomplished as determined by the Director of Public
Works or his/her designee.
H. Review and Approval
1. Engineering/Public Works will review each application for a
permit to determine its conformance with the provisions of this
regulation. Within 30 days after receiving an application,
Engineering/Public Works shall, in writing, complete one of the
following actions:
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.
c. Disapprove the permit application, indicating the reason(s)
and procedure for submitting a revised application and/or
submission.
2. By approving a plan under this regulation, the City does not accept
responsibility for the design, installation, operation or maintenance
of construction storm water management activities for the permit
holder.
I. Grading Plan
1. The Grading Plan shall include the following:
a. One plan sheet showing existing floodplain/floodway
limits, and one plan sheet showing the existing
floodplain/floodway limits and the proposed
floodplain/floodway limits.
b. 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, areas of
clearing, installation and removal of temporary erosion and
sediment control measures, and establishment of permanent
vegetation.
13-4
Article 13 ? Land Disturbing Activities and Drainage
Schertz Unified Development Code
c. All erosion and sediment control measures necessary to
meet the objectives of the City?s regulations throughout all
phases of construction and after completion of development
of the site. Depending upon the complexity of the project,
the drafting of intermediate plans may be required at the
close of each season.
d. 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 measure.
e. Provisions for maintenance of control facilities, including
easements and estimates of the cost of maintenance.
2. Modifications to the plan shall be processed and approved or
disapproved in the same manner as Section 8 of this regulation.
The City Engineer and Director of Public Works or his/her
designees will provide written authorization to the permit
applicant, and shall include:
a. Major amendments of the Grading Plan submitted to Public
Works and Engineering.
b. Field modifications of a minor nature.
J. Design Requirements
1. Grading, erosion control practices, sediment control practices, and
waterway crossings shall meet the design criteria set forth in the
City?s UDC, Public Works Specifications Manual and Public
Works Design Standards, and shall be adequate to prevent
transportation of sediment from the site to the satisfaction of the
City Engineer and the Director of Public Works or his/her
designees.
2. Grading and clearing shall not be permitted, except when in
compliance with the UDC, this Ordinance, and any other
applicable authority.
3. Clearing, except as necessary to establish sediment control devices,
shall not begin until all sediment control devices have been
installed and have been stabilized.
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Article 13 ? Land Disturbing Activities and Drainage
Schertz Unified Development Code
4. Phasing is strongly recommended and may be required on sites
disturbing greater than 15 acres, with the size of each phase to be
established at plan review and as approved by Engineering and
Public Works.
5. Erosion control requirements shall include the following:
a. Soil stabilization shall be completed within five days of
clearing or inactivity in construction.
b. If seeding or another vegetation erosion control method is
used, it shall become established within two weeks or
Public Worksmay require the site to be reseeded or a non-
vegetation option employed.
c. Special techniques required to ensure stabilization, other
than design criteria outlined in UDC for steep slopes or in
drainage ways, shall be approved by the City Engineer.
d. Soil stockpiles must be stabilized or covered at the end of
each workday.
e. The entire site must be stabilized, using a heavy mulch
layer or another method that does not require germination
to control erosion, at the close of the construction season.
f. Techniques shall be employed to prevent the blowing of
dust or sediment from the site.
g. Techniques that divert upland runoff past disturbed slopes
shall be employed.
6. Sediment controls requirements shall include:
a. Settling basins, sediment traps, or tanks and perimeter
controls. Other control measures may be approved by the
City Engineer.
b. Settling basins that are designed in a manner that allows
adaptation to provide long-term storm water management,
if required by the City.
c. Protection for adjacent properties by the use of a vegetated
buffer strip in combination with perimeter controls.
7. Waterway and watercourse protection requirements shall include:
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a. A temporary stream crossing installed and approved by
Engineering and Public Works if a watercourse will be
crossed regularly during construction.
b. Stabilization of the watercourse channel before, during, and
after any in-channel work.
c. All on-site storm water conveyance channels designed
according to the criteria outlined in the UDC.
d. Stabilization adequate to prevent erosion located at the
outlets of all pipes and paved channels.
8. Construction site access requirements shall include:
a. A temporary construction access road provided at all sites.
b. Other measures required by Engineering and Public Works
in order to ensure that sediment is not tracked onto public
streets by construction vehicle or washed into storm drains.
K. Inspection
1. The Director of Public Works or his/her designee shall make
inspections as hereinafter required and shall approve the portion of
the work completed or shall notify the permit holder wherein the
work fails to comply with this Ordinance, the UDC, or other City
regulations as approved. Plans for grading, stripping, excavating,
and filling work bearing the stamp of approval of the City shall be
maintained at the site during the progress of the work. To obtain
inspections, the permit holder shall notify Public Works at least
two working days before the following:
a. Start of construction.
b. Installation of sediment and erosion measures.
c. Completion of site clearing.
d. Completion of rough grading.
e. Completion of final grading.
f. Close of the construction season.
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g. Completion of final landscaping.
2. The permit holder or his/her principal contact shall make regular
inspections of all control measures in accordance with the
inspection schedule outlined on the approved Grading Plan. The
purpose of such inspections will be to determine the overall
effectiveness of the control plan and the need for additional control
measure. All inspections shall be documented in written form and
submitted to Public Works at the time interval specified in the
approved permit.
3. The Director of Public Worksor his/her designee shall enter the
property of the applicant as deemed necessary to make regular
inspections to ensure the validity of the reports filed under
paragraph B of this Section.
L. Enforcement
1. Stop-Work Order: Revocation of Permit
In the event that any person holding a Grading and Clearing
Permit, Development Permit or Construction Permit pursuant to
this Ordinance violates the terms of the permit or implements site
development in such a manner as to materially adversely affect the
health, welfare, or safety of a person 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 City Engineer or Director
of Public Worksor his/her designeesat the time interval specified
in the approved permit may issue a Stop Work Order or Revoke
aforementioned permit.
2. Violation and Penalties
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 Ordinance. Any person
violating any of the provisions of this Ordinance shall be deemed
guilty of a class ?C? misdemeanor and each day during which any
violation of any of the provisions of this Ordinance is committed,
continued, or permitted, shall constitute a separate offense. Upon
conviction of any such violation, such person, partnership, or
corporation shall be punished by a fined a minimum amount of not
less than two hundred dollars ($200.00) per violation and a
maximum amount of not more than two thousand dollars
($2,000.00) per violation. In addition, any other penalty authorized
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by this section, any person, partnership, or corporation convicted
of violating any of the provisions of this Ordinance shall be
required to bear the expense of such restoration. A civil penalty in
an amount not to exceed five hundred dollars ($500.00) per
violation of this Ordinance may be imposed. Each violation of a
particular section of this Ordinance shall constitute a separate
offense, and each day such an offense continues shall be
considered a new violation for purposes of enforcing this
Ordinance.
3. Notice of Violation
If the City Engineer or the Director of Public Worksdetermines
that an applicant or other responsible person has failed to comply
with the terms and conditions of a permit, approved Grading Plan,
or the provisions of this Ordinance, he or she shall issue a written
notice of violation to such applicant or other responsible person.
Where a person is engaged in activity covered by this Ordinance
without having first secured a permit therefore, the notice of
violation shall be served on the owner or the responsible person in
charge of the activity being conducted on the site.
The notice of violation shall contain:
a. The name and address of the owner or the applicant or the
responsible person.
b. The address or other description of the site upon which the
violation is occurring.
c. A statement specifying the nature of the violation.
d. A description of the remedial measures necessary to bring
the action or inaction into compliance with the permit, the
storm water management plan, the storm water
maintenance agreement, or this Ordinance and the date for
the completion of such remedial action.
e. A statement of the penalty or penalties that may be assessed
against the person to whom the notice of violation is
directed.
f. A statement that the determination of violation may be
appealed to the City Council of the City of Schertz by filing
a written notice of appeal within five (5) business days after
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the notice of violation (except, that in the event the
violation constitutes an immediate danger to public health
or public safety, 24 hours notice shall be sufficient).
The City of Schertz may recover all attorneys? fees, court costs,
and other expenses associated with enforcement of this Ordinance,
including sampling and monitoring expenses.
4. Appeals
The decisions or orders of the City Council of the City of Schertz
shall be final. Further relief shall be to a higher court of competent
jurisdiction.
5. Remedies Not Exclusive
The remedies listed in this Ordinance are not exclusive of any
other remedies available under any applicable federal, state, or
local law
Sec. 21.13.3 Flood Damage Prevention
A. Finding of Fact, Purpose and Methods
1. Statutory Authorization
The Legislature of the State of Texas has in the Flood Control Act,
Texas Water Code, Section 16.315, delegated the responsibility of
local governmental units to adopt regulations designed to minimize
flood losses. Therefore, the City of Schertz, Texas (?the City?)
does ordain as follows:
2. Finding of Fact
a.The flood hazard areas of the City and extraterritorial
jurisdiction are subject to periodic inundation, which results
in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, and
extraordinary public expenditures for flood protection and
relief, all of which adversely affect the public health, safety
and general welfare.
b. These flood losses are created by the cumulative effect of
obstructions in floodplains which cause an increase in flood
heights and velocities, and by the occupancy of flood
hazard areas by uses vulnerable to floods and hazardous to
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other lands because they are inadequately elevated, flood-
proofed or otherwise protected from flood damage.
3. Statement of Purpose
It is the purpose of this Section to promote the public health, safety
and general welfare and to minimize public and private losses due
to flood conditions in specific areas by provisions designed to:
a. Protect human life and health.
b. Minimize expenditure of public money for costly flood
control projects.
c. Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of
the general public.
d. Minimize prolonged business interruptions.
e. Minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and bridges located in floodplains.
f. Help maintain a stable tax base by providing for the sound
use and development of flood-prone areas in such a manner
as to minimize future flood blight areas.
g. Ensure that potential buyers are notified that property is in
a flood area.
4.Methods of Reducing Flood Losses
In order to accomplish its purposes, this Section uses the following
methods:
a.Restrict or prohibit uses that are dangerous to health, safety
or property in times of flood, or cause increases in flood
heights or velocities.
b. Require that uses vulnerable to floods, including facilities,
which serve such uses, be protected against flood damage
at the time of initial construction or substantial
improvement.
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c. Control the alteration of natural floodplains, stream
channels, and natural protective barriers, which are
involved in the accommodation of flood waters.
d. Control filling, grading, dredging and other development
which may increase flood damage.
e. Prevent or regulate the construction of flood barriers which
will unnaturally divert flood waters or which may increase
flood hazards to other lands.
B. Definitions
Unless specifically defined below or in Article 16 of this Ordinance,
words or phrases used in this Section shall be interpreted to give them the
meaning they have in common usage and to give this Ordinance the most
reasonable application.
ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial
fan or similar landform which originates at the apex and is characterized by high-velocity
flows; active processes of erosion, sediment transport, and deposition; and unpredictable
flow paths.
APEX - means a point on an alluvial fan or similar landform below which the flow path
of the major stream that formed the fan becomes unpredictable and alluvial fan flooding
can occur.
APPEALS BOARD ? means the Board of Adjustment of the City of Schertz, Texas.
APPURTENANT STRUCTURE ? means a structure which is on the same parcel of
property as the principal structure to be insured and the use of which is incidental to the
use of the principal structure.
AREA OF FUTURE CONDITIONS FLOOD HAZARD ? means the land area that
would be inundated by the 1-percent-annual chance (100 year) flood based on future
conditions hydrology.
AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or
VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater
annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD or SPECIAL FLOOD HAZARD AREA - is the
land in the floodplain within a community subject to a 1 percent or greater chance of
flooding in any given year. The area may be designated as Zone A on the Flood Hazard
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Boundary Map (FHBM). After detailed rate making has been completed in preparation
for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30,
AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded
in any given year.
BASEMENT - means any area of the building having its floor subgrade (below ground
level) on three or more sides.
BASE FLOOD ELEVATION or BFE ? means the elevation shown on the Flood
Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS)
for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface
elevation resulting from the base flood.
BREAKAWAY WALL ? means a wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under specific
lateral loading forces, without causing damage to the elevated portion of the building or
supporting foundation system.
CRITICAL FEATURE - means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by the entire system
would be compromised.
DEVELOPMENT - means any man-made change to improved and unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING ? means, for insurance purposes, a non-basement building,
which has its lowest elevated floor, raised above ground level by foundation walls, shear
walls, posts, piers, pilings, or columns.
EXISTING CONSTRUCTION - means for the purposes of determining rates, structures
for which the "start of construction" commenced before the effective date of the FIRM or
before January 1, 1975, for FIRMs effective before that date. "Existing construction"
may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a
manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed before the effective date of the
floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION - means the preparation of additional sites by the construction of
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facilities for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).
FLOOD or FLOODING - means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
1. the overflow of inland or tidal waters.
2. the unusual and rapid accumulation or runoff of surface waters from any
source.
FLOOD ELEVATION STUDY or FLOOD INSURANCE STUDY or FIS ? means an
examination, evaluation and determination of flood hazards and, if appropriate,
corresponding water surface elevations, or an examination, evaluation and determination
of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
FLOOD INSURANCE RATE MAP or FIRM - means an official map of a community,
on which the Federal Emergency Management Agency has delineated both the special
flood hazard areas and the risk premium zones applicable to the community.
FLOODPLAIN or FLOOD PRONE AREA - means any land area susceptible to being
inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT - means the operation of an overall program of
corrective and preventive measures for reducing flood damage, including but not limited
to emergency preparedness plans, flood control works and floodplain management
regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning, ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances
(such as a flooding ordinance, grading ordinance and erosion control ordinance) and
other applications of police power. The term describes such state or local regulations, in
any combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
FLOOD PROTECTION SYSTEM - means those physical structural works for which
funds have been authorized, appropriated, and expended and which have been
constructed specifically to modify flooding in order to reduce the extent of the area
within a community subject to a "special flood hazard" and the extent of the depths of
associated flooding. Such a system typically includes hurricane tidal barriers, dams,
reservoirs, levees or dikes. These specialized flood modifying works are those
constructed in conformance with sound engineering standards.
FLOOD PROOFING - means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
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estate or improved real property, water and sanitary facilities, structures and their
contents.
FREEBOARD ? is a factor of safety above the BFE. (The City requires 1 foot above the
BFE.)
FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual
listing on the National Register.
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or
a district preliminarily determined by the Secretary to qualify as a
registered historic district.
3. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary
of the Interior.
4. Individually listed on a local inventory or historic places in communities
with historic preservation programs that have been certified either.
a. By an approved state program as determined by the Secretary of
the Interior.
b. Directly by the Secretary of the Interior in states without approved
programs.
LEVEE - means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or divert
the flow of water so as to provide protection from temporary flooding.
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LEVEE SYSTEM - means a flood protection system, which consists of a levee, or levees,
and associated structures, such as closure, and drainage devices, which are constructed
and operated in accordance with sound engineering practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking or
vehicles, building access or storage in an area other than a basement area is not
considered a building's lowest floor; provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirement of
Section 60.3 of the National Flood Insurance Program regulations.
MANUFACTURED HOME - means a structure transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. The term "manufactured home" does
not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the
North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION - means, for the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or after the effective date
of an initial FIRM or after December 31, 1974, whichever is later, and includes any
subsequent improvements to such structures. For floodplain management purposes, "new
construction" means structures for which the "start of construction" commenced on or
after the effective date of a floodplain management regulation adopted by a community
and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of floodplain management
regulations adopted by a community.
NON-RESIDENTIAL STRUCTURE ? includes, but is not limited to: small business
concerns, churches, schools, farm buildings (including grain bins and silos), poolhouses,
clubhouses, recreational buildings, mercantile structures, agricultural and industrial
structures, warehouses, hotels and motels with normal room rentals for less than 6
months? duration, and nursing homes.
RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii)
400 square feet or less when measured at the largest horizontal projections; (iii) designed
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to be self-propelled or permanently towable by a light duty truck; and (iv) designed
primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
REGULATORY FLOODWAY or FLOODWAY - means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more than a
designated height.
RESIDENTIAL STRUCTURES - means a structure that is considered to be domicile or
is used for residential purposes for 6 months or more. Residential structures include a
single family home, multiple unit apartment buildings, a residential condominium, or a
manufactured or modular home.
RIVERINE ? means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
START OF CONSTRUCTION - (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes
substantial improvement and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition placement, or
other improvement was within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether or not
that alteration affects the external dimensions of the building.
STRUCTURE ? means, for floodplain management purposes, a walled and roofed
building, including a gas or liquid storage tank, that is principally above ground, as well
as a manufactured home.
SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would equal
or exceed 50 percent (50%) of the market value of the structure before the damage
occurred.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition,
or other improvement of a structure or any series of reconstructions, rehabilitations,
additions, or other improvements of a structure, the cumulative cost of which equals or
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exceeds 50 percent of the market value of the structure as of the effective date of this
Ordinance. This term includes structures which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not, however, include
either: (1) Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to assure safe
living conditions or (2) Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation as a "historic structure."
VARIANCE ? means a grant of relief by a community from the terms of a floodplain
management regulation. (For full requirements see Section 60.6 of the National Flood
Insurance Program regulations.)
VIOLATION - means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence of
compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
of the National Flood Insurance Program regulations is presumed to be in violation until
such time as that documentation is provided.
WATER SURFACE ELEVATION - means the height, in relation to the North American
Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
C.General Provisions
1. Lands to Which This Section Applies
This Section shall apply to all areas of special flood hazard within
the corporate limits and the extraterritorial jurisdiction of the City.
2. Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federal
Emergency Management Agency in the current scientific and
engineering report entitled, ?The Flood Insurance Study (FIS) for
{Guadalupe County Texas and Incorporated Areas Volume 1 &
2}," dated {November 2, 2007}, with accompanying Flood
Insurance Rate Maps and/or Flood Boundary-Floodway Maps
(FIRM and/or FBFM) dated {November 2, 2007}. Also applicable
are the effective FIS and FIRM maps for Bexar County dated
{September 29, 2010} and Comal County dated {September 2,
2009}. And any revisions thereto are hereby adopted by reference
and declared to be a part of this Ordinance.
3. Establishment of Floodplain Development Permit
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A Floodplain Development Permit shall be required to ensure
conformance with the provisions of this Section.
4.Compliance
No structure or land shall hereafter be located, altered, or have its
use changed without full compliance with the terms of this Section
and other applicable regulations.
5. Abrogation and Greater Restrictions
This Section is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this Section and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail as determined by the Floodplain
Administrator.
6. Interpretation
In the interpretation and application of this Section, all provisions
shall be; (1) considered as minimum requirements; (2) liberally
construed in favor of the governing body; and (3) deemed neither
to limit nor repeal any other powers granted under State statutes.
7. Warning and disclaimer of Liability
The degree of flood protection required by this Section is
considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. On rare occasions
greater floods can and will occur and flood heights may be
increased by man-made or natural causes. This Section does not
imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood
damages. This Section shall not create liability on the part of the
community or any official or employee thereof for any flood
damages that result from reliance on this Section or any
administrative decision lawfully made hereunder.
D Administration
1. Designation of the Floodplain Administrator
The City Manager or his/her designee is hereby appointed the
Floodplain Administrator to administer and implement the
provisions of this Section and other appropriate sections of 44 CFR
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(Emergency Management and Assistance - National Flood
Insurance Program Regulations) pertaining to floodplain
management.
2. Duties and Responsibilities of the Floodplain Administrator
The duties and responsibilities of the Floodplain Administrator
shall include, but not be limited to, the following:
a.Maintain and hold open for public inspection all records
pertaining to the provisions of this Section.
b. Reviews permit applications to determine whether the
proposed building site project, including the placement of
manufactured homes, will be reasonably safe from
flooding.
c. Review, approve or deny all applications for development
permits required by adoption of this Section.
d. Review permits for proposed development to assure that all
necessary permits relating to floodplain management have
been obtained from those Federal, State or local
governmental agencies (including Section 404 of the
Federal Water Pollution Control Act Amendments of 1972,
33 U.S.C. 1334) from which prior approval is required.
e. Where interpretation is needed as to the exact location of
the boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a
mapped boundary and actual field conditions) the
Floodplain Administrator shall make the necessary
interpretation.
f. Notify, in riverine situations, adjacent communities and the
State Coordinating Agency, which is the Texas Water
Board, prior to any alteration or relocation of a
watercourse, and require that evidence of such notification
is submitted to the Federal Emergency Management
Agency.
g. Assure that the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained.
h. When base flood elevation data has not been provided in
accordance with Section 21.13.3.C.2, the Floodplain
Administrator shall obtain, review and reasonably utilize
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any base flood elevation data and floodway data available
from a Federal, State or other source, in order to administer
the provisions of Section 21.13.3.E.
i. When a regulatory floodway has not been designated, the
Floodplain Administrator must require that no new
construction, substantial improvements, or other
development (including fill) shall be permitted within
Zones A1-30, A, AO, AH and AE on the community's
FIRM, unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all
other existing and anticipated development, will not
increase the water surface elevation of the base flood at any
point within the community unless said increase is
completely contained within the property of the
development.
j. Under the provisions of 44 CFR Chapter 1, Section 65.12,
of the National Flood Insurance Program regulations, a
community may approve certain development in Zones A1-
30, AE, AH, A or AO on the community's FIRM which
increases the water surface elevation of the base flood
provided that the community first completes all of the
provisions required by 44 CFR Chapter 1, Section 65.12.
3. Permit Procedures
a. Application for a Floodplain Development Permit shall be
presented to the Floodplain Administrator on forms
furnished by him/her and may include, but not be limited
to, plans in duplicate drawn to scale showing the location,
dimensions, and elevation of proposed landscape
alterations, existing and proposed structures, including the
placement of manufactured homes, and the location of the
foregoing in relation to areas of special flood hazard.
Additionally, the following information is required:
i.Elevation (in relation to mean sea level), of the
lowest floor (including basement) of all new and
substantially improved structures.
ii.Elevation (in relation to mean sea level), to which
any non-residential structure shall be flood-proofed.
iii.A certificate from a registered professional engineer
or architect that the non-residential flood-proofed
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structure shall meet the flood-proofing criteria of
Section 21.13.3.E.2.b.
iv.Description of the extent to which any watercourse
or natural drainage will be altered or relocated as a
result of proposed development.
v.Maintain a record of all such information in
accordance with Section 21.13.3.D.2.a.
b. Approval or denial of a Floodplain Development Permit by
the Floodplain Administrator shall be based on all of the
provisions of this Section and the following relevant
factors:
i. The danger to life and property due to flooding or
erosion damage.
ii. The susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owner.
iii. The danger that materials may be swept onto other
lands to the injury of others.
iv. The compatibility of the proposed use with existing
and anticipated development.
v. The safety of access to the property in times of
flood for ordinary and emergency vehicles.
vi. The costs of providing governmental services
during and after flood conditions including
maintenance and repair of streets and bridges, and
public utilities and facilities such as sewer, gas,
electrical and water systems.
vii. The expected heights, velocity, duration, rate of rise
and sediment transport of the floodwaters and the
effects of wave action, if applicable, expected at the
site.
viii. The necessity to the facility of a waterfront location,
where applicable.
ix. The availability of alternative locations, not subject
to flooding or erosion damage, for the proposed use.
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c. The Floodplain Administrator may grant a waiver to certain
submittal requirements, within the specified area shown on
Exhibit A, for new construction and substantial
improvements to be erected on a lot of ½ acre or less in size
contiguous to and surrounded by lots with existing structure
constructed below the base flood level, providing the
relevant factors in Section 21.13.3.D.3.b have been fully
considered and the standards of Section 21.13.3.E are met.
The ability to be granted a waiver for the requirements to
the specific area outlined in the exhibit attached hereto are:
i. To prevent slum and blight.
ii. To prevent undue hardship on property owners in
the area shown on Exhibit A to which the
substantial build out and close proximity of the
existing structures creates unique situations where
any impact may be deemed negligible.
4.Variance Procedures
a. The Appeal Board, as established by the community, shall
hear and render judgment on requests for variances from
the requirements of this Section.
b. The Appeal Board shall hear and render judgment on an
appeal only when it is alleged there is an error in any
requirement, decision, or determination made by the
Floodplain Administrator in the enforcement or
administration of this Section.
c. Any person or persons aggrieved by the decision of the
Appeal Board may appeal such decision in the courts of
competent jurisdiction.
d. The Floodplain Administrator shall maintain a record of all
actions involving an appeal and shall report variances to the
Federal Emergency Management Agency upon request.
e. Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on the
National Register of Historic Places or the State Inventory
of Historic Places, without regard to the procedures set
forth in the remainder of this Section.
f. Upon consideration of the factors noted above and the
intent of this Section, the Appeal Board may attach such
conditions to the granting of variances as it deems
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necessary to further the purpose and objectives of this
Section (Section 21.13.3.A.3).
g. Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result.
h. Variances may be issued for the repair or rehabilitation of
historic structures upon a determination that the proposed
repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the
variance is the minimum necessary to preserve the historic
character and design of the structure.
i. Prerequisites for granting variances:
i.Variances shall only be issued upon a determination
that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
ii.Variances shall only be issued upon: (1) showing a
good and sufficient cause; (2) a determination that
failure to grant the variance would result in
exceptional hardship to the applicant, and (3) a
determination that the granting of a variance will
not result in increased flood heights, additional
threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing
local laws or ordinances.
iii.Any application to which a variance is granted shall
be given written notice that the structure will be
permitted to be built with the lowest floor elevation
below the base flood elevation, and that the cost of
flood insurance will be commensurate with the
increased risk resulting from the reduced lowest
floor elevation.
j. Variances may be issued by a community for new
construction and substantial improvements and for other
development necessary for the conduct of a functionally
dependent use provided that (1) the criteria outlined in
Section 21.13.3.D.4 (a)-(j) are met, and (2) the structure or
other development is protected by methods that minimize
flood damages during the base flood and create no
additional threats to public safety.
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E. Provisions for Flood Hazard Reduction
1. General Standards
In all areas of special flood hazards the following provisions are
required for all new construction and substantial improvements:
a. All new construction or substantial improvements shall be
designed (or modified) and adequately anchored to prevent
flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
b. All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damage.
c. All new construction or substantial improvements shall be
constructed with materials resistant to flood damage.
d. All new construction or substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from
entering or accumulating within the components during
conditions of flooding.
e. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system.
f. New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system and discharge from the systems into
flood waters.
g. On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
2. Specific Standards
In all areas of special flood hazards where base flood elevation
data has been provided as set forth in (i) Section 21.13.3.C.2, (ii)
Section 21.13.3.D.2.h or (iii) Section 21.13.3.E.3.c the following
provisions are required:
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a. Residential Constructionnew construction and substantial
improvement of any residential structure shall have the
lowest floor (including basement), elevated to or above the
base flood elevation plus one foot of freeboard. A
registered professional engineer, architect, or land surveyor
shall submit a certification to the Floodplain Administrator
that the standard of this subsection as proposed in Section
21.13.3.D.3.a is satisfied.
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b. Non-Residential Constructionnew construction and
substantial improvements of any commercial, industrial or
other non-residential structure shall either have the lowest
floor (including basement) elevated to or above the base
flood level plus one foot of freeboard or together with
attendant utility and sanitary facilities, be designed so that
below the base flood level plus one foot of freeboard, the
structure is watertight with walls substantially impermeable
to the passage of water and with structural components
having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered
professional engineer or architect shall develop and/or
review structural design, specifications, and plans for the
construction, and shall certify that the design and methods
of construction are in accordance with accepted standards
of practice as outlined in this subsection. A record of such
certification which includes the specific elevation (in
relation to mean sea level) to which such structures are
flood-proofed shall be maintained by the Floodplain
Administrator.
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c. Enclosuresnew construction and substantial
improvements, with fully enclosed areas below the lowest
floor that are usable solely for parking of vehicles, building
access or storage in an area other than a basement and
which are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be
certified by a registered professional engineer or architect
or meet or exceed the following minimum criteria:
i. A minimum of two openings on separate walls
having a total net area of not less than 1 square inch
for every square foot of enclosed area subject to
flooding shall be provided.
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ii. The bottom of all openings shall be no higher than 1
foot above grade.
iii. Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that
they permit the automatic entry and exit of
floodwaters.
d. Manufactured Homes -
i. Require that all manufactured homes to be placed
within Zone A on a community's FHBM or FIRM
shall be installed using methods and practices which
minimize flood damage. For the purposes of this
requirement, the lowest floor of manufactured
homes must be elevated to one foot above the base
flood elevation and anchored to resist flotation,
collapse, or lateral movement. Methods of
anchoring may include, but are not limited to, use of
over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable State and
local anchoring requirements for resisting wind
forces.
ii. Require that manufactured homes that are placed or
substantially improved within Zones A1-30, AH,
and AE on the community's FIRM on sites (1)
outside of a manufactured home park or
subdivision, (2) in a new manufactured home park
or subdivision, (3) in an expansion to an existing
manufactured home park or subdivision, or (4) in an
existing manufactured home park or subdivision on
which a manufactured home has incurred
"substantial damage" as a result of a flood, be
elevated on a permanent foundation such that the
lowest floor of the manufactured home is one foot
above the base flood elevation and be securely
anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral
movement.
iii. Require that manufactured homes be placed or
substantially improved on sites in an existing
manufactured home park or subdivision with Zones
A1-30, AH and AE on the community's FIRM that
are not subject to the provisions in (1) or (2) be
elevated so that either:
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(a)The lowest floor of the manufactured home
is at or above the base flood elevation plus
one foot of freeboard, or
(b)The manufactured home chassis is supported
by reinforced piers or other foundation
elements of at least equivalent strength that
are no less than 36 inches in height above
grade and be securely anchored to an
adequately anchored foundation system to
resist flotation, collapse, and lateral
movement.
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e. Recreational Vehicles Require that recreational vehicles
placed on sites within Zones A1-30, AH, and AE on the
community's FIRM be fully licensed, have current motor
vehicle inspection certificate, state registration, is operable
and ready for highway use. A recreational vehicle is ready
for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities
and security devices, has no permanently attached
additions.
3. Standards for Subdivision Proposals
a. All subdivision proposals including the placement of
manufactured home parks and subdivisions shall be
consistent with Sections 21.13.3 of this Ordinance.
b. All proposals for the development of subdivisions
including the placement of manufactured home parks and
subdivisions shall meet Floodplain Development Permit
requirements of Section 21.13.3.C.3; Section 21.13.3.D.3;
and the provisions of Section 21.13.3.E of this Ordinance.
c. Base flood elevation data shall be generated for subdivision
proposals, Master Plans and other proposed development
including the placement of manufactured home parks and
subdivisions which is greater than 50 lots or 5 acres,
whichever is lesser, if not otherwise provided pursuant to
Section 21.13.3.C.2 of this Ordinance. Base flood
elevation data shall be generated for subdivision proposals,
Master Plans and other proposed development including
the placement of manufactured home parks and
subdivisions less than 5 acres, 50 lots, or where Zone A
exists within 100 feet of the property line, base flood
elevation data and/or elevation certificates may be required
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by the Floodplain Administrator to ensure any new
development is reasonably safe from flooding.
d. All subdivision proposals including the placement of
manufactured home parks and subdivisions shall have
adequate drainage provided to reduce exposure to flood
hazards.
e. All subdivision proposals including the placement of
manufactured home parks and subdivisions shall have
public utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize or
eliminate flood damage.
4.Standards for Areas of Shallow Flooding (AO/AH Zones)
Located within the areas of special flood hazard established in
Section 21.13.3.C.2, are areas designated as shallow flooding.
These areas have special flood hazards associated with flood
depths of 1 to 3 feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable, and where velocity
flow may be evident. Such flooding is characterized by ponding or
sheet flow; therefore, the following provisions apply:
a. All new construction and substantial improvements of
residentialstructures have the lowest floor (including
basement) elevated to or above the base flood elevation
plus one foot of freeboard.
b. All new construction and substantial improvements of non-
residentialstructures;
i.have the lowest floor (including basement) elevated
to or above the base flood elevation plus one foot of
freeboard, or
ii.together with attendant utility and sanitary facilities
be designed so that below the base specified flood
depth in an AO Zone, or below the Base Flood
Elevation plus one foot of freeboard in an AH Zone,
the structure is watertight with walls substantially
impermeable to the passage of water and with
structural components having the capability of
resisting hydrostatic and hydro-dynamic loads of
effects of buoyancy.
c. A registered professional engineer or architect shall submit
a certification to the Floodplain Administrator that the
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standards of this Section, as proposed in Section
21.13.3.D.3 are satisfied.
d. Require within Zones AH or AO adequate drainage paths
around structures on slopes, to guide flood waters around
and away from proposed structures.
5. Floodways
Lands located within areas of special flood hazard established in
Section 21.13.3.C.2, are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of
flood waters which carry debris, potential projectiles and erosion
potential, the following provisions shall apply:
a.Encroachments are prohibited, including fill, new
construction, substantial improvements and other
development within the adopted regulatory floodway unless
it has been demonstrated through hydrologic and hydraulic
analyses performed in accordance with standard
engineering practice that the proposed encroachment would
not result in any increase in flood levels within the
community during the occurrence of the base flood
discharge.
b. If Section 21.13.3.E.5.a above is satisfied, all new
construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions of
21.13.3E.
c. Under the provisions of 44 CFR Chapter 1, Section 65.12,
of the National Flood Insurance Program Regulations, a
community may permit encroachments within the adopted
regulatory floodway that would result in an increase in base
flood elevations, provided that the community first
completes all of the provisions required by Section 65.12.
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Exhibit A: Sec. 21.13.2 Flood Damage Prevention Ordinance
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Sec. 21.13.4 Drainage
A. Applicability. The provisions of this Article shall apply to any Capital
Improvement Project, application for Subdivision Plat, Master
Development Plan, Site Plan, Grading and Clearing Permit, and/or
Building Permit approval except as otherwise provided by this chapter. A
Storm Water Management Plan (SWMP) shall be provided as set forth in
section 21.13.2.
B. Storm Water Management Program
1. System Criteria
a. All storm water management facilities, or combination of
facilities, shall be designed for ultimate development.
Facilities with drainage areas less than one hundred (100)
acres none of which lies within the SFHA shall be designed
for a twenty-five-year storm. Facilities with drainage areas
over one hundred (100) acres or any part of which is within
a SFHA shall be designed for a 100-year storm or a twenty-
five-year storm plus freeboard, as defined in the Public
Works Specifications Manual, if that elevation is higher.
b. Detention facilities and streets are exceptions to the
frequency criteria cited above. Refer to the Public Works
Specifications Manual for specific drainage design criteria
for streets and detention facilities.
c. Three (3) development conditions shall be analyzed for
each development.
i.Existing Conditions. This refers to current
development conditions in the watershed and on-
site. Use as the baseline analysis for determining the
impact of development.
ii.Proposed Conditions. This refers to existing
conditions with the proposed development added.
Use to determine if the increased runoff from the
proposed development results in an adverse impact
to other properties.
iii.Ultimate Conditions. This refers to ultimate
development conditions within the watershed used
to design the drainage facilities. This condition may
be used in-lieu of subsection (ii) above, to
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determine if the increased runoff from the ultimate
watershed development results in an adverse impact
to other properties.
d Responsibility to Accept Storm Water
The owner or developer of property to be developed shall
be responsible for the conveyance of all storm water
flowing through the property. This responsibility includes
the storm water flowing onto the property by any other
developed property as well as the drainage naturally
flowing through the property by reason of topography.
Future upstream development shall be accounted for by
assuming ultimate development when sizing drainage
systems as specified in this section.
e. Positive Overflow Pathways
Storm Water Management Facilities for local drainage
systems will be designed to ensure that a positive overflow
pathway is provided to the nearest one hundred (100) year
conveyance facility. The overflow pathway must be
delineated on a plan that shows all existing structures in the
vicinity impacted by the overflow pathway.
f. Maintenance
i. Maintenance of publicly owned facilities will be the
responsibility of the City. Maintenance of private
facilities is the responsibility of the property owner
or the community association and must be specified
in a maintenance schedule submitted to the City. A
maintenance schedule for privately owned facilities
must be approved by the Director of Public Works
prior to the approval of construction drawings.
ii. Authorized personnel from the City shall conduct
periodic inspections of these facilities and
structures. Any required repairs will be consistent
with current construction standards. Maintenance
issues identified by the City or State during
inspections shall be the responsibility of the current
owner.
iii. If the current owner fails to address any
maintenance issues identified by the City or State,
then the City may perform required maintenance at
the expense of the current owner.
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g. New Development
Peak storm water runoff rates from all new development
shall be less than or equal to the peak runoff rates from the
site?s predevelopment conditions for the five-year, twenty-
five-year and one-hundred-year (100-yr) design storm
events, except as provided in subsection B.1, above.
h. Redevelopment
Peak storm water runoff rates from an area of
redevelopment shall be less than or equal to the peak runoff
rates produced by existing development conditions for the
five-year, twenty-five-year and one hundred (100) year
design storm events, except as provided in subsection B.1,
above.
C. Drainage Easements/Rights-of-Way
1. Where a subdivision is traversed by a watercourse, drainage way,
natural channel or stream, there shall be provided an easement or
right-of-way conforming substantially to the limit of such
watercourse, plus additional width as outlined below.
2. Easements shall be the one hundred (100) year floodplain or the
twenty-five-year plus freeboard (Public Works Specifications
Manual) whichever is greater. In floodplain areas where ongoing
maintenance is required or the floodplain will be reserved for use
by the public, the drainage easements shall be maintained by a
public entity and the property will be dedicated to the City as a
multi-use drainage easement. A drivable access way shall be
provided in floodplain easements for the length of the easement.
Diversion of storm water away from the natural watercourse will
not be allowed except within the boundaries of the property
controlled by the developer, provided that the diverted water is
returned to the watercourse within which it would naturally have
been flowing prior to leaving the developer?s property. An analysis
of the timing of the diverted hydrograph on watersheds greater
than twenty (20) acres, as it reenters the receiving watercourse,
must be performed to show that the peak flow rate in the receiving
watercourse has not been increased as a result of the diversion.
3. An unobstructed access right-of-way connecting the drainage
easement with an alley or roadway parallel to or near the easement
shall be provided at a minimum spacing of one (1) access right-of-
way at approximately one thousand-foot intervals. The access
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right-of-way shall be a minimum of fifteen (15) feet in width and
shall be maintained clear of obstructions that would limit
maintenance vehicular access. If the flow line of the designed
channel incorporates grade control structures or vehicular bridges
that would prevent maintenance equipment from accessing that
portion of the channel, additional access points may be required.
Channel design, earthen or concrete, shall have ramps in the side
slopes near the access points that would allow maintenance
equipment to descend to the floor level of the channel. The
maximum allowable ramp slope for vehicular access is seven to
one (7:1). Access points adjacent to roadways or alleys shall be
provided with a post and cable feature with padlock to prevent
unauthorized use.
4. For single family residential subdivisions, drainage easements
crossing lots and property lines are prohibited. Drainage
easements should be placed in separate common area lots. Fencing
or other structures may be allowed across drainage easements only
in accordance with the following restrictions:
a. The fence or structure will not interfere with adequate
drainage flow.
b. Bottom of fence shall be a minimum of the flow depth, plus
freeboard (see Public Works Specifications Manual) above
design flow line of channel or drain. Fences located within
drainage easements shall be equipped with a bar screen at
the bottom to allow for proper drainage flow to be
approved by the Driector of Public Works or his/her
designee.
c. A hinged gate will be placed across the entire width of the
drainage easement.
d. Fence posts located within the easement must be
structurally designed to resist damage from the storm water
flows and impact from debris.
e. A Floodplain Development Permit will be required to
construct a fence within an easement within the 100-year
floodplain.
5. Interceptor drainage easements and channels shall be provided
where the drainage area to the back of platted lots exceeds the
depth of one (1) platted residential lot or 120 feet whichever is
greater. Interceptor drains shall be constructed prior to the issuing
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of building permits on any lot that would be affected by natural
drainage being intercepted.
6. All developments shall provide for adequate drainage outfall at the
lower end of the site into an existing street, alley, drainage,
easements or right-of-way, or to the centerline of an existing
natural drain. Where proposed street, storm sewer, or open channel
does not discharge into a natural low or into an existing adequate
drainage easement then facilities and drainage easements of
adequate width to contain the design discharge shall be constructed
and dedicated to the centerline of an existing natural low within the
same watershed. However, where the natural low lies within the
developer?s property, the developer will be required only to plat an
easement to natural low and include the design storage area for the
volume of runoff, provided that the easement is adequate to
accommodate the facilities that will be built in conjunction with
the future development of that property to build out of the
watershed.
D. Site Design and Grading
1. All land disturbing or land filling activities or soil storage shall be
undertaken in a manner designed to minimize surface runoff,
erosion and sedimentation, and to safeguard life, limb, property
and the public welfare in accordance with the TPDES General
Permit TXR150000, as amended, and the document entitled
?Complying with the Edwards Aquifer Rules; Technical Guidance
on Best Management Practices,? by Michael E. Barrett, Ph.D., P.E.
Center for Research in Water Resources, Bureau of Engineering
Research, University of Texas at Austin, (RG-348, July 2005),
which documents are hereby incorporated by this reference.
2. Erosion and sedimentation controls in accordance with the
specifications established by the Director of Public Works in
compliance with the Texas Pollutant Discharge Elimination
System (TPDES) permitting requirements and the Public Works
Specifications Manual are required.
3. Projects shall not be considered complete until restoration has been
made in accordance with TPDES requirements.
4. Where possible, multiple uses of drainage facilities and open space
shall be incorporated by the owner or developer of a new
subdivision. Alternative uses such as public recreation,
horse/bike/hiking trails, walking paths, nature preserves, wildlife
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habitat areas, etc. are encouraged subject to the approval of the
Director of Public Works.
5. A note must be placed on the plat for residential lots, which states
that finished floor elevations must be a minimum of eight (8)
inches above final adjacent grade. A grading plan shall be prepared
and submitted to the City, which indicates typical lot grading for
all lots in the subdivision using typical FHA lot grading types (A,
B and C). A more detailed grading plan is also acceptable.
E. For projects or series of projects with an increased impervious area of
greater than 0.1 acres, storm water detention shall mitigate peak flow rates
to predevelopment or existing development conditions including the initial
0.1 acres increase as stated in sections 21.13.4.B. of this Article.
1. The maximum allowable outflow rate from the detention facility
must be restricted to the flow rate from the undeveloped or existing
development tract for the five-year, twenty-five-year and one-
hundred-year frequency. Best Management Practices shall be used
in the design of detention facilities in accordance with this section.
The timing of the hydrograph released from the detention facility
must be checked against the timing of the flow rate in the first
open watercourse to prevent any increase in the peak flow rate in
the receiving watercourse. For detention basins constructed in-line
on an existing watercourse, the creation of the basin shall not
increase flood elevations in the channel upstream of the new
development boundaries.
2. On-site detention facilities must be privately owned and shall be
maintained by the community association or property owner. A
maintenance schedule shall be submitted to the Public Works
Department and approved by the Director of Public Works prior to
approval of construction plans. The City will have the right to do
periodic inspections of privately owned and maintained detention
facilities to ensure that the maintenance schedule is being
implemented.
3. Multi-use facilities are encouraged, but not required (multi-use
facilities allows for water quality, satisfy TPDES requirements,
enhance ground water recharge, provide open space, provide
recreation or other amenities, and/or provide habitat) and may be
utilized so long as the facility meets the standards set forth in
subsection (B.1.a) of this section and does not increase the rate or
volume of erosion above that which would result from the use of a
facility without multiple uses. The use of multi-use detention
facilities to alleviate existing flooding problems, enhance and
provide amenities for older neighborhoods, and support the
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revitalization of economically depressed areas is encouraged in
public and private redevelopment initiatives.
4. Storm water retention with permanent wet pool or pumped
detention systems will not be acceptable methods of storm water
mitigation unless the facility will remain privately owned,
operated, and maintained. The City will approve the use of a
pumped facility for private use under the following conditions:
a.A gravity system is not feasible from an engineering and
economic standpoint.
b. At least two (2) pumps are provided each of which is sized
to pump the design flow rate.
c. The selected design outflow rate must not aggravate
downstream flooding.
d. Controls and pumps shall be designed to prevent
unauthorized operation and vandalism.
e. Adequate assurance is provided that the system will be
operated and maintained on a continuous basis.
5. All storm water detention facilities considered to be dams as
defined by Texas Commission on Environmental Quality (TCEQ)
shall conform to any applicable law, regulation, and ordinance of
any regulatory entity and the following criteria:
a. All dams shall be approved by the Dam Safety Team of the
Texas Commission on Environmental Quality (TCEQ) for
safety. All other new dams shall be designed in accordance
with acceptable design criteria as approved by the Director
of Public Works, or his authorized representative.
b. All hydrology and hydraulic properties of a dam will be
reviewed by the Department of Public Works with regard
to spillway design, freeboard hydraulics, backwater curves
and downstream effects due to the dam site.
c. The spillway section of any earthen dam with a height
greater than six (6) feet shall be large enough to pass a
PMP (probable maximum precipitation) flood, as defined
by the NRCS, without overtopping the crest of the dam in
accordance with TCEQ regulations.
d. A 100-year frequency flood shall be routed through the
proposed dam and all land subject to flooding shall be
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dedicated as drainage easement or right-of-way. An
unobstructed fifteen-foot access easement around the
periphery of the flooded area shall be dedicated as drainage
easement for facilities that require regular mowing or other
ongoing maintenance, at the discretion of the Director of
Public Works. An unobstructed fifteen-foot access right-of-
way shall be established which connects the drainage
easement adjacent to the dam structure to a road or alley.
e. Development below existing dams will take into account
the original design conditions of the existing dam. Dam
breach analysis checks will be required, dependent upon
location of development with respect to dam site.
f. All spillway discharges shall be adequately routed to the
centerline of the natural low below the dam site. The
adequate routing of spillway discharges pertains to the
hydraulic routing of the one hundred (100) year frequency
flood for dedication of drainage easement limits. Probable
maximum precipitation (PMP) defined PMP on definition
section flood routing or breaches will only be considered
for safety considerations (that is, the placement of building
and the setting of minimum floor slab elevations below the
dams). Any proposed concrete dam structure need not have
spillway capable of routing a PMP flood, however, it shall
be shown to be structurally capable of withstanding any
range of flood conditions with regard to possible failure
due to sliding, overturning, and structural integrity, up to
and including the PMP flood.
21.13.5 Control of Storm Water Run-off
A.Procedure for Submittal of a Storm Water Management Plan
To standardize the review process and minimize the time for approval by
the City during review of any applications indicated in Section 21.13.4.A
of this Article, a complete submittal regarding the analysis of existing
drainage conditions and the design of modifications or new drainage
facilities is necessary. The owner of the property to be developed is
required by the Director of Public Works to provide, at the owner?s
expense and as a condition of construction plan approval, a Storm Water
Management Plan (SWMP) for the total development area to be ultimately
constructed. The SWMP shall contain all of the necessary support data,
methodologies used in calculations, and conclusions as required by the
Public Works Specifications Manual (Section 4.3). A checklist is found in
the Public Works Specifications Manual (Section 6) that will be used by
the City reviewer as a guide during the evaluation of all SWMPs
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submitted to the City. The purpose of the checklist is to expedite the
review process for both the engineer and the City, and to aid the engineer
in the preparation of reports for the City?s review. The SWMP shall be
submitted to the Director of Public Works or his/her designee prior to
approval of any construction plans.
B. Purpose and Intent
The purpose of the Ordinance for the Control of Storm Water Run-off
(?this Ordinance?) is to establish minimum storm water management
requirements and controls to protect and safeguard the general health,
safety, and welfare of the public residing in watersheds within this
jurisdiction. This Ordinance seeks to meet that purpose through the
following objectives:
1. Minimize storm water run-off from any property in order to reduce
flooding, siltation, increases in stream temperature, stream bank
erosion and maintain the integrity of stream channels.
2. Minimize nonpoint source pollution caused by storm water run-off
from property which would otherwise degrade local water quality.
3. Minimize the total annual volume of surface water run-off which
flows from any specific site during and following development to
not exceed the pre-development hydrologic regime to the
maximum extent practicable.
4. Reduce storm water run-off rates and volumes, soil erosion and
nonpoint source pollution, through storm water management
controls and to ensure that these management controls are properly
maintained and pose no threat to public safety.
C. Applicability
This Ordinance shall be applicable to all territory within the corporate
limits and extraterritorial jurisdiction of the City including any developed
and undeveloped land unless explicitly exempted by Section 4 of this
Ordinance or an authorized state or federal enforcement agency. This
Ordinance also applies to land development activities that are smaller than
the minimum applicability criteria if such activities are part of a larger
common plan of development that meets the following applicability
criteria, even though multiple separate and distinct land development
activities may take place at different times on different schedules. In
addition, all plans may also be reviewed by local environmental protection
officials to ensure that established water quality standards will be
maintained during and after development of the site and that post
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construction run-off levels are consistent with any local and regional
watershed plans.
To prevent the adverse impacts of storm water run-off, the City has
developed a set of performance standards that must be met by new
developments. These standards apply to any construction activity
disturbing one (1) acre or more of land. The following activities may be
exempt from these storm water performance criteria:
1.Any emergency activity that is immediately necessary for the
protection of life, property, or natural resources. Public Works
must be notified within 24 hours of such activities.
2.The removal of underbrush, dead trees, and diseased or damaged
trees which constitute a hazard to life and property based upon
field inspection verification.
3.Grading and clearing practices associated with agricultural
operations, excluding timber cutting, grading cuts or fills, and
work within designated special flood hazard area.
D. Responsibility for Administration
Public Works shall administer, implement, and enforce the provisions of
this Ordinance. Any powers granted or duties imposed upon the
authorized enforcement agency may be delegated in writing by the
Director of Public Works or his/her designee to persons or entities acting
in the beneficial interest of the City. Whenever the requirements of this
Ordinance are in conflict with the requirements of any other adopted rules,
regulations, or ordinances, the requirement that is most restrictive or that
imposes the higher standards, as determined by the Director of Public
Works or his/her designee, shall apply.
E. Ultimate Responsibility
The issuance of any permit, certificate, or approval in accordance with the
standards and requirements of this Ordinance shall not relieve the recipient
of such permit, certificate, or approval from the responsibility of
complying with all other applicable requirements of any other
municipality, county, special district, state or federal agency having
jurisdiction over the storm drainage system for which the permit,
certificate or approval was issued. This Ordinance does not intend or
imply that compliance by any person will ensure that there will not be
contamination, pollution, or unauthorized discharge of pollutant.
F. Development of a Storm Water Design Manual
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The City may furnish additional policy, criteria, and information including
specifications and standards, for the proper implementation of the
requirements of this Ordinance and may provide such information in the
form of a Storm Water Design Manual as part of the Public Works
Specifications Manual. This manual will include a list of acceptable storm
water treatment practices, including the specific design criteria and
operation and maintenance requirements for each storm water practice.
The manual may be updated and expanded at the discretion of the local
review authority, based on improvements in engineering, science,
monitoring, and local maintenance experience. Storm water treatment
practices that are designed and constructed in accordance with these
design and sizing criteria will be presumed to meet the minimum water
quality performance standards of the City.
G. Permit Required
No land owner or land operator shall receive a Grading and Clearing
Permit, Development Permit or Construction Permit, required for land
disturbance activities, without first meeting the requirements of this
Ordinance prior to commencing the proposed activity.
H. Application Requirements
Unless specifically excluded by this Ordinance, any land owner or
operator desiring a permit for a land disturbance activity shall submit to
the City a permit application on a form provided for that purpose.
Unless otherwise excluded by this Ordinance, a permit application must be
accompanied by the following:
1. A storm water management concept plan.
2. A maintenance agreement.
3 A non-refundable permit review fee.
The storm water management plan and maintenance agreement shall be
prepared to meet at minimum the requirements of this Ordinance, the
Public Works Specifications Manual, the Unified Development Code, and
any other applicable law, code, or ordinance. The fees shall be
established by the City in the current fee schedule at the time of
application submittal, or as required in this Ordinance.
The City may, at its discretion, require the submittal of a performance
bond/escrow in the amount of $1,000/acre prior to the issuance of a permit
in order insure that the storm water management practices as required by
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the plans approved for the permit are installed and maintained by the
permit holder for the duration of the construction activity. The
performance bond or escrow will not be released until all land disturbed
by construction activity has 85% coverage of approved vegetation as
determined by the Director of Public Works or his/her designee.
I. Application Review Fees
The fee for review of any land development application shall be based on
the amount of land to be disturbed at the site, and the fee structure shall be
established by the City. All of the monetary contributions shall be
credited to a local budgetary category to support local plan review,
inspection, and program administration. Payment shall be made prior to
the issuance of any permit for the development.
J. Application Procedure
1. Applications for land disturbance activity permits must be filed
with the Inspections Department on any regular business day.
2. A copy of this permit application shall be forwarded to the
appropriate department(s) for review.
3. Permit applications shall include the following; two copies of the
storm water management concept plan, two copies of the
maintenance agreement, one copy of the storm water management
concept plan, and the maintenance agreement in PDF on a
CD/DVD, and any required review fees.
4. Within 30 days of the receipt of a complete permit application,
including all documents as required by this Ordinance, the City
shall inform the applicant whether the application, plan, and
maintenance agreement are approved or disapproved.
5. If the permit application, storm water management plan, or
maintenance agreement are disapproved, the applicant may revise
the storm water management plan or agreement. If additional
information is submitted, the City shall have 30 days from the date
the additional information is received to inform the applicant that
the plan and maintenance agreement are either approved or
disapproved.
K. Permit Duration
Permits issued under this section shall be valid from the date of issuance
through the date of completion as specified on each individual permit. It
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is the responsibility of the applicant to ensure that all storm water
management practices have passed the final inspection required under the
permit?s conditions, or an extension has been approved if applicable by the
date of completion of the permit.
L. Waivers for Providing Storm Water Management
1. Every applicant shall provide for storm water management as
required by this Ordinance, unless a written request is filed to
waive this requirement.Requests to waive the storm water
management plan requirements shall be submitted to the City for
approval.
The minimum requirements for storm water management may be
waived in whole or in part upon written request of the applicant,
provided that at least one of the following conditions applies:
a. It can be demonstrated that the proposed development is
not likely to impair attainment of the objectives of this
Ordinance.
b. Alternative minimum requirements for on-site management
of storm water discharges have been established in a storm
water management plan that has been approved by the City
and the implementation of the plan is required by local
ordinance.
c. Provisions are made to manage storm water by an off-site
facility. The off-site facility is required to be in place and
be designed and adequately sized to provide a level of
storm water control that is equal to or greater than that
which would be afforded by on-site practices and there is a
legally obligated entity responsible for long-term operation
and maintenance of the storm water practice.
d. The City determines that meeting the minimum on-site
management requirements is not feasible due to the natural
or existing physical characteristics of a site.
e. Non-structural practices will be used on the site that
reduces: 1.) the generation of storm water from the site, 2.)
the size and cost of storm water storage and 3.) the
pollutants generated at the site. These non-structural
practices are explained in detail in the current design
manual and the amount of credit available for using such
practices shall be determined by the City.
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2. In instances where one of the conditions above applies, the City
may grant a waiver from strict compliance with these storm water
management provisions, as long as acceptable mitigation measures
are provided. However, to be eligible for a variance, the applicant
must demonstrate to the satisfaction of the City that the variance
will not result in the following impacts to downstream waterways:
a. Deterioration of existing culverts, bridges, dams, and other
structures.
b. Degradation of biological functions or habitat.
c. Accelerated stream bank or stream bed erosion or siltation.
d. Increased threat of flood damage to public health, life,
safety, and/or property.
3. Furthermore, where compliance with minimum requirements for
storm water management is waived, the applicant will satisfy the
minimum requirements by meeting one of the mitigation measures
selected by the jurisdictional storm water authority. Mitigation
measures may include, but are not limited to, the following:
a. The purchase and donation of privately owned lands, or the
grant of an easement to be dedicated for preservation
and/or reforestation. These lands should be located
adjacent to the stream corridor in order to provide
permanent buffer areas to protect water quality and aquatic
habitat.
b. The creation of a storm water management facility or other
drainage improvements on previously developed properties,
public or private, that currently lack storm water
management facilities designed and constructed in
accordance with the purposes and standards of this
Ordinance.
c. Monetary contributions (fee-in-lieu) to fund storm water
management activities such as research and studies (e.g.,
regional wetland delineation studies, stream monitoring
studies for water quality and macro-invertebrates, stream
flow monitoring, threatened and endangered species
studies, hydrologic studies, and monitoring of storm water
management practices).
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4. The City Manager or his/her designee may authorize waivers from
the provisions of this Ordinance when, in his/her opinion, undue
hardship will result from requiring strict compliance. In granting a
waiver, the City Manager shall prescribe only conditions that
he/she deems necessary or desirable to the public interest. In
making his/her findings, the City Manager shall take into account
the nature of the proposed use of the land involved and existing
uses of land in the vicinity, the number of persons who will reside
or work in the proposed subdivision, and the probable effect of
such waivers upon traffic conditions and upon the public health,
safety, convenience, and welfare in the vicinity. Waivers shall not
be granted unless the City Manager finds:
a. That the granting of the waiver will not be detrimental to
the public health, safety, or welfare, or injurious to other
property in the area, and will not violate any applicable law
or ordinance of any regulatory entity.
b. That the granting of the waiver will be in harmony with the
general purpose and intent of the UDC and any other
applicable code or ordinance so that the public health,
safety, and welfare may be secured and justice done.
5. Such findings of the City Manager, together with the specified
facts upon which such findings are based, shall be incorporated
into the official records of any related permit for which such
waiver is granted.
6. The City Manager may establish a time period for execution of
each granted waiver. Any decision of the City Manager or his/her
designee regarding waivers to the provisions of this Ordinance
may be appealed to the City Council. When considering an appeal,
the City Council shall consider the same standards as the City
Manager, as outlined above.
M. Fee in Lieu of Storm Water Management Practices
Where the City waives all or part of the minimum storm water
management requirements, or where the waiver is based on the provision
of adequate storm water facilities provided downstream of the proposed
development, the applicant shall be required to pay a fee in an amount as
determined by the City. When an applicant obtains a waiver of the
required storm water management, the monetary contribution required
shall not exceed the proportionate cost of his/her contribution to the
system discharged into (unless the applicant and storm water authority
reach an agreement on a greater alternate contribution). All of the
monetary contributions shall be credited to an appropriate capital
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improvements program project, and shall be made by the developer prior
to the issuance of any permit for development.
N. Dedication of Land
In lieu of a monetary contribution, an applicant may obtain a waiver of the
required storm water management by entering into an agreement with the
City for the granting of an easement or the dedication of land by the
applicant, to be used for the construction of an off-site storm water
management facility. The agreement shall be entered into by the applicant
and the City prior to the recording of plats or, if no record plat is required,
prior to the issuance of the building permit.
O. General Performance Criteria for Storm Water Management
Unless judged by the City to be exempt or by waiver, the following
performance criteria shall be addressed for storm water management at all
sites:
1. All site designs shall establish storm water management practices
to control the peak flow rates of storm water discharge associated
with specified design storms and reduce the generation of storm
water. These practices should seek to utilize pervious areas for
storm water treatment and to infiltrate storm water run-off from
driveways, sidewalks, rooftops, parking lots, and landscaped areas
to the maximum extent practical to provide treatment for both
water quality and quantity.
2. All storm water run-off generated from new development shall not
discharge untreated storm water directly into a jurisdictional
wetland or local water body without adequate treatment. Where
such discharges are proposed, the impact of the proposal on
wetland functional values shall be assessed using a method
acceptable to the City. In no case shall the impact on functional
values be any less than allowed by the United States Army Corp of
Engineers (USACE) or the Texas Commission of Environmental
Quality (TCEQ) responsible for natural resources.
3. Annual groundwater recharge rates shall be maintained by
promoting infiltration through the use of structural and non-
structural methods.
4. For new development, structural storm water treatment practices
(STP) shall be designed to remove the average annual post
development total suspended solids load (TSS). It is presumed that
a STP complies with this performance standard if it is:
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a. Sized to capture the prescribed water quality volume
(WQ).
v
b. Designed according to the specific performance criteria
outlined in the local storm water design manual.
c. Constructed properly and maintained regurlarly.
5. To protect stream channels from degradation, specific channel
protection criteria shall be provided as prescribed in the current
storm water manual.
6. Storm water discharges to critical areas with sensitive resources
(i.e. Edwards Aquifer regulated zones and other water supply
reservoirs) will be required to meet the requirements of the
Edwards Aquifer Protection Program.
7. Certain industrial sites are required to prepare and implement a
storm water pollution prevention plan, and shall file a notice of
intent (NOI) under the provisions of the Texas Pollutant Discharge
Elimination System (TPDES) general permit. The storm water
pollution prevention plan requirement applies to both existing and
new industrial sites.
8. Storm water discharges from land uses or activities with higher
potential pollutant loadings, known as ?hotspots?, may require the
use of specific structural storm water treatment practice (STPs) and
pollution prevention practices.
9. Prior to design, applicants are required to consult with the City to
determine if they are subject to additional storm water design
requirements.
10. The calculations for determining peak flows as found in the Public
Works Specification Manual shall be used for sizing all storm
water management practices.
P. Minimum Control Requirements
All storm water management practices will be designed so that the specific
storm frequency storage volumes (e.g., recharge, water quality, channel
protection, 5 year, 25 year, 100 year) as identified in the current storm
water design manual are met, unless the City grants the applicant a waiver
or the applicant is exempt from such requirements.
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In addition, if hydrologic or topographic conditions warrant greater control
than that provided by the minimum control requirements, the City reserves
the right to impose any and all additional requirements deemed necessary
to control the volume, timing, and rate of run-off.
Q. Site Design Feasibility
Storm water management practices for a site shall be chosen based on the
physical conditions of the site. Among the factors that should be
considered:
1. Topography
2. Maximum Drainage Area
3. Depth to Water Table
4. Soils
5. Slopes
6. Terrain
7. Head
8. Location in relation to environmentally sensitive features or ultra-
urban areas
R. Conveyance Issues
All storm water management practices shall be designed to convey storm
water to allow for the maximum removal of pollutants and reduction in
flow velocities. This shall include, but not be limited to:
1. Maximizing of flowpaths from inflow points to outflow points
2. Protection of inlet and outfall structures
3. Elimination of erosive flow velocities
4. Providing of underdrain systems, where applicable
The Storm Water Design Manual shall provide detailed guidance on the
requirements for conveyance for each of the approved storm water
management practices.
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S. Treatment/Geometry Conditions
All storm water management practices shall be designed to capture and
treat storm water run-off according to the specifications outlined in the
Storm Water Design Manual. These specifications will designate the
water quantity and quality treatment criteria that apply to an approved
storm water management practice.
T. Landscaping Plans Required
All storm water management practices must have a landscaping plan
detailing both the vegetation to be in the practice and how and who will
manage and maintain this vegetation.
U. Maintenance Agreements
All storm water treatment practices shall have an enforceable operation
and maintenance agreement to ensure the system functions as designed.
This agreement will include any and all maintenance easements required
to access and inspect the storm water treatment practices, and to perform
routine maintenance as necessary to ensure proper functioning of the
storm water treatment practice. In addition, a legally binding covenant
specifying the parties responsible for the proper maintenance of all storm
water treatment practices shall be secured prior to issuance of any permits
for land disturbance activities.
V. Non-Structural Storm Water Practices
The use of non-structural storm water treatment practices is encouraged in
order to minimize the reliance on structural practices. Credit in the form
of reductions in the amount of storm water that must be managed can be
earned through the use of non-structural practices that reduce the
generation of storm water from the site. These non-structural practices are
explained in detail in the current design manual and applicants wishing to
obtain credit for use of non-structural practices must ensure that these
practices are documented and remain unaltered by subsequent property
owners.
W.Storm Water Management Plan Required for All Developments
No application for development will be approved unless it includes a
storm water management plan detailing in concept how run-off and
associated water quality impacts resulting from the development will be
controlled or managed. This plan must be prepared by an individual
approved by the City, must indicate whether storm water will be managed
on-site or off-site and the general location and type of practices.
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The storm water management plan(s) shall be referred for comment to all
other interested agencies, and any comments must be addressed in a final
storm water management plan. This final plan must be signed by a
licensed professional engineer (PE), who will verify that the design of all
storm water management practices meet the submittal requirements
outlined in the Submittal Checklist found in the storm water design
manual. No Grading and Clearing Permit, Development Permit or
Construction Permit shall be issued until a satisfactory final Storm Water
Management Plan, or a waiver thereof, shall have undergone a review and
been approved by the City after determining that the plan or waiver is
consistent with the requirements of this Ordinance.
X.Storm Water Management Concept Plan Requirements
A storm water management concept plan shall be required with all permit
applications and will include sufficient information (i.e, maps, hydrologic
calculations, etc) to evaluate the environmental characteristics of the
project site, the potential impacts of all proposed development of the site,
both present and future, on the water resources, and the effectiveness and
acceptability of the measures proposed for managing storm water
generated at the project site. The intent of this conceptual planning process
is to determine the type of storm water management measures necessary
for the proposed project, and ensure adequate planning for management of
storm water run-off from future development. To accomplish this goal the
following information shall be included in the concept plan:
1. A map (or maps) indicating the location of existing and proposed
buildings, roads, parking areas, utilities, structural storm water
management and sediment control facilities. The map(s) will also
clearly show proposed land use with tabulation of the percentage
of surface area to be adapted to various uses; drainage patterns;
locations of utilities, roads and easements; the limits of grading
and clearing; a written description of the site plan and justification
of proposed changes in natural conditions may also be required.
2. Sufficient engineering analysis to show that the proposed storm
water management measures are capable of controlling run-off
from the site in compliance with this Ordinance and the
specifications of the Storm Water Design Manual.
3. A written or graphic inventory of the natural resources at the site
and surrounding area as it exists prior to the commencement of the
project and a description of the watershed and its relation to the
project site. This description should include a discussion of soil
conditions, forest cover, topography, wetlands, and other native
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vegetative areas on the site. Particular attention should be paid to
environmentally sensitive features that provide particular
opportunities or constraints for development.
4. A written description of the required maintenance burden for any
proposed storm water management facility.
5. The City may also require a concept plan to consider the maximum
development potential of a site under existing zoning, regardless of
whether the applicant presently intends to develop the site to its
maximum potential.
Y.Final Storm Water Management Plan Requirements
After review of the storm water management concept plan, and
modifications to that plan as deemed necessary by the City, a final storm
water management plan must be submitted for approval. The final storm
water management plan, in addition to the information from the concept
plan, shall include all of the information required in the Storm Water
Management Plan checklist found in the Storm Water Design Manual.
Z. Performance Bond/Escrow
1. The City may, at its discretion, require the submittal of a
performance escrow or bond prior to issuance of any permit in
order to insure that the storm water practices are installed by the
permit holder as required by the approved storm water
management plan. The amount of the performance bond/escrow
and the forfeiture provisions for failure to complete work specified
in the storm water management plan shall be in accordance with
Section 8 of this Ordinance.
2. The performance bond/escrow shall be released in full only upon
submission of "as-built plans", quantity and cost of any public
storm water conveyance facilities, 85% coverage of vegetation of
all disturbed areas, and written certification by a registered
professional engineer that the storm water practice has been
installed in accordance with the approved plan and other applicable
provisions of this Ordinance.
4.The City will make a final inspection of the storm water practice to
ensure that it is in compliance with the approved plan and the
provisions of this Ordinance. Provisions for a partial pro-rata
release of the performance security based on the completion of
various development stages can be done at the discretion of the
City.
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AA. Notice of Construction Commencement
1. The applicant must notify the City at least two business days in
advance before the commencement of construction. Regular
inspections of the storm water management system construction
shall be conducted by the staff or certified by a professional
engineer or their designee who has been approved by the
jurisdictional storm water authority. All inspections shall be
documented and written reports prepared that contain the following
information:
a. The date and location of the inspection.
b. Whether construction is in compliance with the approved
storm water management plan.
c. Variations from the approved construction specifications.
d. Any violations that exist.
2.If any violations are found, the property owner shall be notified in
writing of the nature of the violation and the required corrective
actions. No added work shall proceed until any violations are
corrected and all work previously completed has received approval
by the City.
BB.As-Built Plans
All applicants are required to submit actual ?as-built? plans for any storm
water management practices located on-site after final construction is
completed. The plan must show the final design specifications for all
storm water management facilities and must be certified by a professional
engineer. A full size set of as-builts and one copy PDF on CD/DVD as
well as final inspection by the City is required before the release of any
performance securities can occur.
CC. Landscaping and Stabilization Requirements
Any area of land from which the natural vegetative cover has been either
partially or wholly cleared or removed by development activities shall be
revegetated within ten (10) days from the substantial completion of such
clearing and construction. The following criteria shall apply to
revegetation efforts:
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1. Reseeding must be done in accordance with the criteria established
in the Public Works Specification Manual to control erosion until
such time as the cover crop is established over eighty-five percent
(85%) of the seeded area.
2. Replanting with native woody and herbaceous vegetation must be
accompanied by placement of straw mulch or its equivalent of
sufficient coverage to control erosion until the plantings are
established and are capable of controlling erosion.
3. In addition to the above requirements, a landscaping plan must be
submitted with the final design describing the vegetative
stabilization and management techniques to be used at a site after
construction is completed. This plan will explain not only how the
site will be stabilized after construction, but who will be
responsible for the maintenance of vegetation at the site and what
practices will be employed to ensure that adequate vegetative
cover is preserved. This plan must be approved prior to receiving
a permit.
4. In order to file a plat before establishing 85% coverage of
approved vegetation on all land disturbed by construction activity,
a performance bond/escrow must be submitted to and accepted by
the City in accordance with Section 25 of this Ordinance.
DD. Maintenance Easement
Prior to the issuance of any permit that has an storm water management
facility as one of the requirements of the permit, the applicant or owner of
the site must execute a maintenance easement agreement that shall be
binding on all subsequent owners of land served by the storm water
management facility. The agreement shall provide for access to the facility
at reasonable times for periodic inspection by the City, or their contractor
or agent, and for regular or special assessments of property owners to
ensure that the facility is maintained in proper working condition to meet
design standards and any other provisions established by this Ordinance.
The easement agreement shall be recorded prior to final plat approval or
prior to any building permit issued within the development, whichever is
sooner.
EE. Maintenance Covenants
1. Maintenance of all storm water management facilities shall be
ensured through the creation of a formal maintenance covenant
that must be approved by the City and recorded into the land
record prior to construction plan approval. As part of the
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covenant, a schedule shall be developed for when and how often
maintenance will occur to ensure proper function of the storm
water management facility. The covenant shall also include plans
for periodic inspections to ensure proper performance of the
facility between scheduled cleanouts.
2.The City, in lieu of a maintenance covenant, may accept dedication
of any existing or future storm water management facility for
maintenance, provided such facility meets all the requirements of
the Public Works Specifications Manual and the Unified
Development Code and includes adequate and perpetual access and
sufficient area, by easement or otherwise, for inspection and
regular maintenance.
FF. Requirements for Maintenance Covenants
All storm water management facilities will be subject to, at the minimum,
an annual inspection to document maintenance and repair needs and
ensure compliance with the requirements of this Ordinance and
accomplishment of its purposes. These needs may include; removal of
silt, litter and other debris from all catch basins, inlets and drainage pipes,
grass cutting and vegetation removal, and necessary replacement of
landscape vegetation. Any maintenance needs found must be addressed in
a timely manner, as determined by the City, and the inspection and
maintenance requirement may be increased as deemed necessary to ensure
proper functioning of the storm water management facility.
GG. Inspection Storm Water Facilities
Inspection programs may be established on any reasonable basis,
including but not limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections of
businesses or industries of a type associated with higher than usual
discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations of
state or federal water or sediment quality standards or the TPDES storm
water permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not limited
to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities and
other storm water treatment practices.
HH. Right-of-Entry for Inspection
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When any new drainage control facility is installed on private property, or
when any new connection is made between private property and a public
drainage control system, sanitary sewer or combined sewer, the property
owner shall grant to the City the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection. This
includes the right to enter a property when it has a reasonable basis to
believe that a violation of this Ordinance is occurring or has occurred, and
to enter when necessary for abatement of a public nuisance or correction
of a violation of this Ordinance.
II. Records of Installation and Maintenance Activities
Parties responsible for the operation and maintenance of a storm water
management facility shall make records of the installation and of all
maintenance and repairs, and shall retain the records for at least 3 years.
These records shall be made available to the City during inspection of the
facility and at other reasonable times upon request.
JJ. Failure to Maintain Practices
If a responsible party fails or refuses to meet the requirements of the
maintenance covenant, the City, after reasonable notice, may correct a
violation of the design standards or maintenance needs by performing all
necessary work to place the facility in proper working condition. In the
event that the storm water management facility becomes a danger to
public safety or public health, the City shall notify the party responsible
for maintenance of the storm water management facility in writing. Upon
receipt of that notice, the responsible person shall have 60 days to effect
maintenance and repair of the facility in an approved manner. After proper
notice, the City may assess the owner(s) of the facility for the cost of
repair work and any penalties; and the cost of the work shall be a lien on
the property, or prorated against the beneficial users of the property, and
may be placed on the tax bill and collected as ordinary taxes by the
county.
KK. Violations
Any development activity that is commenced or is conducted contrary to
this Ordinance, may be restrained by injunction or otherwise abated in a
manner provided by law.
LL. Notice of Violations
1. When the City determines that an activity is not being carried out
in accordance with the requirements of this Ordinance, it shall
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issue a written notice of violation to the owner of the property. The
notice of violation shall contain:
a. The name and address of the owner or the applicant or the
responsible person.
b. The address or other description of the site upon which the
violation is occurring.
c. A statement specifying the nature of the violation.
d. A description of the remedial measures necessary to bring
the action or inaction into compliance with the permit, the
storm water management plan, the storm water
maintenance agreement, or this Ordinance and the date for
the completion of such remedial action.
e. A statement of the penalty or penalties that may be assessed
against the person to whom the notice of violation is
directed.
f. A statement that the determination of violation may be
appealed to the City Council of the City by filing a written
notice of appeal within five (5) business days after the
notice of violation (except, that in the event the violation
constitutes an immediate danger to public health or public
safety, 24 hours notice shall be sufficient).
2.The City may recover all attorneys? fees, court costs, and other
expenses associated with enforcement of this Ordinance, including
sampling and monitoring expenses.
MM. Stop Work Orders
Persons receiving a notice of violation will be required to halt all
construction activities not directly related to the actions necessary to
restore compliance with this Ordinance. This ?stop work order? will be in
effect until the City confirms that the development activity is in
compliance and the violation has been satisfactorily addressed. Failure to
address a notice of violation in a timely manner can result in civil,
criminal, or monetary penalties in accordance with the enforcement
measures authorized in this Ordinance.
NN. Civil and Criminal Penalties
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In addition to or as an alternative to any penalty provided herein or by law,
any person who violates the provisions of this Ordinance shall be deemed
guilty of a class ?C? misdemeanor and each day during which any
violation of any of the provisions of this Ordinance is committed,
continued, or permitted, shall constitute a separate offense. Upon
conviction of any such violation, such person, partnership, or corporation
may be punished by and fined a minimum amount of not less than two
hundred dollars ($200.00) per violation and a maximum amount of not
more than two thousand dollars ($2,000.00) per violation. In addition to
any other penalty authorized by this section, any person, partnership, or
corporation convicted of violating any of the provisions of this Ordinance
shall be required to bear the expense of such restoration. A civil penalty
in an amount not to exceed five hundred dollars ($500.00) per violation of
this Ordinance may be imposed. Each violation of a particular section of
this Ordinance shall constitute a separate offense, and each day such an
offense continues shall be considered a new violation for purposes of
enforcing this Ordinance.
OO. Restoration of Lands
Any violator may be required to restore land to its undisturbed condition.
In the event that restoration is not undertaken within a reasonable time
after notice, the City may take necessary corrective action, the cost of
which shall be borne by the owner and may become a lien upon the
property until paid.
PP. Holds on Occupancy Permits
Occupancy permits will not be granted or may be revoked until all
corrections to all storm water practices have been made and accepted by
the City.
21.13.6 Illicit Discharge and Connection
A. Purpose
The purpose and intent of this Section is to provide for the health, safety,
and general welfare of the citizens of the City of Schertz (?the City?)
through the regulation of non-storm water discharges to the storm drainage
system as required by the Texas Pollutant Discharge Elimination System
(TPDES) permit and state law. The objectives are to regulate the
contribution of pollutants to the storm drainage system by storm water
discharges of any user, to prohibit illicit discharges and connections to the
storm drainage system, to establish legal authority to carry out all
inspection, surveillance, and monitoring procedures necessary to ensure
compliance with this Ordinance, and to establish penalties for violations of
this Ordinance. The provisions of this Ordinance shall be interpreted and
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applied as the minimum requirements for the promotion of public health,
safety and general welfare.
B. Applicability
This Section shall apply to all discharges entering the storm drainage
system generated on any developed and undeveloped lands within the
corporate limits of the City or in the extraterritorial jurisdiction unless
explicitly exempted by Public Works or an authorized state or federal
enforcement agency.
C.Responsibility for Administration
Public Works shall administer, implement, and enforce the provisions of
this Ordinance. Any powers granted or duties imposed upon the
authorized enforcement agency may be delegated in writing by the
Director of Public Works or his/her designee to persons or entities acting
in the beneficial interest in the employ of the City. Whenever the
requirements of this Ordinance are in conflict with the requirements of any
other lawfully adopted rules, regulations, or ordinances, the requirement
that is most restrictive or that imposes the higher standards, as determined
by the Director of Public Works or his/her designee shall apply.
D. Ultimate Responsibility
The issuance of any permit, certificate or approval in accordance with the
standards and requirements of this Ordinance shall not relieve the recipient
of such permit, certificate or approval from the responsibility of
complying with all other applicable requirements of any other
municipality, county, special district, state or federal agency having
jurisdiction over the storm drainage system for which the permit,
certificate or approval was issued. This Ordinance does not intend or
imply that compliance by any person will ensure that there will not be
contamination, pollution, or unauthorized discharge of pollutants.
E. Prohibitions
1. Prohibition of Illegal Discharges
No person shall discharge or cause to be discharged into the storm
drain system or watercourse any materials, including but not
limited to pollutants or waters containing any pollutants that cause
or contribute to a violation of applicable water quality standards,
other than storm water. The commencement, conduct, or
continuance of any illegal discharge to the storm drainage system
is prohibited except as described as follows:
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a.The following are exempt discharges not prohibited by the
establishment of this Ordinance: uncontaminated water line
flushing or other potable water sources, landscape irrigation
or lawn watering, diverted stream flows, rising ground
water, ground water infiltration to storm drains,
uncontaminated pumped ground water, foundation or
footing drains (not including active ground water
dewatering systems), crawl space pumps, air conditioning
condensation, springs, individual, noncommercial washing
of vehicles, natural riparian habitat or wetland flows, fire
hydrant flushing, firefighting activities, and any other water
source not containing pollutants of concern or other
materials as described in this Ordinance.
b. Discharges from swimming pools are generally not allowed
unless: de-chlorinated to less than 1 ppm chlorine or
discharged through the yard of the property on which it is
located, and does not cross adjacent property, to aid in
dissipating the chlorine and notification to the Public
Works Department at least one business day in advance of
discharge.
c. Discharges specified in writing by the Director of Public
Works or his/her designee as being necessary to protect
public health and safety.
d. Dye testing is an allowable discharge, but requires written
approval from the Director of Public Works or his/her
designee and all other applicable enforcement agencies
prior to the time of the test.
e. The prohibition shall not apply to any non-storm water
discharge permitted under an TPDES permit, waiver, or
waste discharge order issued to the discharger and
administered under the authority of the Federal
Environmental Protection Agency, provided that the
discharger is in full compliance with all requirements of the
permit, waiver or order and other applicable laws and
regulations, and provided that written approval has been
granted by the Director of Public Works or his/her designee
for any discharge to the storm drain system.
2. Prohibition of Illicit Connections
a.The construction, use, maintenance or continued existence
of illicit connections to the storm drainage system is
prohibited
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b. This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether
the connection was permissible under law or practices
applicable or prevailing at the time of connection.
c. A person is considered to be in violation of this Ordinance
if the person connects a line conveying sewage to the storm
drainage system or allows such a connection to continue.
F. Suspension of Storm Drainage System Access
1. Suspension Due to Illicit Discharges In Emergency Situations
The Director of Public Works or his/her designee may, without
prior notice, suspend storm drainage system discharge access to a
person or entity when such suspension is necessary to stop an
actual or threatened discharge which presents or may present
imminent and substantial danger to the environment, or to the
health or welfare of persons, or to the storm drainage system or
waters of the United States. If the violator fails to comply with a
suspension order issued in an emergency, the City may take such
steps as deemed necessary to prevent or minimize damage to the
storm drainage system, water of the United States, or to minimize
danger to persons.
2. Termination Due to the Detection of Illicit Drainage
Any person discharging to the storm drainage system in violation
of this Ordinance may have their access terminated if such
termination would abate or reduce an illicit discharge. The City
will notify a violator of the proposed termination of its storm
drainage system access. The notifications will be in accordance
with Section 12.13.6.L of this Ordinance as specified below.
G. Industrial or Construction Activity Discharges
Any person or persons subject to an industrial or construction activity
TPDES storm water discharge permit shall comply will all provisions of
such permit. Proof of compliance with said permit will be required in a
form acceptable to the City prior to the allowing of discharges to the storm
drainage system.
H. Monitoring of Discharges
1. Public Works representatives? shall be allowed to enter and inspect
permitted facilities subject to regulation under this Ordinance as
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often as may be necessary to determine compliance. If a
discharger has security measures in force, which require proper
identification and clearance before entry into its premises, the
discharger shall make the necessary arrangements to allow access
to representatives of Public Works.
2. Facility operators shall allow Public Works representatives? ready
access to all parts of the premises for the purpose of inspection,
sampling, examination and copying of records that must be kept
under the conditions of an TPDES permit to discharge storm water,
and the performance of any additional duties as defined by state
and federal law.
3. Public Works? representatives shall have the right to set up on any
permitted facility such devices as are necessary in the opinion of
the authorized enforcement agency to conduct monitoring and/or
sampling of the facility?s storm water discharge.
4.Public Works has the right to require the discharger to install
monitoring equipment as necessary. The facility?s sampling and
monitoring equipment shall be maintained at all times in a safe and
proper operating condition by the discharger at its own expense.
All devices used to measure storm water flow and quality shall be
calibrated to ensure their accuracy.
5. Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly
removed by the operator at the written or oral request of the
Director of Public Works or his/her designee and shall not be
replaced. The costs of clearing such access shall be borne by the
operator.
6. Unreasonable delays in allowing Public Works? representatives
access to a permitted facility is a violation of a storm water
discharge permit and of this Ordinance. A person who is the
operator of a facility with a TPDES permit to discharge storm
water associated with industrial activity commits an offense if the
person denies Public Works? representatives reasonable access to
the permitted facility for the purpose of conducting any activity
authorized or required by this Ordinance.
7. If Public Work?s representatives have been refused access to any
part of the premises from which storm water is discharged, and
he/she is able to demonstrate probable cause to believe that there
may be a violation of this Ordinance, or that there is a need to
inspect and/or sample as part of a routine inspection and sampling
program designed to verify compliance with this Ordinance or any
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order issued hereunder, or to protect the overall public health,
safety, and welfare of the community, then the Public Works
representative may seek issuance of a search warrant from any
court of competent jurisdiction.
I. Requirement to Prevent, Control and Reduce Storm Water Pollutants by
the Use of Best Management Practices
The City will adopt requirements identifying Best Management Practices
(BMPs) for any activity, operation, or facility, which may cause or
continue to contribute to pollution or contamination of storm water, the
storm drain system, or waters of the U.S. The owner or operator of a
commercial or industrial establishment shall provide, at their own
expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the storm drainage system or watercourses
through the use of these structural and non-structural BMPs. Further, any
person responsible for a property or premises, which is, or may be, the
source of an illicit discharge may be required to implement, at said
person?s expense, additional structural and non-structural BMPs to prevent
the further discharge of pollutants to the storm drainage system.
Compliance with all terms and conditions of a valid TPDES permit
authorizing the discharge of storm water associated with industrial
activity, to the extent practicable, shall be deemed compliant wit the
provisions of this section. These BMPs shall be part of a Storm Water
Pollution Prevention Plan (SWPPP) as necessary for compliance with
requirements of the TPDES permit.
J. Watercourse Protection
Every person owning a property through which a watercourse passes, shall
keep and maintain that part of the watercourse within said person?s
property free of trash, debris, excessive vegetation, and other obstacles
that would pollute, contaminate, or retard the flow of water through the
watercourse. In addition, the owner shall maintain existing privately
owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function or physical
integrity of the watercourse.
L. Notification of Spills
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation, has information of any known or
suspected release of materials which are resulting or may result in illegal
discharges or pollutants discharging into storm water, the storm drain
system or waters of the U.S., said person shall take all necessary steps to
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ensure the discovery, containment, and cleanup of such release. In the
event of such as release of hazardous materials said person shall
immediately notify emergency response agencies of the occurrence via
emergency dispatch services. In the event of a release of nonhazardous
materials, said person shall notify Public Works in person or by phone or
facsimile no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to the
Director of Public Works within three business days of the phone notice.
If the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment shall
also retain an on site written record of the discharge and the actions taken
to prevent its recurrence. Such records shall be retained for at least three
years from the date of the discharge.
M. Violation, Enforcement, Penalties and Appeals
1. Notification of Violation
Whenever the Public Works representative finds that a person has
violated a prohibition or failed to meet a requirement of this
Ordinance, the authorized enforcement agency may order
compliance by written notice of violation to the responsible person.
If abatement of a violation and/or restoration of affected property
are required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall
further advise that, should the violator fail to remediate or restore
within the established deadline, the work will be done by a
designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
2. Appeal of Notice of Violation
Any person receiving a Notice of Violation may appeal the
determination of the authorized enforcement agency. The notice of
appeal must be received within five (5) business days from the date
of the Notice of Violation. Hearing on the appeal before the
appropriate authority or his/her designee shall take place within
thirty (30) days from the date of receipt of the notice of appeal.
The decision of the municipal authority or their designee shall be
final.
3. Enforcement Measures After Appeal
If the violation has not been corrected pursuant to the requirements
set forth in the Notice of Violation, or in the event of an appeal,
within thirty (30) days of the decision of the representative
upholding the decision of Public Works, then representatives of the
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City may enter the subject?s private property and are authorized to
take any and all measures necessary to abate the violation and/or
restore the property. It shall be unlawful for any person, owner,
agent or person in possession of any premises to refuse to allow the
Public Works representative or designated contractor to enter upon
the premises for the purposes set forth above.
4.Cost of Abatement of the Violation
Any person violating any of the provisions of this article shall
become liable to the City by reason of such violation beginning on
st
the 1 day following discovery of the violation. Within thirty (30)
days after abatement of the violation, the owner of the property
will be notified of the cost of abatement, including administrative
costs. The property owner may file a written protest in the City
Secretary?s Office objecting to the amount of the assessment
within five (5) business days. The written protest shall be
addressed by the City Council within 30 days. If the amount due is
not paid in full within 60 days from the notification of the cost of
abatement the charges may become a special assessment against
the property and shall constitute a lien on the property for the
amount of the assessment.
5. Injunctive Relief
It shall be unlawful for any person to violate any provision or fail
to comply with any of the requirements of this Ordinance. If a
person has violated or continues to violate the provisions of this
Ordinance, the City may petition for a preliminary or permanent
injunction restraining the person from activities which would
create further violations or compelling the person to perform
abatement or remediation of the violation.
6. Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of the
provisions of this Ordinance is a threat to public health, safety and
welfare, and is declared and deemed a nuisance, and may be
summarily abated or restored at the violator?s expense, and/or a
civil action to abate, enjoin, or otherwise compel the cessation of
such nuisance may be taken.
N. Remedies Not Exclusive
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The remedies listed in this Ordinance are not exclusive of any other
remedies available under any applicable federal, state or local law and it is
within the discretion of the City to seek cumulative remedies.
Sec. 21.13.7 Waivers and Amendments
A. General
The City Manager or his/her designee may authorize waivers from the
provisions of this Article when, in his/her opinion, undue hardship will
result from requiring strict compliance. In granting a waiver, the City
Manager shall prescribe only conditions that he/she deems necessary or
desirable to the public interest. In making his/her findings, the City
Manager shall take into account the nature of the proposed use of the land
involved and existing uses of land in the vicinity, the number of persons
who will reside or work in the proposed subdivision, and the probable
effect of such waivers upon the public health, safety, convenience, and
welfare in the vicinity. Waivers shall not be granted unless the City
Manager finds:
1. That the granting of the waiver will not be detrimental to the public
health, safety, or welfare, or injurious to other property in the area,
and will not violate any applicable law or ordinance of any
regulatory entity; and
2. Waivers may be granted only when in harmony with the general
purpose and intent of this UDC so that the public health, safety,
and welfare may be secured and justice done. Such findings of the
City Manager, together with the specified facts upon which such
findings are based, shall be incorporated into the official records of
any related permit for which such waiver is granted.
B. The City Manager may establish a time period for execution of each
granted waiver.
C.Any decision of the City Manager or his/her designee regarding waivers to
the provisions of this Article may be appealed to the City Council. When
considering an appeal, the City Council shall consider the same standards
as the City Manager as outlined above.
D. The City Manager or his/her designee is hereby granted authority to
amend, supplement, change, modify, or repeal the text of any portion of
the Public Works Specifications Manual in order to establish and maintain
appropriate standards for development and use of property within the
City?s corporate limits and extraterritorial jurisdiction in accordance with
Section 21.1.4.
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Article 13Land Disturbing Activities and Drainage
Sec. 21.13.1 Clearing and Grading
A. No removal of trees, land clearing and/or grading activities shall occur
without the required approvals and permits including but not limited to the
Grading and Clearing Permit and Tree Permits. Grading and clearing
activity shall be limited to the limits of grading area identified on an
approved grading plan. A Grading and Clearing Permit is required for any
land disturbing activities greater than 0.1 acres outside of the FEMA
designated special flood hazard area (SFHA), and all areas within the
SFHA unless specifically exempted in this Section.
B. All Grading and Clearing permits shall be reviewed by the City Engineer
and Public Works Department and approved by the City Engineer or
his/her designee. Grading and Clearing Permits shall be reviewed in
accordance with this Unified Development Code, the Public Works
Specifications Manual, the City of Schertz Code of Ordinances, and any
other applicable law, code, or regulation governing grading and clearing
activity.
C.The following shall be exempt from the requirement for Grading and
Clearing Permit:
1. grading and clearing in emergency situations involving immediate
danger to life and property or substantial fire hazards;
2. the removal of underbrush, dead trees or diseased or damaged trees
which constitute a hazard to life and property based upon field
inspection verification; and
3. grading and clearing practices associated with agricultural
operations, excluding timber cutting, grading cuts or fills, and/or
work within SFHA.
Sec. 21.13.2 Construction Storm Water Management
A. Purpose and Intent
During the construction process, soil is highly vulnerable to erosion by
wind and water. Eroded soil endangers water resources by reducing water
quality and causing the siltation of aquatic habitat for fish and other
repair of
desirable species. Eroded soil also necessitates service and/or
sewers and ditches and the dredging of lakes. In addition, grading and
clearing during construction cause the loss of native vegetation necessary
for terrestrial and aquatic habitat.
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The intent of the Construction Storm Water Management Ordinance (?this
Ordinance?) is to provide for the health, safety, and general welfare of the
citizens of the City of Schertz (?the City?) by guiding, regulating, and
controlling the design, construction, use, and maintenance of any
development or other activity that disturbs or breaks the topsoil or results
in the movement of earth in the City. The provisions of this Ordinance
shall be interpreted and applied as the minimum requirements for the
promotion of public health, safety and general welfare.
B. Applicability
This Ordinance shall apply to all territory within the corporate limits and
extraterritorial jurisdiction of the City including any developed and
undeveloped land unless explicitly exempted by Public Works or an
authorized state or federal enforcement agency.
C. Responsibility for Administration
Public Works shall administer, implement, and enforce the provisions of
this Ordinance. Any powers granted or duties imposed upon the
authorized enforcement agency may be delegated in writing by the
Director of Public Works or his/her designee to persons or entities acting
in the beneficial interest in the employ of the City. Whenever the
requirements of this Ordinance are in conflict with the requirements of any
other lawfully adopted rules, regulations, or ordinances, the requirement
that is most restrictive or that imposes the higher standards, as determined
by the Director of Public Works or his/her designee shall apply.
D. Severability
All sections, paragraphs, sentences, clauses, and phrases of this Ordinance
are severable, and if any section, paragraph, sentence, clause or phrase is
declared unconstitutional or otherwise invalid in any court of competent
jurisdiction in a valid judgment or decree, such unconstitutionality or
invalidity shall not cause any remaining section, paragraph, sentence,
clause or phrase of this Ordinance to fail or become invalid.
E. Ultimate Responsibility
The issuance of any permit, certificate, or approval in accordance with the
standards and requirements of this Ordinance shall not relieve the recipient
of such permit, certificate or approval from the responsibility of
complying with all other applicable requirements of any other
municipality, county, special district, State or Federal agency having
jurisdiction over the storm drainage system for which the permit,
certificate or approval was issued. This Ordinance does not intend or
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imply that compliance by any person will ensure that there will not be
contamination, pollution, or unauthorized discharge of pollutants.This
ordinance in no way alleviates any requirement for applicable federal or
state approvals or releases.
F. Permits
1. No person shall be granted a Grading and Clearing Permit,
Development Permit or Construction Permit for land-disturbing
activity without the approval of a Grading Plan by the City
Engineer, Director of Public Works, and the City Manager or
his/her designees.
2. No Grading and Clearing Permit is required for the following
activities:
a. Any emergency activity that is immediately necessary for
the protection of life, property, or natural resources. Public
Works must be notified within 24 hours of such activities;
b. The removal of underbrush, dead trees, or diseased or
damaged trees which constitute a hazard to life and
property based upon field inspection verification; or
c. Grading and clearing practices associated with agricultural
operations, excluding timber cutting, grading cuts or fills,
and/or work within designated special flood hazard area.
G. Applications
1. Each application shall bear the name(s) and address(es) of the
owner or developer of the site, of any consulting firm retained by
the applicant together with the name of the applicant?s principal
contact at such firm, and the physical address of the site or a
detailed description of its location. Applications shall be
accompanied by all items required per the submittal process and
the application and all applicable fees.
2. The City of Schertz may, at its discretion, require the submittal of a
performance bond/escrow in the amount of $1,000/acre prior to the
issuance of a permit in order to insure that the storm water
management practices as required by the plans approved for the
permit are installed and maintained by the permit holder for the
duration of the construction activity. The bond shall not be
released until 85% coverage of all disturbed areas with approved
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vegetation is accomplished as determined by the Director of Public
Works or his/her designee.
H. Review and Approval
1. Engineering/Public Works will review each application for a
permit to determine its conformance with the provisions of this
regulation. Within 30 days after receiving an application,
Engineering/Public Works shall, in writing, complete one of the
following actions:
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.
c. Disapprove the permit application, indicating the reason(s)
and procedure for submitting a revised application and/or
submission.
2. By approving a plan under this regulation, the City does not accept
responsibility for the design, installation, operation or maintenance
of construction storm water management activities for the permit
holder.
I. Grading Plan
1. The Grading Plan shall include the following:
a. One plan sheet showing existing floodplain/floodway
limits, and one plan sheet showing the existing
floodplain/floodway limits and the proposed
floodplain/floodway limits.
b. 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, areas of
clearing, installation and removalof temporary erosion and
sediment control measures, and establishment of permanent
vegetation.
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c. All erosion and sediment control measures necessary to
meet the objectives of the City?s regulations throughout all
phases of construction and after completion of development
of the site. Depending upon the complexity of the project,
the drafting of intermediate plans may be required at the
close of each season.
d. 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 measure.
e. Provisions for maintenance of control facilities, including
easements and estimates of the cost of maintenance.
2. Modifications to the plan shall be processed and approved or
disapproved in the same manner as Section 8 of this regulation.
The City Engineer and Director of Public Works or his/her
designees will provide written authorization to the permit
applicant, and shall include:
a. Major amendments of the Grading Plan submitted to Public
Works and Engineering.
b. Field modifications of a minor nature.
J. Design Requirements
1. Grading, erosion control practices, sediment control practices, and
waterway crossings shall meet the design criteria set forth in the
City?s UDC, Public Works Specifications Manual and Public
Works Design Standards, and shall be adequate to prevent
transportation of sediment from the site to the satisfaction of the
City Engineer and the Director of Public Works or his/her
designees.
2. Grading and clearing shall not be permitted, except when in
compliance with the UDC, this Ordinance, and any other
applicable authority.
3. Clearing, except as necessary to establish sediment control devices,
shall not begin until all sediment control devices have been
installed and have been stabilized.
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4. Phasing is strongly recommended and may be required on sites
disturbing greater than 15 acres, with the size of each phase to be
established at plan review and as approved by Engineering and
Public Works.
5. Erosion control requirements shall include the following:
a. Soil stabilization shall be completed within five days of
clearing or inactivity in construction.
b. If seeding or another vegetation erosion control method is
used, it shall become established within two weeks or
Public Worksmay require the site to be reseeded or a non-
vegetation option employed.
c. Special techniques required to ensure stabilization, other
than design criteria outlined in UDC for steep slopes or in
drainage ways, shall be approved by the City Engineer.
Deleted:
used to ensure stabilization,
and
d. Soil stockpiles must be stabilized or covered at the end of
each workday.
e. The entire site must be stabilized, using a heavy mulch
layer or another method that does not require germination
to control erosion, at the close of the construction season.
f. Techniques shall be employed to prevent the blowing of
dust or sediment from the site.
g. Techniques that divert upland runoff past disturbed slopes
shall be employed.
6. Sediment controls requirements shall include:
a. Settling basins, sediment traps, or tanks and perimeter
controls.Other control measures may be approved by the
City Engineer.
b. Settling basins that are designed in a manner that allows
adaptation to provide long-term storm water management,
if required by the City.
c. Protection for adjacent properties by the use of a vegetated
buffer strip in combination with perimeter controls.
7. Waterway and watercourse protection requirements shall include:
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a. A temporary stream crossing installed and approved by
Engineering and Public Works if a watercourse will be
crossed regularly during construction.
b. Stabilization of the watercourse channel before, during, and
after any in-channel work.
c. All on-site storm water conveyance channels designed
according to the criteria outlined in the UDC.
d. Stabilization adequate to prevent erosion located at the
outlets of all pipes and paved channels.
8. Construction site access requirements shall include:
a. A temporary construction access road provided at all sites.
b. Other measures required by Engineering and Public Works
in order to ensure that sediment is not tracked onto public
streets by construction vehicle or washed into storm drains.
K. Inspection
1. The Director of Public Works or his/her designee shall make
inspections as hereinafter required and shall approve the portion of
the work completed or shall notify the permit holder wherein the
work fails to comply with this Ordinance, the UDC, or other City
regulations as approved. Plans for grading, stripping, excavating,
and filling work bearing the stamp of approval of the City shall be
maintained at the site during the progress of the work. To obtain
inspections, the permit holder shall notify Public Works at least
two working days before the following:
a. Start of construction.
b. Installation of sediment and erosion measures.
c. Completion of site clearing.
d. Completion of rough grading.
e. Completion of final grading.
f. Close of the construction season.
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g. Completion of final landscaping.
2. The permit holder or his/her principal contact shall make regular
inspections of all control measures in accordance with the
inspection schedule outlined on the approved Grading Plan. The
purpose of such inspections will be to determine the overall
effectiveness of the control plan and the need for additional control
measure. All inspections shall be documented in written form and
submitted to Public Works at the time interval specified in the
approved permit.
3. The Director of Public Worksor his/her designee shall enter the
property of the applicant as deemed necessary to make regular
inspections to ensure the validity of the reports filed under
paragraph B of this Section.
L. Enforcement
1. Stop-Work Order: Revocation of Permit
In the event that any person holding a Grading and Clearing
Permit, Development Permit or Construction Permit pursuant to
this Ordinance violates the terms of the permit or implements site
development in such a manner as to materially adversely affect the
health, welfare, or safety of a person 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 City Engineer or Director
of Public Worksor his/her designeesat the time interval specified
in the approved permit may issue a Stop Work Order or Revoke
aforementioned permit.
2. Violation and Penalties
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 Ordinance. Any person
violating any of the provisions of this Ordinance shall be deemed
guilty of a class ?C? misdemeanor and each day during which any
violation of any of the provisions of this Ordinance is committed,
continued, or permitted, shall constitute a separate offense. Upon
conviction of any such violation, such person, partnership, or
corporation shall be punished by a fined a minimum amount of not
less than two hundred dollars ($200.00) per violation and a
maximum amount of not more than two thousand dollars
($2,000.00) per violation. In addition, any other penalty authorized
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by this section, any person, partnership, or corporation convicted
of violating any of the provisions of this Ordinance shall be
required to bear the expense of such restoration. A civil penalty in
an amount not to exceed five hundred dollars ($500.00) per
violation of this Ordinance may be imposed. Each violation of a
particular section of this Ordinance shall constitute a separate
offense, and each day such an offense continues shall be
considered a new violation for purposes of enforcing this
Ordinance.
3. Notice of Violation
If the City Engineer or the Director of Public Worksdetermines
that an applicant or other responsible person has failed to comply
with the terms and conditions of a permit, approved Grading Plan,
shall issue a written
or the provisions of this Ordinance, he or she
Deleted:
it
notice of violation to such applicant or other responsible person.
Where a person is engaged in activity covered by this Ordinance
without having first secured a permit therefore, the notice of
violation shall be served on the owner or the responsible person in
charge of the activity being conducted on the site.
The notice of violation shall contain:
a. The name and address of the owner or the applicant or the
responsible person.
b. The address or other description of the site upon which the
violation is occurring.
c. A statement specifying the nature of the violation.
d. A description of the remedial measures necessary to bring
the action or inaction into compliance with the permit, the
storm water management plan, the storm water
maintenance agreement, or this Ordinance and the date for
the completion of such remedial action.
e. A statement of the penalty or penalties that may be assessed
against the person to whom the notice of violation is
directed.
f. A statement that the determination of violation may be
appealed to the City Council of the City of Schertz by filing
a written notice of appeal within five (5) business days after
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the notice of violation (except, that in the event the
violation constitutes an immediate danger to public health
or public safety, 24 hours notice shall be sufficient).
The City of Schertz may recover all attorneys? fees, court costs,
and other expenses associated with enforcement of this Ordinance,
including sampling and monitoring expenses.
4. Appeals
The decisions or orders of theCity Council of the City of Schertz
shall be final. Further relief shall be to a higher court of competent
jurisdiction.
5. Remedies Not Exclusive
The remedies listed in this Ordinance are not exclusive of any
other remedies available under any applicable federal, state, or
local law
Sec. 21.13.3 Flood Damage Prevention
A. Finding of Fact, Purpose and Methods
1. Statutory Authorization
The Legislature of the State of Texas has in the Flood Control Act,
Texas Water Code, Section 16.315, delegated the responsibility of
local governmental units to adopt regulations designed to minimize
flood losses. Therefore, the City of Schertz, Texas (?the City?)
does ordain as follows:
2. Finding of Fact
a.The flood hazard areas of the City and extraterritorial
jurisdiction are subject to periodic inundation, which results
in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, and
extraordinary public expenditures for flood protection and
relief, all of which adversely affect the public health, safety
and general welfare.
b. These flood losses are created by the cumulative effect of
obstructions in floodplains which cause an increase in flood
heights and velocities, and by the occupancy of flood
hazard areas by uses vulnerable to floods and hazardous to
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other lands because they are inadequately elevated, flood-
proofed or otherwise protected from flood damage.
3. Statement of Purpose
It is the purpose of this Section to promote the public health, safety
and general welfare and to minimize public and private losses due
to flood conditions in specific areas by provisions designed to:
a. Protect human life and health.
b. Minimize expenditure of public money for costly flood
control projects.
c. Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of
the general public.
d. Minimize prolonged business interruptions.
e. Minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and bridges located in floodplains.
f. Help maintain a stable tax base by providing for the sound
use and development of flood-prone areas in such a manner
as to minimize future flood blight areas.
g. Ensure that potential buyers are notified that property is in
a flood area.
4.Methods of Reducing Flood Losses
In order to accomplish its purposes, this Section uses the following
methods:
a.Restrict or prohibit uses that are dangerous to health, safety
or property in times of flood, or cause increases in flood
heights or velocities.
b. Require that uses vulnerable to floods, including facilities,
which serve such uses, be protected against flood damage
at the time of initial constructionor substantial
improvement.
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c. Control the alteration of natural floodplains, stream
channels, and natural protective barriers, which are
involved in the accommodation of flood waters.
d. Control filling, grading, dredging and other development
which may increase flood damage.
e. Prevent or regulate the construction of flood barriers which
will unnaturally divert flood waters or which may increase
flood hazards to other lands.
B. Definitions
Unless specifically defined below or in Article 16 of this Ordinance,
words or phrases used in this Section shall be interpreted to give them the
meaning they have in common usage and to give this Ordinance the most
reasonable application.
ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial
fan or similar landform which originates at the apex and is characterized by high-velocity
flows; active processes of erosion, sediment transport, and deposition; and unpredictable
flow paths.
APEX - means a point on an alluvial fan or similar landform below which the flow path
of the major stream that formed the fan becomes unpredictable and alluvial fan flooding
can occur.
APPEALS BOARD ? means the Board of Adjustment of the City of Schertz, Texas.
APPURTENANT STRUCTURE ? means a structure which is on the same parcel of
property as the principal structure to be insured and the use of which is incidental to the
use of the principal structure.
AREA OF FUTURE CONDITIONS FLOOD HAZARD ? means the land area that
would be inundated by the 1-percent-annual chance (100 year) flood based on future
conditions hydrology.
AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or
VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater
annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD or SPECIAL FLOOD HAZARD AREA - is the
land in the floodplain within a community subject to a 1 percent or greater chance of
flooding in any given year. The area may be designated as Zone A on the Flood Hazard
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Boundary Map (FHBM). After detailed rate making has been completed in preparation
for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30,
AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded
in any given year.
BASEMENT - means any area of the building having its floor subgrade (below ground
level) on three or more sides.
BASE FLOOD ELEVATION or BFE ? means the elevation shown on the Flood
Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS)
for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface
elevation resulting from the base flood.
BREAKAWAY WALL ? means a wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under specific
lateral loading forces, without causing damage to the elevated portion of the building or
supporting foundation system.
CRITICAL FEATURE - means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by the entire system
would be compromised.
DEVELOPMENT - means any man-made change to improved and unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING ? means, for insurance purposes, a non-basement building,
which has its lowest elevated floor, raised above ground level by foundation walls, shear
walls, posts, piers, pilings, or columns.
EXISTING CONSTRUCTION - means for the purposes of determining rates, structures
for which the "start of construction" commenced before the effective date of the FIRM or
before January 1, 1975, for FIRMs effective before that date. "Existing construction"
may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a
manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed before the effective date of the
floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION - means the preparation of additional sites by the construction of
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facilities for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).
FLOOD or FLOODING - means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
1. the overflow of inland or tidal waters.
2. the unusual and rapid accumulation or runoff of surface waters from any
source.
FLOOD ELEVATION STUDY or FLOOD INSURANCE STUDY or FIS ? means an
examination, evaluation and determination of flood hazards and, if appropriate,
corresponding water surface elevations, or an examination, evaluation and determination
of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
FLOOD INSURANCE RATE MAP or FIRM - means an official map of a community,
on which the Federal Emergency Management Agency has delineated both the special
flood hazard areas and the risk premium zones applicable to the community.
FLOODPLAIN or FLOOD PRONE AREA - means any land area susceptible to being
inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT - means the operation of an overall program of
corrective and preventive measures for reducing flood damage, including but not limited
to emergency preparedness plans, flood control works and floodplain management
regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning, ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances
(such as a flooding ordinance, grading ordinance and erosion control ordinance) and
other applications of police power. The term describes such state or local regulations, in
any combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
FLOOD PROTECTION SYSTEM - means those physical structural works for which
funds have been authorized, appropriated, and expended and which have been
constructed specifically to modify flooding in order to reduce the extent of the area
within a community subject to a "special flood hazard" and the extent of the depths of
associated flooding. Such a system typically includes hurricane tidal barriers, dams,
reservoirs, levees or dikes. These specialized flood modifying works are those
constructed in conformance with sound engineering standards.
FLOOD PROOFING - means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
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estate or improved real property, water and sanitary facilities, structures and their
contents.
FREEBOARD ? is a factor of safety above the BFE. (The City requires 1 foot above the
BFE.)
FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual
listing on the National Register.
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or
a district preliminarily determined by the Secretary to qualify as a
registered historic district.
3. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary
of the Interior.
4. Individually listed on a local inventory or historic places in communities
with historic preservation programs that have been certified either.
a. By an approved state program as determined by the Secretary of
the Interior.
b. Directly by the Secretary of the Interior in states without approved
programs.
LEVEE - means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or divert
the flow of water so as to provide protection from temporary flooding.
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LEVEE SYSTEM - means a flood protection system, which consists of a levee, or levees,
and associated structures, such as closure, and drainage devices, which are constructed
and operated in accordance with sound engineering practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking or
vehicles, building access or storage in an area other than a basement area is not
considered a building's lowest floor; provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirement of
Section 60.3 of the National Flood Insurance Program regulations.
MANUFACTURED HOME - means a structure transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. The term "manufactured home" does
not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the
North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION - means, for the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or after the effective date
of an initial FIRM or after December 31, 1974, whichever is later, and includes any
subsequent improvements to such structures. For floodplain management purposes, "new
construction" means structures for which the "start of construction" commenced on or
after the effective date of a floodplain management regulation adopted by a community
and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of floodplain management
regulations adopted by a community.
NON-RESIDENTIAL STRUCTURE ? includes, but is not limited to: small business
concerns, churches, schools, farm buildings (including grain bins and silos), poolhouses,
clubhouses, recreational buildings, mercantile structures, agricultural and industrial
structures, warehouses, hotels and motels with normal room rentals for less than 6
months? duration, and nursing homes.
RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii)
400 square feet or less when measured at the largest horizontal projections; (iii) designed
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to be self-propelled or permanently towable by a light duty truck; and (iv) designed
primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
REGULATORY FLOODWAY or FLOODWAY - means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more than a
designated height.
RESIDENTIAL STRUCTURES - means a structure that is considered to be domicile or
is used for residential purposes for 6 months or more. Residential structures include a
single family home, multiple unit apartment buildings, a residential condominium, or a
manufactured or modular home.
RIVERINE ? means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
START OF CONSTRUCTION - (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes
substantial improvement and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition placement, or
other improvement was within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether or not
that alteration affects the external dimensions of the building.
STRUCTURE ? means, for floodplain management purposes, a walled and roofed
building, including a gas or liquid storage tank, that is principally above ground, as well
as a manufactured home.
SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would equal
or exceed 50 percent (50%) of the market value of the structure before the damage
occurred.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition,
or other improvement of a structure or any series of reconstructions, rehabilitations,
additions, or other improvements of a structure, the cumulative cost of which equals or
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exceeds 50 percent of the market value of the structure as of the effective date of this
Ordinance. This term includes structures which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not, however, include
either: (1) Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to assure safe
living conditions or (2) Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation as a "historic structure."
VARIANCE ? means a grant of relief by a community from the terms of a floodplain
management regulation. (For full requirements see Section 60.6 of the National Flood
Insurance Program regulations.)
VIOLATION - means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence of
compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
of the National Flood Insurance Program regulations is presumed to be in violation until
such time as that documentation is provided.
WATER SURFACE ELEVATION - means the height, in relation to the North American
Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
C.General Provisions
1. Lands to Which This Section Applies
This Section shall apply to all areas of special flood hazard within
the corporate limits and the extraterritorial jurisdiction of the City.
2. Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federal
Emergency Management Agency in the current scientific and
engineering report entitled, ?The Flood Insurance Study (FIS) for
{Guadalupe County Texas and Incorporated Areas Volume 1 &
2}," dated {November 2, 2007}, with accompanying Flood
Insurance Rate Maps and/or Flood Boundary-Floodway Maps
(FIRM and/or FBFM) dated {November 2, 2007}. Also applicable
are the effective FIS and FIRM maps for Bexar County dated
{September 29, 2010} and Comal County dated {September 2,
2009}. And any revisions thereto are hereby adopted by reference
and declared to be a part of this Ordinance.
3. Establishment of Floodplain Development Permit
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A Floodplain Development Permit shall be required to ensure
conformance with the provisions of this Section.
4.Compliance
No structure or land shall hereafter be located, altered, or have its
use changed without full compliance with the terms of this Section
and other applicable regulations.
5. Abrogation and Greater Restrictions
This Section is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this Section and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail as determined by the Floodplain
Administrator.
6. Interpretation
In the interpretation and application of this Section, all provisions
shall be; (1) considered as minimum requirements; (2) liberally
construed in favor of the governing body; and (3) deemed neither
to limit nor repeal any other powers granted under State statutes.
7. Warning and disclaimer of Liability
The degree of flood protection required by this Section is
considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. On rare occasions
greater floods can and will occur and flood heights may be
increased by man-made or natural causes. This Section does not
imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood
damages. This Section shall not create liability on the part of the
community or any official or employee thereof for any flood
damages that result from reliance on this Section or any
administrative decision lawfully made hereunder.
D Administration
1. Designation of the Floodplain Administrator
The City Manager or his/her designee is hereby appointed the
Floodplain Administrator to administer and implement the
provisions of this Section and other appropriate sections of 44 CFR
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(Emergency Management and Assistance - National Flood
Insurance Program Regulations) pertaining to floodplain
management.
2. Duties and Responsibilities of the Floodplain Administrator
The duties and responsibilities of the Floodplain Administrator
shall include, but not be limited to, the following:
a.Maintain and hold open for public inspection all records
pertaining to the provisions of this Section.
b. Reviews permit applications to determine whether the
proposed building site project, including the placement of
manufactured homes, will be reasonably safe from
flooding.
c. Review, approve or deny all applications for development
permits required by adoption of this Section.
d. Review permits for proposed development to assure that all
necessary permits relating to floodplain management have
been obtained from those Federal, State or local
governmental agencies (including Section 404 of the
Federal Water Pollution Control Act Amendments of 1972,
33 U.S.C. 1334) from which prior approval is required.
e. Where interpretation is needed as to the exact location of
the boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a
mapped boundary and actual field conditions) the
Floodplain Administrator shall make the necessary
interpretation.
f. Notify, in riverine situations, adjacent communities and the
State Coordinating Agency, which is the Texas Water
Board, prior to any alteration or relocation of a
watercourse, and require that evidence of such notification
is submitted to the Federal Emergency Management
Agency.
g. Assure that the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained.
h. When base flood elevation data has not been provided in
accordance with Section 21.13.3.C.2, the Floodplain
Administrator shall obtain, review and reasonably utilize
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any base flood elevation data and floodway data available
from a Federal, State or other source, in order to administer
the provisions of Section 21.13.3.E.
i. When a regulatory floodway has not been designated, the
Floodplain Administrator must require that no new
construction, substantial improvements, or other
development (including fill) shall be permitted within
Zones A1-30, A, AO, AH and AE on the community's
FIRM, unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all
other existing and anticipated development, will not
increase the water surface elevation of the base flood at any
point within the community unless said increase is
completely contained within the property of the
development.
j. Under the provisions of 44 CFR Chapter 1, Section 65.12,
of the National Flood Insurance Program regulations, a
community may approve certain development in Zones A1-
30, AE, AH, A or AO on the community's FIRM which
increases the water surface elevation of the base flood
provided that the community first completes all of the
provisions required by 44 CFR Chapter 1, Section 65.12.
3. Permit Procedures
a. Application for a Floodplain Development Permit shall be
presented to the Floodplain Administrator on forms
furnished by him/her and may include, but not be limited
to, plans in duplicate drawn to scale showing the location,
dimensions, and elevation of proposed landscape
alterations, existing and proposed structures, including the
placement of manufactured homes, and the location of the
foregoing in relation to areas of special flood hazard.
Additionally, the following information is required:
i.Elevation (in relation to mean sea level), of the
lowest floor (including basement) of all new and
substantially improved structures.
ii.Elevation (in relation to mean sea level), to which
any non-residential structure shall be flood-proofed.
iii.A certificate from a registered professional engineer
or architect that the non-residential flood-proofed
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structure shall meet the flood-proofing criteria of
Section 21.13.3.E.2.b.
iv.Description of the extent to which any watercourse
or natural drainage will be altered or relocated as a
result of proposed development.
v.Maintain a record of all such information in
accordance with Section 21.13.3.D.2.a.
b. Approval or denial of a Floodplain Development Permit by
the Floodplain Administrator shall be based on all of the
provisions of this Section and the following relevant
factors:
i. The danger to life and property due to flooding or
erosion damage.
ii. The susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owner.
iii. The danger that materials may be swept onto other
lands to the injury of others.
iv. The compatibility of the proposed use with existing
and anticipated development.
v. The safety of access to the property in times of
flood for ordinary and emergency vehicles.
vi. The costs of providing governmental services
during and after flood conditions including
maintenance and repair of streets and bridges, and
public utilities and facilities such as sewer, gas,
electrical and water systems.
vii. The expected heights, velocity, duration, rate of rise
and sediment transport of the floodwaters and the
effects of wave action, if applicable, expected at the
site.
viii. The necessity to the facility of a waterfront location,
where applicable.
ix. The availability of alternative locations, not subject
to flooding or erosion damage, for the proposed use.
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c. The Floodplain Administrator may grant a waiver to certain
submittal requirements, within the specified area shown on
Exhibit A, for new construction and substantial
improvements to be erected on a lot of ½ acre or less in size
contiguous to and surrounded by lots with existing structure
constructed below the base flood level, providing the
relevant factors in Section 21.13.3.D.3.b have been fully
considered and the standards of Section 21.13.3.E are met.
The ability to be granted a waiver for the requirements to
the specific area outlined in the exhibit attached hereto are:
i. To prevent slum and blight.
ii. To prevent undue hardship on property owners in
the area shown on Exhibit A to which the
substantial build out and close proximity of the
existing structures creates unique situations where
any impact may be deemed negligible.
4.Variance Procedures
a. The Appeal Board, as established by the community, shall
hear and render judgment on requests for variances from
the requirements of this Section.
b. The Appeal Board shall hear and render judgment on an
appeal only when it is alleged there is an error in any
requirement, decision, or determination made by the
Floodplain Administrator in the enforcement or
administration of this Section.
c. Any person or persons aggrieved by the decision of the
Appeal Board may appeal such decision in the courts of
competent jurisdiction.
d. The Floodplain Administrator shall maintain a record of all
actions involving an appeal and shall report variances to the
Federal Emergency Management Agency upon request.
e. Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on the
National Register of Historic Places or the State Inventory
of Historic Places, without regard to the procedures set
forth in the remainder of this Section.
f. Upon consideration of the factors noted above and the
intent of this Section, the Appeal Board may attach such
conditions to the granting of variances as it deems
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necessary to further the purpose and objectives of this
Section (Section 21.13.3.A.3).
g. Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result.
h. Variances may be issued for the repair or rehabilitation of
historic structures upon a determination that the proposed
repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the
variance is the minimum necessary to preserve the historic
character and design of the structure.
i. Prerequisites for granting variances:
i.Variances shall only be issued upon a determination
that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
ii.Variances shall only be issued upon: (1) showing a
good and sufficient cause; (2) a determination that
failure to grant the variance would result in
exceptional hardship to the applicant, and (3) a
determination that the granting of a variance will
not result in increased flood heights, additional
threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing
local laws or ordinances.
iii.Any application to which a variance is granted shall
be given written notice that the structure will be
permitted to be built with the lowest floor elevation
below the base flood elevation, and that the cost of
flood insurance will be commensurate with the
increased risk resulting from the reduced lowest
floor elevation.
j. Variances may be issued by a community for new
construction and substantial improvements and for other
development necessary for the conduct of a functionally
dependent use provided that (1) the criteria outlined in
Section 21.13.3.D.4 (a)-(j) are met, and (2) the structure or
other development is protected by methods that minimize
flood damages during the base flood and create no
additional threats to public safety.
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E. Provisions for Flood Hazard Reduction
1. General Standards
In all areas of special flood hazards the following provisions are
required for all new construction and substantial improvements:
a. All new construction or substantial improvements shall be
designed (or modified) and adequately anchored to prevent
flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
b. All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damage.
c. All new construction or substantial improvements shall be
constructed with materials resistant to flood damage.
d. All new construction or substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from
entering or accumulating within the components during
conditions of flooding.
e. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system.
f. New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system and discharge from the systems into
flood waters.
g. On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
2. Specific Standards
In all areas of special flood hazards where base flood elevation
data has been provided as set forth in (i) Section 21.13.3.C.2, (ii)
Section 21.13.3.D.2.h or (iii) Section 21.13.3.E.3.c the following
provisions are required:
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-
a. Residential Constructionnew construction and substantial
improvement of any residential structure shall have the
lowest floor (including basement), elevated to or above the
base flood elevation plus one foot of freeboard. A
registered professional engineer, architect, or land surveyor
shall submit a certification to the Floodplain Administrator
that the standard of this subsection as proposed in Section
21.13.3.D.3.a is satisfied.
-
b. Non-Residential Constructionnew construction and
substantial improvements of any commercial, industrial or
other non-residential structure shall either have the lowest
floor (including basement) elevated to or above the base
flood level plus one foot of freeboard or together with
attendant utility and sanitary facilities, be designed so that
the
below the base flood level plus one foot of freeboard,
structure is watertight with walls substantially impermeable
to the passage of water and with structural components
having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered
professional engineer or architect shall develop and/or
review structural design, specifications, and plans for the
construction, and shall certify that the design and methods
of construction are in accordance with accepted standards
of practice as outlined in this subsection. A record of such
certification which includes the specific elevation (in
relation to mean sea level) to which such structures are
flood-proofed shall be maintained by the Floodplain
Administrator.
-
c. Enclosuresnew construction and substantial
improvements, with fully enclosed areas below the lowest
floor that are usable solely for parking of vehicles, building
access or storage in an area other than a basement and
which are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be
certified by a registered professional engineer or architect
or meet or exceed the following minimum criteria:
i. A minimum of two openings on separate walls
having a total net area of not less than 1 square inch
for every square foot of enclosed area subject to
flooding shall be provided.
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ii. The bottom of all openings shall be no higher than 1
foot above grade.
iii. Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that
they permit the automatic entry and exit of
floodwaters.
d. Manufactured Homes -
i. Require that all manufactured homes to be placed
within Zone A on a community's FHBM or FIRM
shall be installed using methods and practices which
minimize flood damage. For the purposes of this
requirement, thelowest floor ofmanufactured
homes must be elevated to one foot above the base
flood elevation and anchored to resist flotation,
collapse, or lateral movement. Methods of
anchoring may include, but are not limited to, use of
over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable State and
local anchoring requirements for resisting wind
forces.
ii. Require that manufactured homes that are placed or
substantially improved within Zones A1-30, AH,
and AE on the community's FIRM on sites (1)
outside of a manufactured home park or
subdivision, (2) in a new manufactured home park
or subdivision, (3) in an expansion to an existing
manufactured home park or subdivision, or (4) in an
existing manufactured home park or subdivision on
which a manufactured home has incurred
"substantial damage" as a result of a flood, be
elevated on a permanent foundation such that the
lowest floor of the manufactured home is one foot
Deleted:
elevated to or
above the base flood elevation and be securely
anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral
movement.
iii. Require that manufactured homes be placed or
substantially improved on sites in an existing
manufactured home park or subdivision with Zones
A1-30, AH and AE on the community's FIRM that
are not subject to the provisions in (1) or (2) be
elevated so that either:
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(a)The lowest floor of the manufactured home
is at or above the base flood elevation plus
one foot of freeboard, or
(b)The manufactured home chassis is supported
by reinforced piers or other foundation
elements of at least equivalent strength that
are no less than 36 inches in height above
grade and be securely anchored to an
adequately anchored foundation system to
resist flotation, collapse, and lateral
movement.
-
e. Recreational Vehicles Require that recreational vehicles
placed on sites within Zones A1-30, AH, and AE on the
community's FIRM be fully licensed, have current motor
vehicle inspection certificate, state registration, is operable
and ready for highway use. A recreational vehicle is ready
for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities
and security devices, has no permanently attached
additions.
Deleted:
subdivision
3. Standards for Subdivision Proposals
a. All subdivision proposals including the placement of
manufactured home parks and subdivisions shall be
consistent with Sections 21.13.3 of this Ordinance.
b. All proposals for the development of subdivisions
including the placement of manufactured home parks and
subdivisions shall meet Floodplain Development Permit
requirements of Section 21.13.3.C.3; Section 21.13.3.D.3;
and the provisions of Section 21.13.3.E of this Ordinance.
c. Base flood elevation data shall be generated for subdivision
and other proposed development
proposals, Master Plans
including the placement of manufactured home parks and
subdivisions which is greater than 50 lots or 5 acres,
whichever is lesser, if not otherwise provided pursuant to
Section 21.13.3.C.2 of this Ordinance. Base flood
Deleted:
or Section 21.13.3.D.2.h
elevation data shall be generated for subdivision proposals,
Master Plans and other proposed development including
the placement of manufactured home parks and
subdivisions less than 5 acres, 50 lots, or where Zone A
exists within 100 feet of the property line, base flood
elevation data and/or elevation certificates may be required
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by the Floodplain Administrator to ensure any new
development is reasonably safe from flooding.
d. All subdivision proposals including the placement of
manufactured home parks and subdivisions shall have
adequate drainage provided to reduce exposure to flood
hazards.
e. All subdivision proposals including the placement of
manufactured home parks and subdivisions shall have
public utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize or
eliminate flood damage.
4.Standards for Areas of Shallow Flooding (AO/AH Zones)
Located within the areas of special flood hazard established in
Section 21.13.3.C.2, are areas designated as shallow flooding.
These areas have special flood hazards associated with flood
depths of 1 to 3 feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable, and where velocity
flow may be evident. Such flooding is characterized by ponding or
sheet flow; therefore, the following provisions apply:
a. All new construction and substantial improvements of
residentialstructures have the lowest floor (including
basement) elevated to or above the base flood elevation
plusone foot of freeboard.
b. All new construction and substantial improvements of non-
residentialstructures;
i.have the lowest floor (including basement) elevated
to or above the base flood elevation plus one foot of
freeboard, or
ii.together with attendant utility and sanitary facilities
be designed so that below the base specified flood
depth in an AO Zone, or below the Base Flood
Elevation plus one foot of freeboard in an AH Zone,
the structure is watertight with walls substantially
impermeable to the passage of water and with
structural components having the capability of
resisting hydrostatic and hydro-dynamic loads of
effects of buoyancy.
c. A registered professional engineer or architect shall submit
a certification to the Floodplain Administrator that the
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standards of this Section, as proposed in Section
21.13.3.D.3 are satisfied.
d. Require within Zones AH or AO adequate drainage paths
around structures on slopes, to guide flood waters around
and away from proposed structures.
5. Floodways
Lands located within areas of special flood hazard established in
Section 21.13.3.C.2, are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of
flood waters which carry debris, potential projectiles and erosion
potential, the following provisions shall apply:
a.Encroachments are prohibited, including fill, new
construction, substantial improvements and other
development within the adopted regulatory floodway unless
it has been demonstrated through hydrologic and hydraulic
analyses performed in accordance with standard
engineering practice that the proposed encroachment would
not result in any increase in flood levels within the
community during the occurrence of the base flood
discharge.
b. If Section 21.13.3.E.5.a above is satisfied, all new
construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions of
21.13.3E.
c. Under the provisions of 44 CFR Chapter 1, Section 65.12,
of the National Flood Insurance Program Regulations, a
community may permit encroachments within the adopted
regulatory floodway that would result in an increase in base
flood elevations, provided that the community first
completes all of the provisions required by Section 65.12.
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Exhibit A: Sec. 21.13.2 Flood Damage Prevention Ordinance
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Sec. 21.13.4 Drainage
A. Applicability. The provisions of this Article shall apply to any Capital
Improvement Project, application for Subdivision Plat, Master
Development Plan, Site Plan, Grading and Clearing Permit, and/or
Building Permit approval except as otherwise provided by this chapter. A
Storm Water Management Plan (SWMP) shall be provided as set forth in
section 21.13.2.
B. Storm Water Management Program
1. System Criteria
a. All storm water management facilities, or combination of
facilities, shall be designed for ultimate development.
Facilities with drainage areas less than one hundred (100)
acres none of which lies within the SFHA shall be designed
for a twenty-five-year storm. Facilities with drainage areas
over one hundred (100) acres or any part of which is within
a SFHA shall be designed for a 100-year storm or a twenty-
five-year storm plus freeboard, as defined in the Public
Works Specifications Manual, if that elevation is higher.
b. Detention facilities and streets are exceptions to the
frequency criteria cited above. Refer to the Public Works
Specifications Manual for specific drainage design criteria
for streets and detention facilities.
c. Three (3) development conditions shall be analyzed for
each development.
i.Existing Conditions. This refers to current
development conditions in the watershed and on-
site. Use as the baseline analysis for determining the
impact of development.
ii.Proposed Conditions. This refers to existing
conditions with the proposed development added.
Use to determine if the increased runoff from the
proposed development results in an adverse impact
to other properties.
iii.Ultimate Conditions. This refers to ultimate
development conditions within the watershed used
to design the drainage facilities. This condition may
) above, to
be used in-lieu of subsection (ii
Deleted:
2
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determine if the increased runoff from the ultimate
watershed development results in an adverse impact
to other properties.
d Responsibility to Accept Storm Water
The owner or developer of property to be developed shall
be responsible for the conveyance of all storm water
flowing through the property. This responsibility includes
the storm water flowing onto the property by any other
developed property as well as the drainage naturally
flowing through the property by reason of topography.
Future upstream development shall be accounted for by
assuming ultimate development when sizing drainage
systems as specified in this section.
e. Positive Overflow Pathways
Storm Water Management Facilities for local drainage
systems will be designed to ensure that a positive overflow
pathway is provided to the nearest one hundred (100) year
conveyance facility. The overflow pathway must be
delineated on a plan that shows all existing structures in the
vicinity impacted by the overflow pathway.
f. Maintenance
i. Maintenance of publicly owned facilities will be the
responsibility of the City. Maintenance of private
facilities is the responsibility of the property owner
or the community association and must be specified
in a maintenance schedule submitted to the City. A
maintenance schedule for privately owned facilities
must be approved by the Director of Public Works
prior to the approval of construction drawings.
ii. Authorized personnel from the City shall conduct
periodic inspections of these facilities and
structures. Any required repairs will be consistent
with current construction standards. Maintenance
issues identified by the City or State during
inspections shall be the responsibility of the current
owner.
iii. If the current owner fails to address any
maintenance issues identified by the City or State,
then the City may perform required maintenance at
the expense of the current owner.
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g. New Development
Peak storm water runoff rates from all new development
shall be less than or equal to the peak runoff rates from the
site?s predevelopment conditions for the five-year, twenty-
five-year and one-hundred-year (100-yr) design storm
events, except as provided in subsection B.1, above.
h. Redevelopment
Peak storm water runoff rates from an area of
redevelopment shall be less than or equal to the peak runoff
rates produced by existing development conditions for the
five-year, twenty-five-year and one hundred (100) year
design storm events, except as provided in subsection B.1,
above.
C. Drainage Easements/Rights-of-Way
1. Where a subdivision is traversed by a watercourse, drainageway,
natural channel or stream, there shall be provided an easement or
right-of-way conforming substantially to the limit of such
watercourse, plus additional width as outlined below.
2. Easements shall be the one hundred (100) year floodplain or the
twenty-five-year plus freeboard (Public Works Specifications
Manual) whichever is greater. In floodplain areas where ongoing
maintenance is required or the floodplain will be reserved for use
by the public, the drainage easements shall be maintained by a
public entity and the property will be dedicated to the City as a
multi-use drainage easement. A drivable access way shall be
provided in floodplain easements for the length of the easement.
Diversion of storm water away from the natural watercourse will
not be allowed except within the boundaries of the property
controlled by the developer, provided that the diverted water is
returned to the watercourse within which it would naturally have
been flowing prior to leaving the developer?s property. An analysis
of the timing of the diverted hydrograph on watersheds greater
than twenty (20) acres, as it reenters the receiving watercourse,
must be performed to show that the peak flow rate in the receiving
watercourse has not been increased as a result of the diversion.
3. An unobstructed access right-of-way connecting the drainage
easement with an alley or roadway parallel to or near the easement
shall be provided at a minimum spacing of one (1) access right-of-
way at approximately one thousand-foot intervals. The access
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right-of-way shall be a minimum of fifteen (15) feet in width and
shall be maintained clear of obstructions that would limit
maintenance vehicular access. If the flow line of the designed
channel incorporates grade control structures or vehicular bridges
that would prevent maintenance equipment from accessing that
portion of the channel, additional access points may be required.
Channel design, earthen or concrete, shall have ramps in the side
slopes near the access points that would allow maintenance
equipment to descend to the floor level of the channel. The
maximum allowable ramp slope for vehicular access is seven to
one (7:1). Access points adjacent to roadways or alleys shall be
provided with a post and cable feature with padlock to prevent
unauthorized use.
4. For single family residential subdivisions, drainage easements
crossing lots and property lines are prohibited. Drainage
easements should be placed in separate common area lots. Fencing
or other structures may be allowed across drainage easements only
in accordance with the following restrictions:
a. The fence or structure will not interfere with adequate
drainage flow.
b. Bottom of fence shall be a minimum of the flow depth, plus
freeboard (see Public Works Specifications Manual) above
design flow line of channel or drain. Fences located within
drainage easements shall be equipped with a bar screen at
the bottom to allow for proper drainage flow to be
approved by the Driector of Public Works or his/her
designee.
c. A hinged gate will be placed across the entire width of the
drainage easement.
d. Fence posts located within the easement must be
structurally designed to resist damage from the storm water
flows and impact from debris.
e. A Floodplain Development Permit will be required to
construct a fence within an easement within the 100-year
floodplain.
5. Interceptor drainage easements and channels shall be provided
where the drainage area to the back of platted lots exceeds the
depth of one (1) platted residential lot or 120 feet whichever is
greater. Interceptor drains shall be constructed prior to the issuing
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of building permits on any lot that would be affected by natural
drainage being intercepted.
6. All developments shall provide for adequate drainage outfall at the
lower end of the site into an existing street, alley, drainage,
easements or right-of-way, or to the centerline of an existing
natural drain. Where proposed street, storm sewer, or open channel
does not discharge into a natural low or into an existing adequate
drainage easement then facilities and drainage easements of
adequate width to contain the design discharge shall be constructed
and dedicated to the centerline of an existing natural low within the
same watershed. However, where the natural low lies within the
developer?s property, the developer will be required only to plat an
easement to natural low and include the design storage area for the
volume of runoff, provided that the easement is adequate to
accommodate the facilities that will be built in conjunction with
the future development of that property to build out of the
watershed.
D. Site Design and Grading
1. All land disturbing or land filling activities or soil storage shall be
undertaken in a manner designed to minimize surface runoff,
erosion and sedimentation, and to safeguard life, limb, property
and the public welfare in accordance with the TPDES General
Permit TXR150000, as amended, and the document entitled
?Complying with the Edwards Aquifer Rules; Technical Guidance
on Best Management Practices,? by Michael E. Barrett, Ph.D., P.E.
Center for Research in Water Resources, Bureau of Engineering
Research, University of Texas at Austin, (RG-348, July 2005),
which documents are hereby incorporated by this reference.
2. Erosion and sedimentation controls in accordance with the
specifications established by the Director of Public Works in
compliance with the Texas Pollutant Discharge Elimination
System (TPDES) permitting requirements and the Public Works
Specifications Manual are required.
3. Projects shall not be considered complete until restoration has been
made in accordance with TPDES requirements.
4. Where possible, multiple uses of drainage facilities and open space
shall be incorporated by the owner or developer of a new
subdivision. Alternative uses such as public recreation,
horse/bike/hiking trails, walking paths, nature preserves, wildlife
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habitat areas, etc. are encouraged subject to the approval of the
Director of Public Works.
5. A note must be placed on the plat for residential lots, which states
that finished floor elevations must be a minimum of eight (8)
inches above final adjacent grade. A grading plan shall be prepared
and submitted to the City, which indicates typical lot grading for
all lots in the subdivision using typical FHA lot grading types (A,
B and C). A more detailed grading plan is also acceptable.
E. For projects or series of projects with an increased impervious area of
greater than 0.1 acres, storm water detention shall mitigate peak flow rates
to predevelopment or existing development conditions including the initial
0.1 acres increase as stated in sections 21.13.4.B. of this Article.
1. The maximum allowable outflow rate from the detention facility
must be restricted to the flow rate from the undeveloped or existing
development tract for the five-year, twenty-five-year and one-
hundred-year frequency. Best Management Practices shall be used
in the design of detention facilities in accordance with this section.
The timing of the hydrograph released from the detention facility
must be checked against the timing of the flow rate in the first
open watercourse to prevent any increase in the peak flow rate in
the receiving watercourse. For detention basins constructed in-line
on an existing watercourse, the creation of the basin shall not
increase flood elevations in the channel upstream of the new
development boundaries.
2. On-site detention facilities must be privately owned and shall be
maintained by the community association or property owner. A
maintenance schedule shall be submitted to the Public Works
Department and approved by the Director of Public Works prior to
approval of construction plans. The City will have the right to do
periodic inspections of privately owned and maintained detention
facilities to ensure that the maintenance schedule is being
implemented.
3. Multi-use facilities are encouraged, but not required (multi-use
facilities allows for water quality, satisfy TPDES requirements,
enhance ground water recharge, provide open space, provide
recreation or other amenities, and/or provide habitat) and may be
utilized so long as the facility meets the standards set forth in
subsection (B.1.a) of this section and does not increase the rate or
volume of erosion above that which would result from the use of a
facility without multiple uses. The use of multi-use detention
facilities to alleviate existing flooding problems, enhance and
provide amenities for older neighborhoods, and support the
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revitalization of economically depressed areas is encouraged in
public and private redevelopment initiatives.
4. Storm water retention with permanent wet pool or pumped
detention systems will not be acceptable methods of storm water
mitigation unless the facility will remain privately owned,
operated, and maintained. The City will approve the use of a
pumped facility for private use under the following conditions:
a.A gravity system is not feasible from an engineering and
economic standpoint.
b. At least two (2) pumps are provided each of which is sized
to pump the design flow rate.
c. The selected design outflow rate must not aggravate
downstream flooding.
d. Controls and pumps shall be designed to prevent
unauthorized operation and vandalism.
e. Adequate assurance is provided that the system will be
operated and maintained on a continuous basis.
5. All storm water detention facilities considered to be dams as
defined by Texas Commission on Environmental Quality (TCEQ)
shall conform to any applicable law, regulation, and ordinance of
any regulatory entity and the following criteria:
a. All dams shall be approved by the Dam Safety Team of the
Texas Commission on Environmental Quality (TCEQ) for
safety. All other new dams shall be designed in accordance
with acceptable design criteria as approved by the Director
of Public Works, or his authorized representative.
b. All hydrology and hydraulic properties of a dam will be
reviewed by the Department of Public Works with regard
to spillway design, freeboard hydraulics, backwater curves
and downstream effects due to the dam site.
c. The spillway section of any earthen dam with a height
greater than six (6) feet shall be large enough to pass a
PMP (probable maximum precipitation) flood, as defined
by the NRCS, without overtopping the crest of the dam in
accordance with TCEQ regulations.
d. A 100-year frequency flood shall be routed through the
proposed dam and all land subject to flooding shall be
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dedicated as drainage easement or right-of-way. An
unobstructed fifteen-foot access easement around the
periphery of the flooded area shall be dedicated as drainage
easement for facilities that require regular mowing or other
ongoing maintenance, at the discretion of the Director of
Public Works. An unobstructed fifteen-foot access right-of-
way shall be established which connects the drainage
easement adjacent to the dam structure to a road or alley.
e. Development below existing dams will take into account
the original design conditions of the existing dam. Dam
breach analysis checks will be required, dependent upon
location of development with respect to dam site.
f. All spillway discharges shall be adequately routed to the
centerline of the natural low below the dam site. The
adequate routing of spillway discharges pertains to the
hydraulic routing of the one hundred (100) year frequency
flood for dedication of drainage easement limits. Probable
maximum precipitation (PMP) defined PMP on definition
section flood routing or breaches will only be considered
for safety considerations (that is, the placement of building
and the setting of minimum floor slab elevations below the
dams). Any proposed concrete dam structure need not have
spillway capable of routing a PMP flood, however, it shall
be shown to be structurally capable of withstanding any
range of flood conditions with regard to possible failure
due to sliding, overturning, and structural integrity, up to
and including the PMP flood.
21.13.5 Control of Storm Water Run-off
A.Procedure for Submittal of a Storm Water Management Plan
To standardize the review process and minimize the time for approval by
the City during review of any applications indicated in Section 21.13.4.A
of this Article, a complete submittal regarding the analysis of existing
drainage conditions and the design of modifications or new drainage
facilities is necessary. The owner of the property to be developed is
required by the Director of Public Works to provide, at the owner?s
expense and as a condition of construction plan approval, a Storm Water
Management Plan (SWMP) for the total development area to be ultimately
constructed. The SWMP shall contain all of the necessary support data,
methodologies used in calculations, and conclusions as required by the
Public Works Specifications Manual (Section 4.3). A checklist is found in
the Public Works Specifications Manual (Section 6) that will be used by
the City reviewer as a guide during the evaluation of all SWMPs
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submitted to the City. The purpose of the checklist is to expedite the
review process for both the engineer and the City, and to aid the engineer
in the preparation of reports for the City?s review. The SWMP shall be
submitted to the Director of Public Works or his/her designee prior to
approval of any construction plans.
B. Purpose and Intent
The purpose of the Ordinance for the Control of Storm Water Run-off
(?this Ordinance?) is to establish minimum storm water management
requirements and controls to protect and safeguard the general health,
safety, and welfare of the public residing in watersheds within this
jurisdiction. This Ordinance seeks to meet that purpose through the
following objectives:
1. Minimize storm water run-off from any property in order to reduce
flooding, siltation, increases in stream temperature, stream bank
erosion and maintain the integrity of stream channels.
2. Minimize nonpoint source pollution caused by storm water run-off
from property which would otherwise degrade local water quality.
3. Minimize the total annual volume of surface water run-off which
flows from any specific site during and following development to
not exceed the pre-development hydrologic regime to the
maximum extent practicable.
4. Reduce storm water run-off rates and volumes, soil erosion and
nonpoint source pollution, through storm water management
controls and to ensure that these management controls are properly
maintained and pose no threat to public safety.
C. Applicability
This Ordinance shall be applicable to all territory within the corporate
limits and extraterritorial jurisdiction of the City including any developed
and undeveloped land unless explicitly exempted by Section 4 of this
Ordinance or an authorized state or federal enforcement agency. This
Ordinance also applies to land development activities that are smaller than
the minimum applicability criteria if such activities are part of a larger
common plan of development that meets the following applicability
criteria, even though multiple separate and distinct land development
activities may take place at different times on different schedules. In
addition, all plans may also be reviewed by local environmental protection
officials to ensure that established water quality standards will be
maintained during and after development of the site and that post
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construction run-off levels are consistent with any local and regional
watershed plans.
To prevent the adverse impacts of storm water run-off, the City has
developed a set of performance standards that must be met by new
developments. These standards apply to any construction activity
or more of land. The following activities may be
disturbing one (1) acre
exempt from these storm water performance criteria:
1.Any emergency activity that is immediately necessary for the
protection of life, property, or natural resources. Public Works
must be notified within 24 hours of such activities.
2.The removal of underbrush, dead trees, and diseased or damaged
trees which constitute a hazard to life and property based upon
field inspection verification.
3.Grading and clearing practices associated with agricultural
operations, excluding timber cutting, grading cuts or fills, and
work within designated special flood hazard area.
D. Responsibility for Administration
Public Works shall administer, implement, and enforce the provisions of
this Ordinance. Any powers granted or duties imposed upon the
authorized enforcement agency may be delegated in writing by the
Director of Public Works or his/her designee to persons or entities acting
in the beneficial interest of the City. Whenever the requirements of this
Ordinance are in conflict with the requirements of any other adopted rules,
regulations, or ordinances, the requirement that is most restrictive or that
imposes the higher standards, as determined by the Director of Public
Works or his/her designee, shall apply.
E. Ultimate Responsibility
The issuance of any permit, certificate, or approval in accordance with the
standards and requirements of this Ordinance shall not relieve the recipient
of such permit, certificate, or approval from the responsibility of
complying with all other applicable requirements of any other
municipality, county, special district, state or federal agency having
jurisdiction over the storm drainage system for which the permit,
certificate or approval was issued. This Ordinance does not intend or
imply that compliance by any person will ensure that there will not be
contamination, pollution, or unauthorized discharge of pollutant.
F. Development of a Storm Water Design Manual
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The City may furnish additional policy, criteria, and information including
specifications and standards, for the proper implementation of the
requirements of this Ordinance and may provide such information in the
form of a Storm Water Design Manual as part of the Public Works
Specifications Manual. This manual will include a list of acceptable storm
water treatment practices, including the specific design criteria and
operation and maintenance requirements for each storm water practice.
The manual may be updated and expanded at the discretion of the local
review authority, based on improvements in engineering, science,
monitoring, and local maintenance experience. Storm water treatment
practices that are designed and constructed in accordance with these
design and sizing criteria will be presumed to meet the minimum water
quality performance standards of the City.
G. Permit Required
No land owner or land operator shall receive a Grading and Clearing
Permit, Development Permit or Construction Permit, required for land
disturbance activities, without first meeting the requirements of this
Ordinance prior to commencing the proposed activity.
H. Application Requirements
Unless specifically excluded by this Ordinance, any land owner or
operator desiring a permit for a land disturbance activity shall submit to
the City a permit application on a form provided for that purpose.
Unless otherwise excluded by this Ordinance, a permit application must be
accompanied by the following:
1. A storm water management concept plan.
2. A maintenance agreement.
3 A non-refundable permit review fee.
The storm water management plan and maintenance agreement shall be
prepared to meet at minimum the requirements of this Ordinance, the
Public Works Specifications Manual, the Unified Development Code, and
any other applicable law, code, or ordinance. The fees shall be
established by the City in the current fee schedule at the time of
application submittal, or as required in this Ordinance.
The City may, at its discretion, require the submittal of a performance
bond/escrow in the amount of $1,000/acre prior to the issuance of a permit
in order insure that the storm water management practices as required by
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the plans approved for the permit are installed and maintained by the
permit holder for the duration of the construction activity. The
performance bond or escrow will not be released until all land disturbed
by construction activity has 85% coverage of approved vegetation as
determined by the Director of Public Works or his/her designee.
I. Application Review Fees
The fee for review of any land development application shall be based on
the amount of land to be disturbed at the site, and the fee structure shall be
established by the City. All of the monetary contributions shall be
credited to a local budgetary category to support local plan review,
inspection, and program administration. Payment shall be made prior to
the issuance of any permit for the development.
J. Application Procedure
1. Applications for land disturbance activity permits must be filed
with the Inspections Department on any regular business day.
2. A copy of this permit application shall be forwarded to the
appropriate department(s) for review.
3. Permit applications shall include the following; two copies of the
storm water management concept plan, two copies of the
maintenance agreement, one copy of the storm water management
concept plan, and the maintenance agreement in PDF on a
CD/DVD, and any required review fees.
4. Within 30 days of the receipt of a complete permit application,
including all documents as required by this Ordinance, the City
shall inform the applicant whether the application, plan, and
maintenance agreement are approved or disapproved.
5. If the permit application, storm water management plan, or
maintenance agreement are disapproved, the applicant may revise
the storm water management plan or agreement. If additional
information is submitted, the City shall have 30 days from the date
the additional information is received to inform the applicant that
the plan and maintenance agreement are either approved or
disapproved.
K. Permit Duration
Permits issued under this section shall be valid from the date of issuance
through the date of completion as specified on each individual permit. It
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is the responsibility of the applicant to ensure that all storm water
management practices have passed the final inspection required under the
permit?s conditions, or an extension has been approved if applicable by the
date of completion of the permit.
L. Waivers for Providing Storm Water Management
1. Every applicant shall provide for storm water management as
required by this Ordinance, unless a written request is filed to
waive this requirement.Requests to waive the storm water
management plan requirements shall be submitted to the City for
approval.
The minimum requirements for storm water management may be
waived in whole or in part upon written request of the applicant,
provided that at least one of the following conditions applies:
a. It can be demonstrated that the proposed development is
not likely to impair attainment of the objectives of this
Ordinance.
b. Alternative minimum requirements for on-site management
of storm water discharges have been established in a storm
water management plan that has been approved by the City
and the implementation of the plan is required by local
ordinance.
c. Provisions are made to manage storm water by an off-site
facility. The off-site facility is required to be in place and
be designed and adequately sized to provide a level of
storm water control that is equal to or greater than that
which would be afforded by on-site practices and there is a
legally obligated entity responsible for long-term operation
and maintenance of the storm water practice.
d. The City determines that meeting the minimum on-site
management requirements is not feasible due to the natural
or existing physical characteristics of a site.
e. Non-structural practices will be used on the site that
reduces: 1.) the generation of storm water from the site, 2.)
the size and cost of storm water storage and 3.) the
pollutants generated at the site. These non-structural
practices are explained in detail in the current design
manual and the amount of credit available for using such
practices shall be determined by the City.
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2. In instances where one of the conditions above applies, the City
may grant a waiver from strict compliance with these storm water
management provisions, as long as acceptable mitigation measures
are provided. However, to be eligible for a variance, the applicant
must demonstrate to the satisfaction of the City that the variance
will not result in the following impacts to downstream waterways:
a. Deterioration of existing culverts, bridges, dams, and other
structures.
b. Degradation of biological functions or habitat.
c. Accelerated stream bank or stream bed erosion or siltation.
d. Increased threat of flood damage to public health, life,
safety, and/or property.
3. Furthermore, where compliance with minimum requirements for
storm water management is waived, the applicant will satisfy the
minimum requirements by meeting one of the mitigation measures
selected by the jurisdictional storm water authority. Mitigation
measures may include, but are not limited to, the following:
a. The purchase and donation of privately owned lands, or the
grant of an easement to be dedicated for preservation
and/or reforestation. These lands should be located
adjacent to the stream corridor in order to provide
permanent buffer areas to protect water quality and aquatic
habitat.
b. The creation of a storm water management facility or other
drainage improvements on previously developed properties,
public or private, that currently lack storm water
management facilities designed and constructed in
accordance with the purposes and standards of this
Ordinance.
c. Monetary contributions (fee-in-lieu) to fund storm water
management activities such as research and studies (e.g.,
regional wetland delineation studies, stream monitoring
studies for water quality and macro-invertebrates, stream
flow monitoring, threatened and endangered species
studies, hydrologic studies, and monitoring of storm water
management practices).
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4. The City Manager or his/her designee may authorize waivers from
the provisions of this Ordinance when, in his/her opinion, undue
hardship will result from requiring strict compliance. In granting a
waiver, the City Manager shall prescribe only conditions that
he/she deems necessary or desirable to the public interest. In
making his/her findings, the City Manager shall take into account
the nature of the proposed use of the land involved and existing
uses of land in the vicinity, the number of persons who will reside
or work in the proposed subdivision, and the probable effect of
such waivers upon traffic conditions and upon the public health,
safety, convenience, and welfare in the vicinity. Waivers shall not
be granted unless the City Manager finds:
a. That the granting of the waiver will not be detrimental to
the public health, safety, or welfare, or injurious to other
property in the area, and will not violate any applicable law
or ordinance of any regulatory entity.
b. That the granting of the waiver will be in harmony with the
general purpose and intent of the UDC and any other
applicable code or ordinance so that the public health,
safety, and welfare may be secured and justice done.
5. Such findings of the City Manager, together with the specified
facts upon which such findings are based, shall be incorporated
into the official records of any related permit for which such
waiver is granted.
6. The City Manager may establish a time period for execution of
each granted waiver. Any decision of the City Manager or his/her
designee regarding waivers to the provisions of this Ordinance
may be appealed to the City Council. When considering an appeal,
the City Council shall consider the same standards as the City
Manager, as outlined above.
M. Fee in Lieu of Storm Water Management Practices
Where the City waives all or part of the minimum storm water
management requirements, or where the waiver is based on the provision
of adequate storm water facilities provided downstream of the proposed
development, the applicant shall be required to pay a fee in an amount as
determined by the City. When an applicant obtains a waiver of the
required storm water management, the monetary contribution required
shall not exceed the proportionate cost of his/her contribution to the
system discharged into (unless the applicant and storm water authority
reach an agreement on a greater alternate contribution). All of the
monetary contributions shall be credited to an appropriate capital
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improvements program project, and shall be made by the developer prior
to the issuance of any permit for development.
N. Dedication of Land
In lieu of a monetary contribution, an applicant may obtain a waiver of the
required storm water management by entering into an agreement with the
City for the granting of an easement or the dedication of land by the
applicant, to be used for the construction of an off-site storm water
management facility. The agreement shall be entered into by the applicant
and the City prior to the recording of plats or, if no record plat is required,
prior to the issuance of the building permit.
O. General Performance Criteria for Storm Water Management
Unless judged by the City to be exempt or by waiver, the following
performance criteria shall be addressed for storm water management at all
sites:
1. All site designs shall establish storm water management practices
to control the peak flow rates of storm water discharge associated
with specified design storms and reduce the generation of storm
water. These practices should seek to utilize pervious areas for
storm water treatment and to infiltrate storm water run-off from
driveways, sidewalks, rooftops, parking lots, and landscaped areas
to the maximum extent practical to provide treatment for both
water quality and quantity.
2. All storm water run-off generated from new development shall not
discharge untreated storm water directly into a jurisdictional
wetland or local water body without adequate treatment. Where
such discharges are proposed, the impact of the proposal on
wetland functional values shall be assessed using a method
acceptable to the City. In no case shall the impact on functional
values be any less than allowed by the United States Army Corp of
Engineers (USACE) or the Texas Commission of Environmental
Quality (TCEQ) responsible for natural resources.
3. Annual groundwater recharge rates shall be maintained by
promoting infiltration through the use of structural and non-
structural methods.
4. For new development, structural storm water treatment practices
(STP) shall be designed to remove the average annual post
development total suspended solids load (TSS). It is presumed that
a STP complies with this performance standard if it is:
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a. Sized to capture the prescribed water quality volume
(WQ).
v
b. Designed according to the specific performance criteria
outlined in the local storm water design manual.
c. Constructed properly and maintained regurlarly.
5. To protect stream channels from degradation, specific channel
protection criteria shall be provided as prescribed in the current
storm water manual.
6. Storm water discharges to critical areas with sensitive resources
(i.e. Edwards Aquifer regulated zones and other water supply
reservoirs) will be required to meet the requirements of the
Edwards Aquifer Protection Program.
7. Certain industrial sites are required to prepare and implement a
storm water pollution prevention plan, and shall file a notice of
intent (NOI) under the provisions of the Texas Pollutant Discharge
Elimination System (TPDES) general permit. The storm water
pollution prevention plan requirement applies to both existing and
new industrial sites.
8. Storm water discharges from land uses or activities with higher
potential pollutant loadings, known as ?hotspots?, may require the
use of specific structural storm water treatment practice (STPs) and
pollution prevention practices.
9. Prior to design, applicants are required to consult with the City to
determine if they are subject to additional storm water design
requirements.
10. The calculations for determining peak flows as found in the Public
Works Specification Manual shall be used for sizing all storm
water management practices.
P. Minimum Control Requirements
All storm water management practices will be designed so that the specific
storm frequency storage volumes (e.g., recharge, water quality, channel
protection, 5 year, 25 year, 100 year) as identified in the current storm
water design manual are met, unless the City grants the applicant a waiver
or the applicant is exempt from such requirements.
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In addition, if hydrologic or topographic conditions warrant greater control
than that provided by the minimum control requirements, the City reserves
the right to impose any and all additional requirements deemed necessary
to control the volume, timing, and rate of run-off.
Q. Site Design Feasibility
Storm water management practices for a site shall be chosen based on the
physical conditions of the site. Among the factors that should be
considered:
1. Topography
2. Maximum Drainage Area
3. Depth to Water Table
4. Soils
5. Slopes
6. Terrain
7. Head
8. Location in relation to environmentally sensitive features or ultra-
urban areas
R. Conveyance Issues
All storm water management practices shall be designed to convey storm
water to allow for the maximum removal of pollutants and reduction in
flow velocities. This shall include, but not be limited to:
1. Maximizing of flowpaths from inflow points to outflow points
2. Protection of inlet and outfall structures
3. Elimination of erosive flow velocities
4. Providing of underdrain systems, where applicable
The Storm Water Design Manual shall provide detailed guidance on the
requirements for conveyance for each of the approved storm water
management practices.
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S. Treatment/Geometry Conditions
All storm water management practices shall be designed to capture and
treat storm water run-off according to the specifications outlined in the
Storm Water Design Manual. These specifications will designate the
water quantity and quality treatment criteria that apply to an approved
storm water management practice.
T. Landscaping Plans Required
All storm water management practices must have a landscaping plan
detailing both the vegetation to be in the practice and how and who will
manage and maintain this vegetation.
U. Maintenance Agreements
All storm water treatment practices shall have an enforceable operation
and maintenance agreement to ensure the system functions as designed.
This agreement will include any and all maintenance easements required
to access and inspect the storm water treatment practices, and to perform
routine maintenance as necessary to ensure proper functioning of the
storm water treatment practice. In addition, a legally binding covenant
specifying the parties responsible for the proper maintenance of all storm
water treatment practices shall be secured prior to issuance of any permits
for land disturbance activities.
V. Non-Structural Storm Water Practices
The use of non-structural storm water treatment practices is encouraged in
order to minimize the reliance on structural practices. Credit in the form
of reductions in the amount of storm water that must be managed can be
earned through the use of non-structural practices that reduce the
generation of storm water from the site. These non-structural practices are
explained in detail in the current design manual and applicants wishing to
obtain credit for use of non-structural practices must ensure that these
practices are documented and remain unaltered by subsequent property
owners.
W.Storm Water Management Plan Required for All Developments
No application for development will be approved unless it includes a
storm water management plan detailing in concept how run-off and
associated water quality impacts resulting from the development will be
controlled or managed. This plan must be prepared by an individual
approved by the City, must indicate whether storm water will be managed
on-site or off-site and the general location and type of practices.
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The storm water management plan(s) shall be referred for comment to all
other interested agencies, and any comments must be addressed in a final
storm water management plan. This final plan must be signed by a
licensed professional engineer (PE), who will verify that the design of all
storm water management practices meet the submittal requirements
outlined in the Submittal Checklist found in the storm water design
manual. No Grading and Clearing Permit, Development Permit or
Construction Permit shall be issued until a satisfactory final Storm Water
Management Plan, or a waiver thereof, shall have undergone a review and
been approved by the City after determining that the plan or waiver is
consistent with the requirements of this Ordinance.
X.Storm Water Management Concept Plan Requirements
A storm water management concept plan shall be required with all permit
applications and will include sufficient information (i.e, maps, hydrologic
calculations, etc) to evaluate the environmental characteristics of the
project site, the potential impacts of all proposed development of the site,
both present and future, on the water resources, and the effectiveness and
acceptability of the measures proposed for managing storm water
generated at the project site. The intent of this conceptual planning process
is to determine the type of storm water management measures necessary
for the proposed project, and ensure adequate planning for management of
storm water run-off from future development. To accomplish this goal the
following information shall be included in the concept plan:
1. A map (or maps) indicating the location of existing and proposed
buildings, roads, parking areas, utilities, structural storm water
management and sediment control facilities. The map(s) will also
clearly show proposed land use with tabulation of the percentage
of surface area to be adapted to various uses; drainage patterns;
locations of utilities, roads and easements; the limits of grading
and clearing; a written description of the site plan and justification
of proposed changes in natural conditions may also be required.
2. Sufficient engineering analysis to show that the proposed storm
water management measures are capable of controlling run-off
from the site in compliance with this Ordinance and the
specifications of the Storm Water Design Manual.
3. A written or graphic inventory of the natural resources at the site
and surrounding area as it exists prior to the commencement of the
project and a description of the watershed and its relation to the
project site. This description should include a discussion of soil
conditions, forest cover, topography, wetlands, and other native
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vegetative areas on the site. Particular attention should be paid to
environmentally sensitive features that provide particular
opportunities or constraints for development.
4. A written description of the required maintenance burden for any
proposed storm water management facility.
5. The City may also require a concept plan to consider the maximum
development potential of a site under existing zoning, regardless of
whether the applicant presently intends to develop the site to its
maximum potential.
Y.Final Storm Water Management Plan Requirements
After review of the storm water management concept plan, and
modifications to that plan as deemed necessary by the City, a final storm
water management plan must be submitted for approval. The final storm
water management plan, in addition to the information from the concept
plan, shall include all of the information required in the Storm Water
Management Plan checklist found in the Storm Water Design Manual.
Z. Performance Bond/Escrow
1. The City may, at its discretion, require the submittal of a
performance escrow or bond prior to issuance of any permit in
order to insure that the storm water practices are installed by the
permit holder as required by the approved storm water
management plan. The amount of the performance bond/escrow
and the forfeiture provisions for failure to complete work specified
in the storm water management plan shall be in accordance with
Section 8 of this Ordinance.
2. The performance bond/escrow shall be released in full only upon
submission of "as-built plans", quantity and cost of any public
storm water conveyance facilities, 85% coverage of vegetation of
all disturbed areas, and written certification by a registered
professional engineer that the storm water practice has been
installed in accordance with the approved plan and other applicable
provisions of this Ordinance.
4.The City will make a final inspection of the storm water practice to
ensure that it is in compliance with the approved plan and the
provisions of this Ordinance. Provisions for a partial pro-rata
release of the performance security based on the completion of
various development stages can be done at the discretion of the
City.
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AA. Notice of Construction Commencement
1. The applicant must notify the City at least two business days in
advance before the commencement of construction. Regular
inspections of the storm water management system construction
shall be conducted by the staff or certified by a professional
engineer or their designee who has been approved by the
jurisdictional storm water authority. All inspections shall be
documented and written reports prepared that contain the following
information:
a. The date and location of the inspection.
b. Whether construction is in compliance with the approved
storm water management plan.
c. Variations from the approved construction specifications.
d. Any violations that exist.
2.If any violations are found, the property owner shall be notified in
writing of the nature of the violation and the required corrective
actions. No added work shall proceed until any violations are
corrected and all work previously completed has received approval
by the City.
BB.As-Built Plans
All applicants are required to submit actual ?as-built? plans for any storm
water management practices located on-site after final construction is
completed. The plan must show the final design specifications for all
storm water management facilities and must be certified by a professional
engineer. A full size set of as-builts and one copy PDF on CD/DVD as
well as final inspection by the City is required before the release of any
performance securities can occur.
CC. Landscaping and Stabilization Requirements
Any area of land from which the natural vegetative cover has been either
partially or wholly cleared or removed by development activities shall be
revegetated within ten (10) days from the substantial completion of such
clearing and construction. The following criteria shall apply to
revegetation efforts:
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1. Reseeding must be done in accordance with the criteria established
in the Public Works Specification Manual to control erosion until
such time as the cover crop is established over eighty-five percent
(85%) of the seeded area.
2. Replanting with native woody and herbaceous vegetation must be
accompanied by placement of straw mulch or its equivalent of
sufficient coverage to control erosion until the plantings are
established and are capable of controlling erosion.
3. In addition to the above requirements, a landscaping plan must be
submitted with the final design describing the vegetative
stabilization and management techniques to be used at a site after
construction is completed. This plan will explain not only how the
site will be stabilized after construction, but who will be
responsible for the maintenance of vegetation at the site and what
practices will be employed to ensure that adequate vegetative
cover is preserved. This plan must be approved prior to receiving
a permit.
4. In order to file a plat before establishing 85% coverage of
approved vegetation on all land disturbed by construction activity,
a performance bond/escrow must be submitted to and accepted by
the City in accordance with Section 25 of this Ordinance.
DD. Maintenance Easement
Prior to the issuance of any permit that has an storm water management
facility as one of the requirements of the permit, the applicant or owner of
the site must execute a maintenance easement agreement that shall be
binding on all subsequent owners of land served by the storm water
management facility. The agreement shall provide for access to the facility
at reasonable times for periodic inspection by the City, or their contractor
or agent, and for regular or special assessments of property owners to
ensure that the facility is maintained in proper working condition to meet
design standards and any other provisions established by this Ordinance.
The easement agreement shall be recorded prior to final plat approval or
prior to any building permit issued within the development, whichever is
sooner.
EE. Maintenance Covenants
1. Maintenance of all storm water management facilities shall be
ensured through the creation of a formal maintenance covenant
that must be approved by the City and recorded into the land
record prior to construction plan approval. As part of the
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covenant, a schedule shall be developed for when and how often
maintenance will occur to ensure proper function of the storm
water management facility. The covenant shall also include plans
for periodic inspections to ensure proper performance of the
facility between scheduled cleanouts.
2.The City, in lieu of a maintenance covenant, may accept dedication
of any existing or future storm water management facility for
maintenance, provided such facility meets all the requirements of
the Public Works Specifications Manual and the Unified
Development Code and includes adequate and perpetual access and
sufficient area, by easement or otherwise, for inspection and
regular maintenance.
FF. Requirements for Maintenance Covenants
All storm water management facilities will be subject to, at the minimum,
an annual inspection to document maintenance and repair needs and
ensure compliance with the requirements of this Ordinance and
accomplishment of its purposes. These needs may include; removal of
silt, litter and other debris from all catch basins, inlets and drainage pipes,
grass cutting and vegetation removal, and necessary replacement of
landscape vegetation. Any maintenance needs found must be addressed in
a timely manner, as determined by the City, and the inspection and
maintenance requirement may be increased as deemed necessary to ensure
proper functioning of the storm water management facility.
GG. Inspection Storm Water Facilities
Inspection programs may be established on any reasonable basis,
including but not limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections of
businesses or industries of a type associated with higher than usual
discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations of
state or federal water or sediment quality standards or the TPDES storm
water permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not limited
to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities and
other storm water treatment practices.
HH. Right-of-Entry for Inspection
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When any new drainage control facility is installed on private property, or
when any new connection is made between private property and a public
drainage control system, sanitary sewer or combined sewer, the property
owner shall grant to the City the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection. This
includes the right to enter a property when it has a reasonable basis to
believe that a violation of this Ordinance is occurring or has occurred, and
to enter when necessary for abatement of a public nuisance or correction
of a violation of this Ordinance.
II. Records of Installation and Maintenance Activities
Parties responsible for the operation and maintenance of a storm water
management facility shall make records of the installation and of all
maintenance and repairs, and shall retain the records for at least 3 years.
These records shall be made available to the City during inspection of the
facility and at other reasonable times upon request.
JJ. Failure to Maintain Practices
If a responsible party fails or refuses to meet the requirements of the
maintenance covenant, the City, after reasonable notice, may correct a
violation of the design standards or maintenance needs by performing all
necessary work to place the facility in proper working condition. In the
event that the storm water management facility becomes a danger to
public safety or public health, the City shall notify the party responsible
for maintenance of the storm water management facility in writing. Upon
receipt of that notice, the responsible person shall have 60 days to effect
maintenance and repair of the facility in an approved manner. After proper
notice, the City may assess the owner(s) of the facility for the cost of
repair work and any penalties; and the cost of the work shall be a lien on
the property, or prorated against the beneficial users of the property, and
may be placed on the tax bill and collected as ordinary taxes by the
county.
KK. Violations
Any development activity that is commenced or is conducted contrary to
this Ordinance, may be restrained by injunction or otherwise abated in a
manner provided by law.
LL. Notice of Violations
1. When the City determines that an activity is not being carried out
in accordance with the requirements of this Ordinance, it shall
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issue a written notice of violation to the owner of the property. The
notice of violation shall contain:
a. The name and address of the owner or the applicant or the
responsible person.
b. The address or other description of the site upon which the
violation is occurring.
c. A statement specifying the nature of the violation.
d. A description of the remedial measures necessary to bring
the action or inaction into compliance with the permit, the
storm water management plan, the storm water
maintenance agreement, or this Ordinance and the date for
the completion of such remedial action.
e. A statement of the penalty or penalties that may be assessed
against the person to whom the notice of violation is
directed.
f. A statement that the determination of violation may be
appealed to the City Council of the City by filing a written
notice of appeal within five (5) business days after the
notice of violation (except, that in the event the violation
constitutes an immediate danger to public health or public
safety, 24 hours notice shall be sufficient).
2.The City may recover all attorneys? fees, court costs, and other
expenses associated with enforcement of this Ordinance, including
sampling and monitoring expenses.
MM. Stop Work Orders
Persons receiving a notice of violation will be required to halt all
construction activities not directly related to the actions necessary to
restore compliance with this Ordinance. This ?stop work order? will be in
effect until the City confirms that the development activity is in
compliance and the violation has been satisfactorily addressed. Failure to
address a notice of violation in a timely manner can result in civil,
criminal, or monetary penalties in accordance with the enforcement
measures authorized in this Ordinance.
NN. Civil and Criminal Penalties
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In addition to or as an alternative to any penalty provided herein or by law,
any person who violates the provisions of this Ordinance shall be deemed
guilty of a class ?C? misdemeanor and each day during which any
violation of any of the provisions of this Ordinance is committed,
continued, or permitted, shall constitute a separate offense. Upon
conviction of any such violation, such person, partnership, or corporation
may be punished by and fined a minimum amount of not less than two
hundred dollars ($200.00) per violation and a maximum amount of not
more than two thousand dollars ($2,000.00) per violation. In addition to
any other penalty authorized by this section, any person, partnership, or
corporation convicted of violating any of the provisions of this Ordinance
shall be required to bear the expense of such restoration. A civil penalty
in an amount not to exceed five hundred dollars ($500.00) per violation of
this Ordinance may be imposed. Each violation of a particular section of
this Ordinance shall constitute a separate offense, and each day such an
offense continues shall be considered a new violation for purposes of
enforcing this Ordinance.
OO. Restoration of Lands
Any violator may be required to restore land to its undisturbed condition.
In the event that restoration is not undertaken within a reasonable time
after notice, the City may take necessary corrective action, the cost of
which shall be borne by the owner and may become a lien upon the
property until paid.
PP. Holds on Occupancy Permits
Occupancy permits will not be granted or may be revoked until all
corrections to all storm water practices have been made and accepted by
the City.
21.13.6 Illicit Discharge and Connection
A. Purpose
The purpose and intent of this Section is to provide for the health, safety,
and general welfare of the citizens of the City of Schertz (?the City?)
through the regulation of non-storm water discharges to the storm drainage
system as required by the Texas Pollutant Discharge Elimination System
(TPDES) permit and state law. The objectives are to regulate the
contribution of pollutants to the storm drainage system by storm water
discharges of any user, to prohibit illicit discharges and connections to the
storm drainage system, to establish legal authority to carry out all
inspection, surveillance, and monitoring procedures necessary to ensure
compliance with this Ordinance, and to establish penalties for violations of
this Ordinance. The provisions of this Ordinance shall be interpreted and
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applied as the minimum requirements for the promotion of public health,
safety and general welfare.
B. Applicability
This Section shall apply to all discharges entering the storm drainage
system generated on any developed and undeveloped lands within the
corporate limits of the City or in the extraterritorial jurisdiction unless
explicitly exempted by Public Works or an authorized state or federal
enforcement agency.
C.Responsibility for Administration
Public Works shall administer, implement, and enforce the provisions of
this Ordinance. Any powers granted or duties imposed upon the
authorized enforcement agency may be delegated in writing by the
Director of Public Works or his/her designee to persons or entities acting
in the beneficial interest in the employ of the City. Whenever the
requirements of this Ordinance are in conflict with the requirements of any
other lawfully adopted rules, regulations, or ordinances, the requirement
that is most restrictive or that imposes the higher standards, as determined
by the Director of Public Works or his/her designee shall apply.
D. Ultimate Responsibility
The issuance of any permit, certificate or approval in accordance with the
standards and requirements of this Ordinance shall not relieve the recipient
of such permit, certificate or approval from the responsibility of
complying with all other applicable requirements of any other
municipality, county, special district, state or federal agency having
jurisdiction over the storm drainage system for which the permit,
certificate or approval was issued. This Ordinance does not intend or
imply that compliance by any person will ensure that there will not be
contamination, pollution, or unauthorized discharge of pollutants.
E. Prohibitions
1. Prohibition of Illegal Discharges
No person shall discharge or cause to be discharged into the storm
drain system or watercourse any materials, including but not
limited to pollutants or waters containing any pollutants that cause
or contribute to a violation of applicable water quality standards,
other than storm water. The commencement, conduct, or
continuance of any illegal discharge to the storm drainage system
is prohibited except as described as follows:
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a.The following are exempt discharges not prohibited by the
establishment of this Ordinance: uncontaminated water line
flushing or other potable water sources, landscape irrigation
or lawn watering, diverted stream flows, rising ground
water, ground water infiltration to storm drains,
uncontaminated pumped ground water, foundation or
footing drains (not including active ground water
dewatering systems), crawl space pumps, air conditioning
condensation, springs, individual, noncommercial washing
of vehicles, natural riparian habitat or wetland flows, fire
hydrant flushing, firefighting activities, and any other water
source not containing pollutants of concern or other
materials as described in this Ordinance.
b. Discharges from swimming pools are generally not allowed
unless: de-chlorinated to less than 1 ppm chlorine or
discharged through the yard of the property on which it is
located, and does not cross adjacent property, to aid in
dissipating the chlorine and notification to the Public
Works Department at least one business day in advance of
discharge.
c. Discharges specified in writing by the Director of Public
Works or his/her designee as being necessary to protect
public health and safety.
d. Dye testing is an allowable discharge, but requires written
approval from the Director of Public Works or his/her
designee and all other applicable enforcement agencies
prior to the time of the test.
e. The prohibition shall not apply to any non-storm water
discharge permitted under an TPDES permit, waiver, or
waste discharge order issued to the discharger and
administered under the authority of the Federal
Environmental Protection Agency, provided that the
discharger is in full compliance with all requirements of the
permit, waiver or order and other applicable laws and
regulations, and provided that written approval has been
granted by the Director of Public Works or his/her designee
for any discharge to the storm drain system.
2. Prohibition of Illicit Connections
a.The construction, use, maintenance or continued existence
of illicit connections to the storm drainage system is
prohibited
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b. This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether
the connection was permissible under law or practices
applicable or prevailing at the time of connection.
c. A person is considered to be in violation of this Ordinance
if the person connects a line conveying sewage to the storm
drainage system or allows such a connection to continue.
F. Suspension of Storm Drainage System Access
1. Suspension Due to Illicit Discharges In Emergency Situations
The Director of Public Works or his/her designee may, without
prior notice, suspend storm drainage system discharge access to a
person or entity when such suspension is necessary to stop an
actual or threatened discharge which presents or may present
imminent and substantial danger to the environment, or to the
health or welfare of persons, or to the storm drainage system or
waters of the United States. If the violator fails to comply with a
suspension order issued in an emergency, the City may take such
steps as deemed necessary to prevent or minimize damage to the
storm drainage system, water of the United States, or to minimize
danger to persons.
2. Termination Due to the Detection of Illicit Drainage
Any person discharging to the storm drainage system in violation
of this Ordinance may have their access terminated if such
termination would abate or reduce an illicit discharge. The City
will notify a violator of the proposed termination of its storm
drainage system access. The notifications will be in accordance
with Section 12.13.6.L of this Ordinance as specified below.
Deleted:
13
G. Industrial or Construction Activity Discharges
Any person or persons subject to an industrial or construction activity
TPDES storm water discharge permit shall comply will all provisions of
such permit. Proof of compliance with said permit will be required in a
form acceptable to the City prior to the allowing of discharges to the storm
drainage system.
H. Monitoring of Discharges
1. Public Works representatives? shall be allowed to enter and inspect
permitted facilities subject to regulation under this Ordinance as
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often as may be necessary to determine compliance. If a
discharger has security measures in force, which require proper
identification and clearance before entry into its premises, the
discharger shall make the necessary arrangements to allow access
to representatives of Public Works.
2. Facility operators shall allow Public Works representatives? ready
access to all parts of the premises for the purpose of inspection,
sampling, examination and copying of records that must be kept
under the conditions of an TPDES permit to discharge storm water,
and the performance of any additional duties as defined by state
and federal law.
3. Public Works? representatives shall have the right to set up on any
permitted facility such devices as are necessary in the opinion of
the authorized enforcement agency to conduct monitoring and/or
sampling of the facility?s storm water discharge.
4.Public Works has the right to require the discharger to install
monitoring equipment as necessary. The facility?s sampling and
monitoring equipment shall be maintained at all times in a safe and
proper operating condition by the discharger at its own expense.
All devices used to measure storm water flow and quality shall be
calibrated to ensure their accuracy.
5. Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly
removed by the operator at the written or oral request of the
Director of Public Works or his/her designee and shall not be
replaced. The costs of clearing such access shall be borne by the
operator.
6. Unreasonable delays in allowing Public Works? representatives
access to a permitted facility is a violation of a storm water
discharge permit and of this Ordinance. A person who is the
operator of a facility with a TPDES permit to discharge storm
water associated with industrial activity commits an offense if the
person denies Public Works? representatives reasonable access to
the permitted facility for the purpose of conducting any activity
authorized or required by this Ordinance.
7. If Public Work?s representatives have been refused access to any
part of the premises from which storm water is discharged, and
he/she is able to demonstrate probable cause to believe that there
may be a violation of this Ordinance, or that there is a need to
inspect and/or sample as part of a routine inspection and sampling
program designed to verify compliance with this Ordinance or any
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order issued hereunder, or to protect the overall public health,
safety, and welfare of the community, then the Public Works
representative may seek issuance of a search warrant from any
court of competent jurisdiction.
I. Requirement to Prevent, Control and Reduce Storm Water Pollutants by
the Use of Best Management Practices
The City will adopt requirements identifying Best Management Practices
(BMPs) for any activity, operation, or facility, which may cause or
continue to contribute to pollution or contamination of storm water, the
storm drain system, or waters of the U.S. The owner or operator of a
commercial or industrial establishment shall provide, at their own
expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the storm drainage system or watercourses
through the use of these structural and non-structural BMPs. Further, any
person responsible for a property or premises, which is, or may be, the
source of an illicit discharge may be required to implement, at said
person?s expense, additional structural and non-structural BMPs to prevent
the further discharge of pollutants to the storm drainage system.
Compliance with all terms and conditions of a valid TPDES permit
authorizing the discharge of storm water associated with industrial
activity, to the extent practicable, shall be deemed compliant wit the
provisions of this section. These BMPs shall be part of a Storm Water
Pollution Prevention Plan (SWPPP) as necessary for compliance with
requirements of the TPDES permit.
J. Watercourse Protection
Every person owning a property through which a watercourse passes, shall
keep and maintain that part of the watercourse within said person?s
property free of trash, debris, excessive vegetation, and other obstacles
that would pollute, contaminate, or retard the flow of water through the
watercourse. In addition, the owner shall maintain existing privately
owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function or physical
integrity of the watercourse.
L. Notification of Spills
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation, has information of any known or
suspected release of materials which are resulting or may result in illegal
discharges or pollutants discharging into storm water, the storm drain
system or waters of the U.S., said person shall take all necessary steps to
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ensure the discovery, containment, and cleanup of such release. In the
event of such as release of hazardous materials said person shall
immediately notify emergency response agencies of the occurrence via
emergency dispatch services. In the event of a release of nonhazardous
materials, said person shall notify Public Works in person or by phone or
facsimile no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to the
Director of Public Works within three business days of the phone notice.
If the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment shall
also retain an on site written record of the discharge and the actions taken
to prevent its recurrence. Such records shall be retained for at least three
years from the date of the discharge.
M. Violation, Enforcement, Penalties and Appeals
1. Notification of Violation
Whenever the Public Works representative finds that a person has
violated a prohibition or failed to meet a requirement of this
Ordinance, the authorized enforcement agency may order
compliance by written notice of violation to the responsible person.
If abatement of a violation and/or restoration of affected property
are required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall
further advise that, should the violator fail to remediate or restore
within the established deadline, the work will be done by a
designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
2. Appeal of Notice of Violation
Any person receiving a Notice of Violation may appeal the
determination of the authorized enforcement agency. The notice of
appeal must be received within five (5) business days from the date
of the Notice of Violation. Hearing on the appeal before the
appropriate authority or his/her designee shall take place within
thirty (30) days from the date of receipt of the notice of appeal.
The decision of the municipal authority or their designee shall be
final.
3. Enforcement Measures After Appeal
If the violation has not been corrected pursuant to the requirements
set forth in the Notice of Violation, or in the event of an appeal,
within thirty (30) days of the decision of the representative
upholding the decision of Public Works, then representatives of the
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City may enter the subject?s private property and are authorized to
take any and all measures necessary to abate the violation and/or
restore the property. It shall be unlawful for any person, owner,
agent or person in possession of any premises to refuse to allow the
Public Works representative or designated contractor to enter upon
the premises for the purposes set forth above.
4.Cost of Abatement of the Violation
Any person violating any of the provisions of this article shall
become liable to the City by reason of such violation beginning on
st
the 1 day following discovery of the violation. Within thirty (30)
days after abatement of the violation, the owner of the property
will be notified of the cost of abatement, including administrative
costs. The property owner may file a written protest in the City
Secretary?s Office objecting to the amount of the assessment
within five (5) business days. The written protest shall be
addressed by the City Council within 30 days. If the amount due is
not paid in full within 60 days from the notification of the cost of
abatement the charges may become a special assessment against
the property and shall constitute a lien on the property for the
amount of the assessment.
5. Injunctive Relief
It shall be unlawful for any person to violate any provision or fail
to comply with any of the requirements of this Ordinance. If a
person has violated or continues to violate the provisions of this
Ordinance, the City may petition for a preliminary or permanent
injunction restraining the person from activities which would
create further violations or compelling the person to perform
abatement or remediation of the violation.
6. Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of the
provisions of this Ordinance is a threat to public health, safety and
welfare, and is declared and deemed a nuisance, and may be
summarily abated or restored at the violator?s expense, and/or a
civil action to abate, enjoin, or otherwise compel the cessation of
such nuisance may be taken.
N. Remedies Not Exclusive
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The remedies listed in this Ordinance are not exclusive of any other
remedies available under any applicable federal, state or local law and it is
within the discretion of the City to seek cumulative remedies.
Sec. 21.13.7 Waivers and Amendments
A. General
The City Manager or his/her designee may authorize waivers from the
provisions of this Article when, in his/her opinion, undue hardship will
result from requiring strict compliance. In granting a waiver, the City
Manager shall prescribe only conditions that he/she deems necessary or
desirable to the public interest. In making his/her findings, the City
Manager shall take into account the nature of the proposed use of the land
involved and existing uses of land in the vicinity, the number of persons
who will reside or work in the proposed subdivision, and the probable
effect of such waivers upon the public health, safety, convenience, and
welfare in the vicinity. Waivers shall not be granted unless the City
Manager finds:
1. That the granting of the waiver will not be detrimental to the public
health, safety, or welfare, or injurious to other property in the area,
and will not violate any applicable law or ordinance of any
regulatory entity; and
2. Waivers may be granted only when in harmony with the general
purpose and intent of this UDC so that the public health, safety,
and welfare may be secured and justice done. Such findings of the
City Manager, together with the specified facts upon which such
findings are based, shall be incorporated into the official records of
any related permit for which such waiver is granted.
B. The City Manager may establish a time period for execution of each
granted waiver.
C.Any decision of the City Manager or his/her designee regarding waivers to
the provisions of this Article may be appealed to the City Council. When
considering an appeal, the City Council shall consider the same standards
as the City Manager as outlined above.
D. The City Manager or his/her designee is hereby granted authority to
amend, supplement, change, modify, or repeal the text of any portion of
the Public Works Specifications Manual in order to establish and maintain
appropriate standards for development and use of property within the
City?s corporate limits and extraterritorial jurisdiction in accordance with
Section 21.1.4.
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Article 13 ? Land Disturbing Activities and Drainage
Schertz Unified Development Code
End of Article 13
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