Ordinance 13-M-12 - Amending UDC - Article 13ORDINANCE NO. 13-M-12
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AMENDING THE CODE OF
ORDINANCI+aS, 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
March 27, 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 deteiYnined 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
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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provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions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.
SECT-ION 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 provisian to other persons and circumstances shall nevertheless be valid, and the City
hereby declazes 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 Gover7rment Code.
SECTION VII
This Ordinance shall become effective August 1, 2013 and will apply to all final
subdivision plats approved on or after that date.
PASSED, APPROVED AND ADOPTED ON FIRST AND FINAL READING, the lbt~'
day of April, 2013.
CIT AS
Mayor, Michael R. Carpenter,
nda Dennis, City Secretary
(SEAL OF CITY)
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EXHIBIT A
CODE OF ORDINANCES, PART III, UNIFIED DEVELOPMENT CODE,
ARTICLE I3 -LAND DISTURBING ACTIVITIES AND DRAINAGE
Article l3 -Land Disturbing Activities and Drainage
Schertz Unified De~elopmeut Code
Article 13 Land Disturbing Activities and Drainage
Sec. 2113.1 Clearing and Grading
A. No removal of trees, land clearing andlor grading activities shall occur
without the required approvals and permits including but not limited to the
Grading and Clearing Pei~nit 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 Depazlment 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.
G The following shall be exempt fiom 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
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 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.
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The intent of the Construction Storm Water Marra ement Ordinance ("this
Ordinance") is to provide for the health, safety, and general welfare of the
citizens of the City of Scheitz ("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 inteapreted 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 fiom 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.
F. Permits
1. No person shall 6e granted a Grading and Clearing Permit,
Development Permit or Conshuction 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 notif ed 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 f lls,
and 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 film, 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 $1,000lacre 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 SS% coverage of all disturbed areas with approved
vegetation is accomplished as deteirnined by the Director of Public
Works or his/her designee.
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H. Review and Approval
1. Engineering/Public Works will review each application far 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 pei~nit
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 of temporary erosion and sediment
control measures, and establishment of permanent
vegetation.
c. All erosion and sediment control measures necessary to
meet the objectives of the City's regulations throughout all
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phases of construction and after completion of development
of the site. Depending upon the complexity of the project,
the drafting of intei7nediate 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 pezxnit
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
txansportation 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 Qrdinance, 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.
4. Phasing is strongly recommended and may be required on sites
disturbing greater than 15 acres, with the size of each phase to be
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established at plan review and as approved by Engineering and
Public Works.
5. Erosiorr 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 Works may require the site to be reseeded or a non-
vegetation option employed.
c. Special techniques required other than design criteria
outlined in UDC for steep slopes or in drainage ways shall
be used to ensure stabilization, and approved by the City
Engineer.
d. Soli 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.
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 hislher 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 measure.
c. Completion of site clearing.
d. Completion of rough grading.
e. Completion of final grading.
f. Close of the constructian season.
g. Completion of final landscaping.
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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
measwe. 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 Pu61ic Works or his/rrer 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 properly or
improvements in the neighborhood, the City Engineer or Director
of Public Works or his/her designees at the time interval specif ed
in the approved perrr~it may issue a Stop Work Order ar 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
corparation shall be punished by a fined a minimum amount of not
less than two hundred dollars ($200.00) per violatian and a
ma:cimum amount of not more than two thousand dollars
($2,000.00) per violation. In addition, any other penalty authorized
by this section, any person, partnership, or corporation convicted
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Scheriz Unrfied Develo ment Code
of violating any of the provisions of this Ordinance shall be
required to bear the ea~pense 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
Tf the City Engineer or the Director of Public Works determines
that an applicant or other responsible person has failed to comply
with the terns and conditions of a permit, approved Grading Plan,
or the provisions of this Ordinance, it shall issue a written notice of
violation to such applicant Qr 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.
£ 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
the notice of violation (except, that in the event the
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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 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 Damatre 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 ahd 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 flaodplains.
£ Help maintain a stable tax base 6y providing for the sound
use and development of flood-prone areas in such a manner
as to minimize future flaad 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.
c. Control the -alteration of natural floodplains, stream
channels, and natural protective barriers, which are
involved in the accommodation of flood waters.
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d. Control filling, grading, dredging and other development
which may increase flood damage.
e. Prevent or regulate the conshuction of flood bai7iers which
will unnaturally divert flood waters or which may increase
flood hazards to other lands.
B. Definitions
Unless specifically defined below, 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 landfarm 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 landfoi7n 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 Flaod 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
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, Al-30,
AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, ARIA, VO, V1-30, VE or V.
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-BASE FLOOD -means the flood having a 1 percent chance of being equaled or exceeded
m 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 (FIRtI~I) and found in the accompanying Flood Insurance Study (FIS)
for Zones A, AE, AH, Al-A30, AR, Vl-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 st~ucttues, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING -- means, far insurance purposes, anon-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, st~~actures
for which the "start of construction" commenced before the effective date of the FIRiVI or
before January 1, 1975, for FIRttiIs 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
facilities for servicing the lots on which the manufactured homes are to be off xed
(including the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).
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FLOOD or FLOODING - means a general and temporary condition of partial or
complete inundation of noxmally dry Iand 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 deteiYrtination 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 terra describes such state or loco! 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 str~ectural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their
contents.
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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
ptupose 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-tern storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE -means the highest natural elevation of the ground
surface prior to construction nett to the proposed walls of a structure.
HISTORIC STRUCTURE -means any structure that is:
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 detei7nined 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 wifih
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-wade 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,
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.
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LOWEST FLOOR -means the lowest floor of the lowest enclosed area (including
basement}. An unfinished ox 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 st>ucture 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 perxrranent
foundation when connected to the required utilities. The term "manufactured Dome" does
not include a "xecreational 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 (NAND) 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 detenrrining 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 ar 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 indushial
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
to be self-propelled or permanently towable by a light duty truck; and (iv) designed
primarily not far use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, ox seasonal use.
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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 const>uction 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, ar other shuchual 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 (SO%) 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
exceeds 50 percent of the market value of the structure as of the effective date of this
Ordinance. This term includes strructures 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
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state or local health, sanitary, or safety code specif cations 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 sti~acture", 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)(S}, (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 (NAND) of 1958 (or other datum, where specified}, of floods of various
magnitudes and fiequencies in the floodplains of coastal or riverine areas.
C. General Provisions
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 far 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) far
{Guadalupe County Texas and Incorporated Areas Volume 1 &
~," dated {November 2, 2007}, with accompanying Flood
Insurance Rate Maps and/or Flood Boundary-Floodway Maps
(FIRM andlar 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 Pei7nit
A FIoodplain Development Permit shall be required to ensure
confartnance with the provisions of this Section.
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4. Compliance
No structure or land shall hereafter be located, altered, or have its
use changed without fiill 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 xeguiatory 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
pei~nitted 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
(Emergency Management and Assistance - National Flood
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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 6e 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 fiom 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 Adminishator shall make the necessary
interpretation.
£ 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
any base flood elevation data and floodway data available
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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 6e permitted within
Zones Al-30 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, 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 bS.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 shucture shall be flood-proofed.
iii. A certificate from a registered professional engineer
or architect that the non-residential floodproafed
structure shall meet the flood-proofing criteria of
Section 21.13.3.E.2.b.
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iv. Description of the extent to which any watercourse
or natural drainage will 6e 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 an 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.
c. The Floodplain Administrator may grant a waiver to certain
submirtal requirements, within the specified area shown on
Exhibit A, for new construction and substantial
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improvements to be erected on a lot of/2 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 maybe deemed negligible.
4. Variance Procedures
a. The Appeal Board, as established by the community, shall
hear and render judgment on requests for variances fiom
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.
£ 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
necessary to further the purpose and objectives of this
Section {Section 21.13.3.A.3).
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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 structzlre'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:
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 detei~nination 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 fiom 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.
E. Provisions for Flood Hazard Reduction
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1. General Standards
In all areas of special flood hazards the following provisions are
required far 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
constucted with electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities
that are designed andlor 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.
£ New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system and discharge fiom 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. Specifc 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:
a. Residential Construction -new construction arrd substantial
improvement of any residential shucture shall have the
lowest floor (including basement), elevated to or above the
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base flood elevation plus 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 Construction - new construction and
substantia! improvements of any commercial, industrial or
other non-residential sh•ucture shall either have the lowest
floor (including basement) elevated to or above the base
flood level plus fieeboard or together with attendant utility
and sanitary facilities, be designed so that below the base
flood level the structure is watertight with walls
substantially impermeable to the passage of water and with
structura! 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,
specifcations, 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 certif cation which
includes the specif c elevation (in relation to mean sea
level) to which such structures are flood-proofed shall be
maintained by the Floodplain Administrator.
c. Enclosures - new 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.
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
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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, manufactured homes must be elevated
and anchored to resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but
are not limited to, use of aver-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 Al-30, AH,
and AE on the community's FIRM on sites {1)
outside of a manufactured home park or
subdivision, {2} in a new manufacbued 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 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
Al-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:
(a) The lowest floor of the manufactured home
is at or above the base flood elevation, or
(b) The manufactured home chassis is supported
by reinforced piers ar other foundation
elements of at least equivalent strength that
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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 Al-30, AH, and AE on the
community's FIRM be fully licensed, have current motor
vehicle inspection certificate, state registration, is operable
and xeady 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 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
or Section 21.13.3.D.2.h of this Ordinance.
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}
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Located within the areas of special flood hazard established in
Section 21.13.3.C.2, are areas designated as shallow flaading.
These areas have special flood hazards associated with flood
depths of 1 to 3 feet where a cieariy 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
residential structures have the lowest floor (including
basement) elevated to or above the base flood elevation.
b. All new construction and substantial improvements of non-
residential structures;
i. have the lowest floor (including basement) elevated
to or above the base flood elevation, 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 in an AH Zone, the st~•ucture is watertight
with walls substantially impe~•rneable to the passage
of water and with structural components having the
capability of resisting hydrostatic and hydro-
dynamic Loads of effects of buoyancy.
A registered professional engineer or architect shall submit
a certification to the Floodplain Administrator that the
standards of this Section, a5 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.
Floodways
Lands located within areas of special flood hazard established in
Sectian 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 cai7y 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
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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.S.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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Sec. 21.13.4 Drains
A. Applicability. The provisions of this Article shall apply to any Capital
Improvement Project, application for Subdivision Plat, Master
Development Plan, Site PIan, Grading and Clearing Permit, ar 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 atwenty-five-year storm. Facilities with drainage areas
over one hundred (100) acres or any part of which is within
a SFHA shall be designed fora 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 far
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 (2) above, to
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detei7nine 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 fire 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 Qverflow 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.
£ 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 awned 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 cun•ent 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 sto~xr~ 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 6e 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 stotYn water away fiam 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 (IS) 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 resh•ictions:
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 Floadplain Development Per~rrit 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 ar 120 feet whichever is
greater. Interceptor drains shall be constructed prior to the issuing
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of building pex~xlits 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. Bat7ett, 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,
harselbike/liiking 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.d.B. of this Article.
1. The maximum allowable outflow rate from the detention facility
must be restricted to the flow rate fi~om the undeveloped or existing
development tract far 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 f rst
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 awned 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 far 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.l.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
ecanamic 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 confairn 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 MRCS, 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 sub}ect 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 fiequency
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 sti~acture 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.
2113.5 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
Managexent Plan (SWMP) for the total development area to be ultimately
constructed. The SWMP shall contain alI 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 ox 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 1:•un-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 ~•un-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 develaprnent 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 fiom 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 v~niting 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 6y 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 pei7nit, 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 stoi-~n 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 Stoi7n Water Design Manual
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The City may fui~ish additional policy, criteria, and information including
specifcations 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 an 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 Anon-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 far the permit are installed and maintained by the
permit holder far 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
dete~7nined 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 6y 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 pei7nit 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
infoi7nation is submitted, the City shall have 30 days from the date
the additional infoirnation 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 ail 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
ardinance.
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. Nan-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-structtual
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 stoi7n 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, andlor property.
3. Furthermore, where compliance with minimum requirements for
storm water management is waived, the applicant will satisfy the
minimum requirements 6y 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 stoiYn 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 stoi•~n 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 il~lanager 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 ar 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 6y 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 6e exempt or by waiver, the following
performance criteria shall be addressed for storm water management at all
sites:
1. All site designs shall establish stoi7n 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 stoi7n water i~an-off fiorn
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 unheated 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 {iTSACE} 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
(WQv)•
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. Stoi7n 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 (i\IOI) 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 rnet, 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
StoY7n 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
{. Tei7•ain
7. Head
r
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 stor~-n
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. TreatmentlGeometry Conditions
All stain 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 appraved
storm water management practice.
T. Landscaping Plans Required
All stoi7n 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 tluough 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 far use of non-structural practices must ensure that these
practices are documented and remain unaltered by subsequent property
owners.
W. Stoi7n 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 Iacation 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
stoiYn 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 pex~nit
applications and will include sufficient infoi'rnation (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 fixture, 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 detexxrxine the type of storm water management measures necessary
for the proposed project, and ensure adequate planning for management of
stoi7n water run-off fiom 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 stoi7n 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 patters;
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 stoxlrx
water management measures are capable of controlling tun-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
opporhuuties 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. b'inal Storm Watex Management Tian 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 fiom 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 6y the approved storm water
management plan. The amount of the performance bondlescrow
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.
~. 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 Constructian 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 ox 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 coi~•ective
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 6y 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 follawing criteria shall apply to
revegetation efforts:
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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 peirnit.
~1. In order to file a plat before establishing SS% coverage of
approved vegetation on all land disturbed by construction activity,
a perfoi•~nance bondlescrow 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 pei7nit 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
Maintenance of all stoi•~n 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 stoi~n
water management facility. The covenant shall also include plans
for periodic inspections to ensure proper perfoiYnance 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 alI the requirements of
the Public Works Specifications Manual and the Unifed
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 fiom 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 deteiYnined 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 pei7nit; 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 occurxed, 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 ail
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 corl•ect 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 stoirn water management facility becomes a danger to
public safety ar 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. Native 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
violatian 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
stoi~n 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.
£ 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 atioxneys' fees, court costs, and other
expenses associated with enforcement of this Ordinance, including
sampling and monitoring expenses.
VIM. 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 bylaw,
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.
00. 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 m.ay take necessary con•ective 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
collections 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 stone 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 cant' out all
inspection, suzveillance, 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 ar~d
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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 adapted xules, 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 pei7nit,
certifcate 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 Depal-tment 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-stone 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 ro 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 stoz7n
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. Tei7nination 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 13 of this Ordinance as specified below.
G. Industrial or Construction Activity Discharges
Any person or persons subject to an indushial 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 sto~•rn water,
and the perfoi-~xtance 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 alI 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 Pu61ic Works or hislher designee and shall not be
replaced. The costs of clearing such access shall be borne by the
operator.
6. Um-easonable 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
helshe 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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ordex 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 ol• industrial establishment shall provide, at their awn
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 pelxnit
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.
7. 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 flee 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, ar 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 storln 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 conf rmed 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 fronn 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 retards 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
fu~•ther 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 6e received within five (5) business days from the date
of the Notice of Violation. Hearing an 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
the 1St 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 notifcation 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 fox 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 far 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 ox 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 maybe taken.
N. Remedies Not Exclusive
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The remedies listed in this Qrdinance 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 fiom 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 helshe 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
gz•anted 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 exhaten-itorial jurisdiction in accordance with
Section 21.1.4.
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