HomeMy WebLinkAboutORD 2014-103 - UDC Water Quality StandardAMENDINGAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
• • OF ! OF UNIFIED
DEVELOPMENT CODE! TO WATER QUALITY
RECHARGESTANDARDS FOR PROPERTY LOCATED OVER THE EDWARDS AQUIFER
• AND ITS
EXTRATERRITORIAL! •CONFLICTING
ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE,
WHEREAS, on December 20, 2013, the City Council of the City of Georgetown, Texas,
adopted Ordinance i'' • establishing additional -t for property located over the
Edwards Aquifer Recharge
jurisdiction ("ETJ") to Ouard the stream and spring
formations of the EARZ, and protect
water auality ("Water Quality Regulatio
.+•
Ordinance 2013-59 established • t a. •: minimal disturbance
zones around Georgetown Salamander habitat sites identified by the United States Fish and
Wildlife and buffer zones• • all springsi' streams, as well as
improved quality by + the percentage of • suspended solids removalfrom
80%
+ e � • to 85%1-1 +
a •. .• '1 , L .. it .•.•. • •.
threatened species; and
WHEREAS, USFWS is currently in the process of developing . rspbe attached to the threatened listing and is expected to be finalized by the end of calendar year
ecial Rule that will
WHEREAS, it is the intent of • incorporate the City's Water Quality
imposingRegulations pertaining to the identified habitat sites into the proposed 4(d) special Rule, and
WHEREAS, Chapter 83 of the Texas Parks and Wildlife Code limits government entities
from rules and regulations
ability to enforce the sectionsof Ordinance pertaining to the identified habitat
t
WHEREAS, the City wishes to continue to protect water quality and safeguard the stream
and spring formations of the EARZ within its jurisdiction in accordance with State Law; and
ORDINANCE NO. CY Ql - 10 S PAGE 1 OF 3
DESCRIPTION: WATER QUALITY REGULATIONS FOR THE EARZ
DATE APPROVED;
WHEREAS, on March 11, 2003, the City Council of the City of Georgetown, Texas,
adopted a set of comprehensive development regulations known as the Unified Development
Code ("UDC") via Ordinance No. 2003-16 which codified various zoning and subdivision
standards; and
WHEREAS, the City Council established a UDC Advisory Committee on November 12,
2013, to review proposed or requested amendments to the UDC other than executive
amendments which are those amendments that are nondiscretionary, mandatory, or
legislative revisions to address state statutes or case laws, ratify published directors
determinations, incorporate recently approved Council ordinances, process City Council
designated emergency items, or address revisions otherwise determined necessary by legal
I
76IRMT-410711
WHEREAS, the City Council adopted Resolution 102814-D on October 28, 2014,
designating the amendment to the UDC relating to water quality regulations as a legislative
revision to address state statutes; and
WHEREAS, by City Council declaring this amendment relating to water qualARA
regulations as a legislative revision to address state statutes, it will be processed as an execu
amendment that is not reviewed by the UDC Advisory Committee; and
WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on the
,iraft amendment at their November 18, 2014 regular scheduled meeting, and recommended
?pproval of the amendment to the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT.
SECTION 1: The facts and recitations contained in the preamble of this Ordinance are her-
•' •
ound and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
Ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive
Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with
any other policies or provisions of the 2030 Comprehensive Plan.
SECTION 2: Ordinance 2013-59, save and except those rules and regulations pertaining to the
habitat sites identified by the USFWS, is hereby codified and made a part of the adopted UDC.
SECTION 3: Portions of the UDC are hereby amended as described in EXHIBIT A.
ORDINANCE NO. C) 101 L(- I 9-S PAGE 2 OF 3
DESCRIPTION: WATER QUALITY REGULATIONS FOR THE EARZ
DATE APPROVED:/)
SECTION 4: All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 5: If any provision of this Ordinance, or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are hereby declared to be
severable.
SECTION 6- The Mayor is hereby authorized tosign this Ordinance and the City Secretary to
attest. This Ordinance shall become effective on the effective date of the USFWS proposed 4(d)
special Rule for the Georgetown Salamander (Federal Register Vol. 79, No. 36).
I
APPROVED on First Reading this day of MV 2011
ck4
ENFUM
Je�sic�Brettle, City Secretary
By:
Bridget Chapman, ity Lorney
Dale Ross, Mayor
ORDINANCE NO. C?:0jq - j 0% PAGE 3 OF 3
DESCRIPTION: WATER QUALITY REGULATIONS FOR THE EARZ
DATE APPROVED: :Mi�-&M= q,"� i
7-
Chapter 2 Review Authority
Q,ection 2.01 General
FT =
Variance [water quality regulations I1.:!�DM> A
(Section 11.07.003
R — Review or Recommendation DM — Decision Making Authority A — Appeal Authority
< > - Public Hearing
The Planning and Zoning Commission has the following powers and duties as described in this
Code:
6. Variance from the floodplain, water qualfty regulations (Section 11.07.0031—and
stormwater regulations of this Code if the Variance is not contrary to the public interest
and, due to special conditions, a literal enforcement of this ordinance would result in
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ORDINANCE NO.
DESCRIPTION: WATER QUALITY REGULATIONS FOR THE EARZ Exhibit A
DATE APPROVED: Page I of 10
unnecessary hardship, and so that the spirit of the ordinance is observed and substantial
justice is done.
MERTUM"ITAYI�M
3. Hear and decide an appeal that alleges error in an order, requirement, decision or
determination made by an Administrative Official in the enforcement of Section 11.07 of
this Code.
MEM��M
■
MMRMKT
ME ■
The regulations of this Section a1212ly to all property within the corporate limits of theCiand
its extraterritorial Jurisdiction ("ETT"), to the extent allowable by State law, located within the
recharge zone of the Edwards Aquifer, as that term is defined in Title 30, Texas Administrative
Code §213.3 and §213.22. Property within the Edwards Aquifer Recharge Zone ("EARZ,") is
determined by the most current official map of the relevant zone located in the Texas
Commission on Environmental Quality office for Region 11.
The following words and phrases, when used in this Section, shall have the meanings
respectively ascribed to them in this subsection, except when the context otherwise requires:
Bank (of a stream). The ordinary high water mark of a stream, not the floodplain boundaries,
determined by the aj2propriate authority.
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ORDINANCE NO.
DESCRIPTION: WATER QUALITY REGULATIONS FOR THE EARZ Exhibit A
DATE APPROVED: Page 2 of 10
Development Engineer. A professional engineer licensed by the State of Texas and designated
to serve in the capacity of the Development Engineer for duties specified in the City Code of
Geologic Assessment. A report prepared by a geologist pursuant to Title 30, Texas
Administrative Code §213.5 and containing the additional information required by this Section.
Geologist. A licensed professional geoscientist who has training and experience in ground
water hydrology and related fields that enable that individual to make sound -professional
Judgments regarding the identification of sensitive features, such as springs and streams.
Licensed Professional Geoscientist. A geoscientist who maintains a current license through the
Texas Board of Professional Geoscientists in accordance with its requirements for professional
practice.
FrIMMIMIM MmRaw ma#
Cobb Well, Cobb Springs, Cowen Creek Spring, Bat Well Cave, Walnut Spring, Twin Spring,
jLozz Hollow Sprine, Cedar Hollow Sprinz Knieht (Crockett Garden) Sj2ring, Cedar Breaks
•IMU a =0 W.,
a I 1 .19-0 ja
of the Occupied Sites are shown on the map incorl2orated below.
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ORDINANCE NO.
DESCRIPTION: WATER QUALITY REGULATIONS FOR THE EARZ
DATE APPROVED:
Exhibit A
Page 3 of 10
Recharge Zone. That portion of the City and its ETT that overlays the EARZ as defined in Title
30, Texas Administrative Code X213.3, as may be amended,
Regulated Activity. Shall have that meaning ascribed to it by Title 30, Texas Administrative
Code §213.3(28), as may be amended.
Spring. Any natural setting or location where ground water flows to the surface of the earth
from underground freciuentiv enouh to suvvort spring; associated vegetation such as ferns,
watercress and TexasjgdZe.
Stream. A flow of surface water sufficient to produce a defined natural channel or bed. A
defined natural channel or bed is an area that demonstrates clear evidence of the passage of
water.
1. A Spring Buffer is established within 164 feet (or 50 meters) of the approximate center of
a Spring outlet in the EARZ that is identified in a Geologic Assessment. The Spring
Buffer shall not include Pre-existing dev2ment.
following and subject to the stated restrictions:
a. Properly permitted maintenance of existing improvements;
c. Fences above the normal high water mark of a Stream if such fences comply with
applicable floodplain regulations;
limited to trails, benches, trash cans and get waste facilities; provided that trails shall
not be located within the ordinary high water mark of a stream and shall be limited
to trails for walking, jogging and non -motorized biking; and
e. Wastewater infrastructure installed roughly parallel to a stream provided that such
infrastructure is installed on the side of the stream opposite the Spring and is
installed no closer than 25 feet from the Bank of the Stream; provided that
wastewater infrastructure shall not cross a Stream associated with a Spring within
the Spring Buffer.
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ORDINANCE NO.
DESCRIPTION: WATER QUALITY REGULATIONS FOR THE EARZ Exhibit A
DATE APPROVED: Page 4 of 10
1. A Stream Buffer is established for all Streams in the EARZ that is identified in a Geologic
Assessment. The boundaries of the Stream Buffer are as follows:
a. For Streams draining more than 64 acres and less than 320 acres, the boundaries of
the Stream Buffer coincide with the boundaries of the FEMA 1% floodplain or a
calculated 1% floodplain, whichever is smaller. In the absence of a FEMA floodplain
and a calculated floodplain, the Stream Buffer under this subsection (a) shall be a
minimum of 200 feet wide with at least 75 feet from the centerline of the Stream.
If a property owner only controls one side of a Stream, then the minimum buffer
shall be 100 feet from the centerline of a Stream, or along the FEMA 1% floodplain or
a calculated 1% floodplain, if available.
b. For Streams draining more than 320 acres but less than 640 acres, the boundaries of
the Stream Buffer coincide with the boundaries of the FEMA 1% floodplain or a
calculated 1% floodplain, whichever is smaller. In the absence of a FEMA floodplain
and a calculated floodplain, the Stream Buffer under this subsection (J2) shall be a
minimum of 300 feet wide with at least 100 feet from the centerline of the stream.
If a 12rol2er!y owner only controls one side of a Stream, then the minimum buffer
shall be 150 feet from the centerline of a Stream, or along the FEMA 1% floodplain or
a calculated 1% floodplain, if available.
F111111,• UVER
with the boundaries of the FEMA 1% floodplain or a calculated 1% floodplain,
whichever is smaller. In the absence of a FEMA floodplain and a calculated
floodplain, the Stream Buffer under this subsection (c) shall be a minimum of 500
feet wide with at least 200 feet from the centerline of the stream.
a calculated 1% floodplain, if available.
a. Properly permitted maintenance of existing improvements;
b. Scientific monitoring of water qualityj
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ORDINANCE NO.
DESCRIPTION: WATER QUALITY REGULATIONS FOR THE EARZ Exhibit,A
DATE APPROVED: Pages of10
c. Fences above the normal high water mark of a Stream if such fences comply with
applicable floodplain regulations; and
d. The construction of the following improvements, subject to the stated restrictions:
L Wastewater facilities, provided that wastewater utilities shall not be located
below the normal high water elevation within the channel of a stream except at
crossings of a stream
ii. Underground utilities other than wastewater facilities provided that such
underground utilities may only be installed at Stream crossings, or at intervals
no closer than 400 feet apart,
iii. Parks and open space development limited to trails, benches, trash cans and12et
waste facilities; provided that trails shall not be located within the ordinary high
water mark of a Stream and shall be limited to trails for walking, -jogging and
non -motorized bikinZ.
iv. Water quality or flood control systems, provided that measures are taken in the
construction of such water quality or flood control systems to minimize the
impact to the Stream Buffer;
v. Public projects that enhance or recharge the Edwards Aquifer, provide flood
prevention, and similar capital improvements;
ill''i 111111�11p��111 ummimm
vii. Arterial, collector and local residential streets crossing a Stream 12rovided that:
by arterial streets;
be crossed by arterial and collector streets;
Ly- 0 _9=0 no " r1ww
collector, or local residential streets; and
dol -• fire code regulations, is exeMt from this subsection.
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ORDINANCE NO.
DESCRIPTION: WATER QUALITY REGULATIONS FOR THE EARZ Exhibit A
DATE APPROVED: Page 6 of 10
Q. All Spring and Stream Buffers, as described herein, shall be shown on all plats, Site Plan and
infrastructure construction plans, to include Stormwater Permits and Building Permits
when applicable.
1. The Spring Buffer and Stream Buffer requirements of Section 11.07.003 do not q12121Y to
an Occupied Site as this term is defined in this Section. Regulated Activity on a tract of
land with an Occupied Site, or within 984 feet (or 300 meters) of an Occupied Site, shall
follow the rules and regulations of Section 17.43 of the Code of Federal Regulations.
2. In the event that the owner of proper iy ol2ts to request a variance from the conservation
measures of Section 17.43 of the Code of Federal Regulations to the Adaptive
Management Working Group, it shall be the responsibility of the owner of property to
submit to the City of Georgetown revised 121ans in accordance with the results of the
variance request;
E. Variances
from the sPring and/or stream buffer requirements of this subsection to thg Elarmin
and Zoning Commission. I
ff�-M
Any person aggrieved by an administrative decision 12ertaining to this subsection tray
appeal to the Planning and Zoning Commission in accordance with Section 3.14 of this
Code.
1. Permanent structural water qualijy controls for a project shall remove eighty-five
percent (85%) of total suspended solids for the entire project and shall be certified hy a
licensed professional engineer.
2. No Regulated Activity shall cause any increase in the developed flow rate for the 2::year,
3 -hour storm;
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ORDINANCE NO.
DESCRIPTION: WATER QUALITY REGULATIONS FOR THE EARZ Exhibit A
DATE APPROVED: Page 7 of 14
3. All development projects, including, but not limited to, individual home sites, shall
implement temporary BMPs to minimize sediment runoff.
4. New roadways or expansions to existing roadways that provide a capacity of 25,000
vehicles per day that are located on the Recharge Zone shall Provide for spill
containment as described in the Optional Enhanced Measures of the Edwards Aquifer
Protection Program.
5. All permanent BMPs with an overt physical presence shall have signage that clearly
identifies the purpose of the permanent BMP and the tarty responsible for maintenance.
C. Maintenance plans for permanent BMPs shall be recorded in the Official Records of
Williamson County.
A. The owner of property who submits a development q121-2lication for a Regulated Activity on
a tract of land located over the EARZ shall submit a Geologic Assessment with the Plat
armlication.
B. In the event that the subJect property was platted prior to December 9, 2014, or meets the
Plat exceptions of this Code, a Geologic Assessment shall be submitted with the first
required development application for the Regulated Activity. Development applications
includeConstruction Plans, Site/Construction Plans, Stormwater Permits, and Building
Permits (only single-family and two-family residential on a tract of land that meets the Plat
exceptions of this Code).
Administrative Code Additionally, the Geologic Assessment must:
Streams exist on the subject proj2egy;
2.
t- s- any Spring andjor Stream on the sub-ject proper!y, including determining
locafion of any S12ring outlet or Stream; 1
WR
'M lull,
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ORDINANCE NO.
DESCRIPTION: WATER QUALITY REGULATIONS FOR THE EARZ Exhibit A
DATE APPROVED: Page 8 of 10
consistent with the accepted Geologic Assessment. Any deviations will result in the need to
submit an updated Geologic Assessment prior to final approval of the application.
F. Exemptions.
1. A Geologic Assessment shall not be required for Regulated Activity that meets all of the
following criteria:
a. Proposed development is single-family residential or two-family residential; and
b. Subject property is located on an individual lot that is less than 5 acres; and
c. Subdivision (to include replat) is 5 lots or less, and no more than 5 gross acres; and
d. Subject proper!y is located within a drainage area that is less than 64 acres.
2. Regulated Activity that meet all of the criteria above must submit with the required
development application a letter signed by a professional Engineer certifying the
drainage area and identiWng any Springs on the subject property. In the event that
Springs exist, the project Engineer must identify applicable buffers on the plans.
A. The owner of property who submits a development application for a Regulated Activity on
a tract of land located over the EARZ shall submit an Acknowledgement Form in
accordance with the provisions of this subsection.
B. The owner of property shall through a completed Acknowledgement Form, acknowledge
and certify the following:
Practices regulations of this Section; and
or has a Springs or Stream located more than 984 feet from an Occupied Site; and
3. The Regulated Activity, as submitted, complies with the rules and regulations of the
Code of Federal Regulations or this Section, as applicable.
C. A completed, signed and notarized Acknowledgement Form shall be submitted with the
Plat, Construction Plan, Site/Construction Plan, Stormwater Permit, and Building Permit
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ORDINANCE NO.
DESCRIPTION: WATER QUALITY REGULATIONS FOR THE EARZ Exhibit A
DATE APPROVED: Page 9 of 10
(single-family and two-family residential on a tract of land that is exempt from the Plat
requirements of this Code) applications.
Acknowledgement Form is not completed, signed and notarized.
V- NM
sub.paragra,ph (A) above, the director or his/he designee shall provide a col2y of the
Acknowledgement Form to the Williamson County Conservation Foundation Adal2tive
Management
• Group.
A. The City shall adopt a Water Quality Management Plan for all areas within the Recharge
Zone. Such management practices will include, but not be limited to, public education and
outreach, hazardous waste education, integrated pest management, illicit discharge
detection and elimination, construction -site storm -water runoff control, post -construction
storm -water management, and pollution prevention for municipal operations including
Cily and County maintenance activities in the ETI.
B. The City's adopted Storm Water Management Plan, as amended, shall serve as the Water
Qualitv Management Plan for purposes of this Section, unless stated otherwise.
11IRWA111L. - $1 1 1 1 1
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Conservation Foundation to review data • a rejilag •. and make recommendations for
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of the Code of Federal Regulations. The City Manner will appoint two Citv emploYees with
appropriate technical expertise in the fields of planning d development and system
engineering as members to the Adaptive Management Working, Group. The efforts of the
Adg,ptive Management Working Groug will be led by the Williamson Coun.1y Conservation
Foundation staff.
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ORDINANCE NO.
DESCRIPTION: WATER QUALITY REGULATIONS FOR THE EARZ Exhibit A
DATE APPROVED: Page 10 of 10