CHAPTER 25-8. ENVIRONMENT. SUBCHAPTER A. WATER
December 12, 2012 DRAFTChapter 25-8, subchapter Alegislative formatCHAPTER 25-8. ENVIRONMENT.SUBCHAPTER A. WATER QUALITY.ARTICLE 1. GENERAL PROVISIONS.Division 1. Definitions; Descriptions of Regulated Areas.§ 25-8-1Definitions§ 25-8-2Descriptions of Regulated AreasDivision 2. Applicability; Exemptions; Exceptions.§ 25-8-21Applicability§ 25-8-22Development by City§ 25-8-23Urban Watershed Exemptions§ 25-8-24Condemnation and Accessibility Exceptions§ 25-8-25Special Exceptions§ 25-8-26Redevelopment Exception§ 25-8-27Redevelopment Exception in the Barton Springs ZoneDivision 3. Variances.§ 25-8-41Land Use Commission Variances§ 25-8-42Administrative Variances§ 25-8-43Summary of VariancesDivision 4. Impervious Cover Determinations.§ 25-8-61Applicability§ 25-8-62Net Site Area§ 25-8-63Impervious Cover Calculations§ 25-8-64Impervious Cover Assumptions[§ 25-8-65Roadways]ARTICLE 2.§ 25-8-91§ 25-8-92§ 25-8-93§ 25-8-94WATERWAYS CLASSIFIED; ZONES ESTABLISHED.Waterway ClassificationsCritical Water Quality Zones EstablishedWater Quality Transition Zones EstablishedUplands Zones EstablishedARTICLE 3. ENVIRONMENTAL RESOURCE INVENTORY[ASSESSMENT];POLLUTANT ATTENUATION PLAN.§ 25-8-121Environmental Resource Inventory[Assessment] Requirement§ 25-8-122Hydrogeologic Report§ 25-8-123Vegetation Report§ 25-8-124Wastewater Report§ 25-8-125Pollutant Attenuation PlanARTICLE 4. MANAGEMENT PRACTICES; ENGINEER’S CERTIFICATION.§ 25-8-151Innovative Management Practices§ 25-8-152Engineer’s CertificationARTICLE 5. EROSION AND SEDIMENTATION CONTROL; OVERLANDFLOW.§ 25-8-181Erosion and Sedimentation Control-1TM# 47454
§ 25-8-182§ 25-8-183§ 25-8-184§ 25-8-185§ 25-8-186December 12, 2012 DRAFTChapter 25-8, subchapter Alegislative formatDevelopment CompletionModification of Erosion Control and Construction Sequencing PlansAdditional Erosion and Sedimentation Control Requirements in the BartonSprings ZoneOverland FlowFiscal SecurityARTICLE 6. WATER QUALITY CONTROLS.Division 1. Requirement and Standards.§ 25-8-211Water Quality Control Requirement§ 25-8-212Previous Waivers and Special Exceptions§ 25-8-213Water Quality Control Standards§ 25-8-214Optional Payment Instead of Structural Controls in Urban Watersheds§ 25-8-215Cost Recovery ProgramDivision 2. Maintenance and Inspection.§ 25-8-231Water Quality Control Maintenance and Inspection§ 25-8-232Dedicated Fund§ 25-8-233Barton Springs Zone Operating Permit§ 25-8-234Fiscal Security in the Barton Springs ZoneARTICLE 7. REQUIREMENTS IN ALL WATERSHEDS.Division 1. Critical Water Quality Zone Restrictions.§ 25-8-261Critical Water Quality Zone Development§ 25-8-262Critical Water Quality Zone Street CrossingsDivision 2. Protection for Special Features.§ 25-8-281Critical Environmental Features§ 25-8-282Wetland ProtectionDivision 3. Construction on Slopes.§ 25-8-301Construction of a Roadway or Driveway§ 25-8-302Construction of a Building or Parking Area§ 25-8-303Subdivision Notes§ 25-8-304ApplicabilityDivision 4. Clearing.§ 25-8-321Clearing of Vegetation§ 25-8-322Clearing for a Roadway§ 25-8-323Temporary Storage Areas; Topsoil ProtectionDivision 5. Cut, Fill, and Spoil.§ 25-8-341Cut Requirements§ 25-8-342Fill Requirements§ 25-8-343Spoil DisposalDivision 6. Other Restrictions.§ 25-8-361Wastewater Restrictions§ 25-8-362Storm Sewer Discharge§ 25-8-363Blasting Prohibited§ 25-8-364Floodplain Modification§ 25-8-365Interbasin Transfer-2TM# 47454
December 12, 2012 DRAFTChapter 25-8, subchapter Alegislative formatARTICLE 8. URBAN WATERSHED REQUIREMENTS§ 25-8-371Applicability; Compliance§ 25-8-372Uplands ZoneARTICLE 9[8]. SUBURBAN WATERSHED REQUIREMENTS.§ 25-8-391Applicability; Compliance[§ 25-8-392 Critical Water Quality Zone§ 25-8-393Water Quality Transition Zone]§ 25-8-392[394]Uplands Zone§ 25-8-393[395]Transfer of Development IntensityARTICLE 10[9]. WATER SUPPLY SUBURBAN WATERSHEDREQUIREMENTS.§ 25-8-421Applicability; Compliance[§ 25-8-422 Critical Water Quality Zone]§ 25-8-422 [423]Water Quality Transition Zone§ 25-8-423[424]Uplands Zone§ 25-8-424[425]Transfer of Development IntensityARTICLE 11[10]. WATER SUPPLY RURAL WATERSHED REQUIREMENTS.§ 25-8-451Applicability; Compliance[§ 25-8-452 Critical Water Quality Zone]§ 25-8-452[453]Water Quality Transition Zone§ 25-8-453[454]Uplands Zone§ 25-8-454[455]Transfer of Development IntensityARTICLE 12[11]. BARTON SPRINGS ZONE REQUIREMENTS.§ 25-8-481Applicability; Compliance[§ 25-8-482 Critical Water Quality Zone]§ 25-8-482[483]Water Quality Transition Zone§ 25-8-483[484]Transfer of Development IntensityARTICLE 13[12]. SAVE OUR SPRINGS INITIATIVE.§ 25-8-511Title and Purpose§ 25-8-512Amendment§ 25-8-513Declaration of Intent§ 25-8-514Pollution Prevention Required§ 25-8-515No Exemptions, Special Exceptions, Waivers or Variances§ 25-8-516Application to Existing Tracts, Platted Lots, and Public Schools§ 25-8-517Expiration of Prior Approvals§ 25-8-518Limited Adjustment to Resolve Possible Conflicts with Other Laws§ 25-8-519Construction of Ordinance§ 25-8-520Reduce Risk of Accidental Contamination-3TM# 47454
§ 25-8-521§ 25-8-522§ 25-8-523December 12, 2012 DRAFTChapter 25-8, subchapter Alegislative formatEfficient and Cost-effective Water Quality Protection MeasuresSeverabilityAdoption of Water Quality Measures-4TM# 47454
December 12, 2012 DRAFTChapter 25-8, subchapter Alegislative formatSUBCHAPTER A. WATER QUALITY.ARTICLE 1. GENERAL PROVISIONS.Division 1. Definitions; Descriptions of Regulated Areas.§ 25-8-1 DEFINITIONS.In this subchapter:(1)BLUFF means [is limited to a bluff with] a vertical change in elevation ofmore than 40 feet and an average gradient greater than 400 percent.(2)CANYON RIMROCK means [is limited to a rimrock with] a rocksubstrate that:(a)has a gradient that exceeds 60 percent for a vertical distance of atleast four feet; and(b)is exposed for at least 50 feet horizontally along the rim of thecanyon.(3)COMMERCIAL DEVELOPMENT means all development other thanopen space and residential development.(4)CLUSTER HOUSING means a residential housing development thatmaximizes common open space by grouping housing units to minimize individual yardsand has a maximum lot area of fifteen thousand (15,000) square feet for detachedresidential development.[(4) CREST OF BLUFF is limited to a crest of a bluff that is described inSubsection (1). A crest coincides with a line along the top of a bluff beyond which theaverage slope has a gradient of not more than 50 percent for a distance of at least 40 feet.](5)CRITICAL ENVIRONMENTAL FEATURES means [are] features thatare of critical importance to the protection of environmental resources, and includeincluding without limitation bluffs, canyon rimrocks, caves, faults and fractures, seeps,sinkholes, springs, and wetlands.(6)DIRECTOR, when used without a qualifier, means the director of thePlanning and Development Review Department, or the director’s designee.(7)EROSION HAZARD ZONE means an area where future stream channelerosion is predicted to occur using an analysis of land cover, hydrology, geology, andsoils as prescribed in the Drainage Criteria Manual. An erosion hazard zone provides aboundary outside of which resources are not expected to be threatened as a result offuture stream erosion.[(6) IMPERVIOUS COVER means roads, parking areas, buildings, swimmingpools, rooftop landscapes and other impermeable construction covering the natural landsurface.](8) [(7)]FAULTS AND FRACTURES means [is limited to] significantfissures or cracks in rock that may permit infiltration of surface water to undergroundcavities or channels.(9)IMPERVIOUS COVER means the total area of any surface that preventsthe infiltration of water into the ground, such as roads, parking areas, concrete, andbuildings.-5TM# 47454
December 12, 2012 DRAFTChapter 25-8, subchapter Alegislative format(10) MULTI-USE TRAIL means a facility designated for the shared use ofpedestrians, bicycles, and other non-motorized users and associated bridges.(11) OPEN SPACE means an area intended for outdoor activities which doesnot significantly alter the existing natural vegetation, drainage patterns, or increaseerosion and includes a public or private park, multi-use trails, golf cart path, and theportions of a golf course left in a natural state.(12)([8)]OWNER includes a lessee.(13)[(9)]POINT RECHARGE FEATURE means a cave, sinkhole, fault,joint, or other natural feature that lies over the Edwards Aquifer recharge zone and thatmay transmit a significant amount of surface water into the subsurface strata.(14)[(10)]WATER QUALITY CONTROL means a structure, system, orfeature that provides water quality benefits by treating stormwater run-off.(15)[(11)]WETLAND means a transitional land between terrestrial andaquatic systems where the water table is usually at or near the surface or the land iscovered by shallow water, and conforms to the Army Corps of Engineers’ definition.§ 25-8-2 DESCRIPTIONS OF REGULATED AREAS.(A)This section describes the watersheds, aquifers, and water zones that areregulated by this subchapter. A map of these areas is maintained by the WatershedProtection Department and available for inspection at the offices of the Planning[Watershed Protection] and Development Review Department.(B)Except as provided in Subsection (C), the director of the WatershedProtection Department shall determine the boundaries of the areas described inSubsection (D).(C)The council shall determine the boundaries of the Edwards Aquiferrecharge zone after receiving a recommendation from the director of the WatershedProtection Department. For property within 1500 feet of a boundary, the director of theWatershed Protection Department may require that an applicant provide a certified reportfrom a geologist or hydrologist verifying the boundary location.(D)In this subchapter:(1)BARTON SPRINGS ZONE means all watersheds that contributerecharge to Barton Springs, including those portions of the Barton, Little Barton,Williamson, Slaughter, Onion, South Boggy, Bear and Little Bear Creek watershedslocated in the Edwards Aquifer recharge or contributing zones.(2)BARTON CREEK WATERSHED means the land area that drainsto Barton Creek, including Little Barton Creek watershed.(3)EDWARDS AQUIFER is the water-bearing substrata also knownas the Edwards and Associated Limestones Aquifer and includes the stratigraphic rockunits known as the Edwards Formation and Georgetown Formation.(4)EDWARDS AQUIFER CONTRIBUTING ZONE means all landgenerally to the west and upstream of the Edwards Aquifer recharge zone that providesdrainage into the Edwards Aquifer recharge zone.(5)EDWARDS AQUIFER RECHARGE ZONE means all land overthe Edwards Aquifer that recharges the aquifer, as determined by the surface exposure ofthe geologic units comprising the Edwards Aquifer, including the areas overlain withquaternary terrace deposits.-6TM# 47454
December 12, 2012 DRAFTChapter 25-8, subchapter Alegislative format(6)SOUTH EDWARDS AQUIFER RECHARGE ZONE means theportion of the Edwards Aquifer recharge zone that is located south of the Colorado Riverand north of the Blanco River.(7)SUBURBAN WATERSHEDS include all watersheds nototherwise classified as urban, water supply suburban, or water supply rural watersheds,and include:(a)the Brushy, Buttercup, Carson, Cedar, Cottonmouth,Country Club East, Country Club West, Decker, [Dry Creek NE,] Dry Creek East, ElmCreek, Elm Creek South, Gilleland, Harris Branch, Lake,Lockwood, Maha, Marble,North Fork Dry, Plum [Creek], Rattan, Rinard, [South Boggy]South Fork Dry, SouthBrushy, Walnut, and Wilbarger creek watersheds;(b)the Colorado River watershed downstream of U.S. 183; and(c)those portions of the Onion, Bear, Little Bear, Slaughter,South Boggy, and Williamson creek watersheds not located in the Edwards Aquiferrecharge or contributing zones.(8)URBAN WATERSHEDS include:(a)the Blunn, Buttermilk, [East] Boggy, East Bouldin, Fort,Harper Branch, Johnson, Little Walnut, Shoal, Tannehill, Waller, and West Bouldincreek watersheds;(b)the north side of the Colorado River watershed fromJohnson Creek to U.S. 183; and(c)the south side of the Colorado River watershed from BartonCreek to U.S. 183.(9)WATER SUPPLY RURAL WATERSHEDS include:(a) the Lake Travis watershed;(b)[ and the Lake Austin watershed, excluding the Bull Creekwatershed and the area to the south of Bull Creek and the east of Lake Austin[.]; and(c) the Bear West, Bee, Bohl’s Hollow, Cedar Hollow, Coldwater,Commons Ford, Connors, Cuernavaca, Harrison Hollow, Hog Pen, Honey,Little Bee, Panther Hollow, Running Deer, St. Stephens, Steiner, andTurkey Creek watersheds.(10)WATER SUPPLY SUBURBAN WATERSHEDS include:(a)the Bull, Eanes, Dry Creek North, Huck’s Slough, TaylorSlough North, Taylor Slough South, and West Bull creek watersheds;(b)theLady Bird [Town] Lake watershed on the south side ofLady Bird[Town] Lake from Barton Creek to Tom Miller Dam;(c)the Lady Bird[Town] Lake watershed on the north side ofLady Bird[Town] Lake from Johnson Creek to Tom Miller Dam; and(d)the [Town] Lake Austin watershed on the east side of LakeAustin from Tom Miller Dam to Bull Creek.Division 2. Applicability; Exemptions; Exceptions.§ 25-8-21 APPLICABILITY.-7TM# 47454
December 12, 2012 DRAFTChapter 25-8, subchapter Alegislative format(A)Except as provided in Subsection (B), this subchapter applies in theplanning jurisdiction.(B)For a preliminary plan, final plat, or subdivision construction plan in theportion of the city’s extraterritorial jurisdiction that is within Travis County:(1)this subchapter does not apply; and(2)Title 30 (Austin/Travis County Subdivision Regulations) governs.§ 25-8-22 DEVELOPMENT BY CITY.The requirements of this subchapter apply to land development by the City.§ 25-8-23 URBAN WATERSHED EXEMPTIONS.In an urban watershed, development is exempt from the requirements of thissubchapter if the development is[:(1)]exempt from site plan requirements under Section 25-5-2 (Site PlanExemptions).[;(2)included in an application for site plan approval filed before August 30,1991; or(3)located in a rural residence zoning district.]§ 25-8-24 CONDEMNATION AND ACCESSIBILITY EXCEPTIONS.(A)This subsection applies to property that has existing development or that isincluded in an approved site plan if the development on the property is reconfigured as aresult of right-of-way condemnation.(1)The accountable official may approve the replacement ofdevelopment that existed in the condemned area of the property onto the remainder of theproperty.(2)For development that may be replaced under Subsection (A)(1),the director may vary the requirements of this subchapter for development in the waterquality transition zone and the critical water quality zone and the limitations of thissubchapter on impervious cover after making a determination that the replacementdevelopment will not increase the pollutant loading.(B)For property that had existing development or that was included in areleased site plan on March 10, 1996, the accountable official may approve additionaldevelopment that exceeds the impervious cover limitations of this title if the directordetermines that the increased impervious cover is necessary to comply with theaccessibility standards of the Americans With Disabilities Act or the Uniform BuildingCode.§ 25-8-25 SPECIAL EXCEPTIONS.Except as prohibited by Article 12 (Save Our Springs Initiative), a specialexception from the requirements of this subchapter may be granted in accordance withChapter 25-1 (General Requirements and Procedures).§ 25-8-26 REDEVELOPMENT EXCEPTION-8TM# 47454
December 12, 2012 DRAFTChapter 25-8, subchapter Alegislative format(A) This section applies to property that has existing authorized development if theproperty owner files a site plan application and an election for the property to begoverned by this section.(B) The requirements of this subchapter do not apply to the redevelopment of theproperty if the redevelopment:(1) does not increase the existing amount of impervious cover;(2) provides the level of water quality treatment prescribed by current regulationsfor the redeveloped area or an equivalent area on the site;(3) does not generate more than 2,000 vehicle trips a day above the estimatedtraffic level based on the most recent authorized use on the property [on April17, 2000];(4) is consistent with the neighborhood plan adopted by council, if any; and[(5) for property in the drinking water protection zone, combined with all otherredevelopment of the site since April 17, 2000 does not affect more than 25percent of the site’s impervious cover.(C) To the extent of conflict with Article 12 (Save Our Springs Initiative), thissection controls.§ 25-8-27 REDEVELOPMENT EXCEPTION IN THE BARTON SPRINGS ZONE.(A) This section applies to property that has existing authorized commercialdevelopment and is located in the Barton Springs Zone if the property owner files a siteplan application and an election for the property to be governed by this section.(B) For property governed by this section, this section supersedes Article 12 (SaveOur Springs Initiative), to the extent of conflict.(C) Development may comply with this section instead of complying with Section25-8-26 (Redevelopment Exception).(D) In this section:(1) SEDIMENTATION/FILTRATION POND means water quality controls thatcomply with Section 25-8-213 (Water Quality Control Standards) or are approved underSection 25-8-151 (Innovative Management Practices); and(2) SOS POND means water quality controls that comply with all requirementsof Section 25-8-213 (Water Quality Control Standards) and the pollutant removalrequirements of Section 25-8-514(A) (Pollution Prevention Required).(E) The requirements of this subchapter do not apply to the subdivision of propertyif at the time of redevelopment under this section subdivision and site plan applicationsare filed concurrently.(F) The requirements of this subchapter do not apply to the redevelopment ofproperty if the redevelopment meets all of the following conditions:(1) The redevelopment may not increase the existing amount of imperviouscover on the site.(2) The redevelopment may not increase non-compliance, if any, with Section25-8-261 (Critical Water Quality Zone Development), Section 25-8-281 (CriticalEnvironmental Features), Section 25-8-282 (Wetland Protection), [Section 25-8-9TM# 47454
December 12, 2012 DRAFTChapter 25-8, subchapter Alegislative format482(Critical Water Quality Zone),] or Section 25-8-482 [25-8-483](Water QualityTransition Zone).(3) The redevelopment must comply with construction phase environmentalrequirements in effect at the time of construction, including Chapter 25-8, Article 5(Erosion and Sedimentation Control; Overland Flow) and Section 25-8-234 (FiscalSecurity in the Barton Springs Zone).(4) The water quality controls on the redevelopment site must provide a level ofwater quality treatment that is equal to or greater than that which was previouslyprovided.(5) For a commercial or multifamily redevelopment, the owner or operator mustobtain a permit under Section 25-8-233 (Barton Springs Zone Operating Permit) for bothsedimentation/filtration ponds and SOS ponds.(6) For a site with more than 40 percent net site area impervious cover, theredevelopment must have:(a) sedimentation/filtration ponds for the entire site; or(b) [ if approved by the director of the Watershed Protection and DevelopmentReview] Department,]SOS ponds for a portion of the site, and sedimentation/filtrationponds for the remainder of the site, as prescribed by the Environmental Criteria Manual.(7) For a site with 40 percent or less net site area impervious cover, theredevelopment must have SOS ponds for the entire site.(8) The property owner must mitigate the effects of the redevelopment, ifrequired by and in accordance with Subsection (H) [(I)].(G) City Council approval of a redevelopment in accordance with Subsection (H) isrequired if the redevelopment:(1) includes more than 25 dwelling units;(2) is located outside the City's zoning ju
Dec 12, 2012 · Chapter 25-8, subchapter A legislative format - 5 - TM# 47454 SUBCHAPTER A. WATER QUALITY. ARTICLE 1. GENERAL PROVISIONS. Division 1. Definitions; Descriptions of Regulated Areas. § 25-8-1 DEFINITIONS. In this subchapter: (1) BLUFF means [is l
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