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HomeMy WebLinkAbout07052001 BSC Agenda Item 6 s • • Amendment for ., . "official site plans" including additional drainage provisions, etc. 7-2-01 Amend Subsection (d) of Section 6.110 of the Code of Ordinances, as follows: (d) Temporary, conditional permits. The Building Official may issue temporary or conditional permits if: (1) appeal or enforcement proceedings are pending or contemplated; (2) the permit helps to reconcile two or more applicable regulations; (3) in the case of major development, it appears that the work has been completed in compliance with applicable regulations, and the permittee is diligently pursuing the preparation of a final official site plan; or (4) the permit helps achieve compliance with an applicable regulation. The Building Official may cause a notice of such a temporary or conditional occupancy peirnit to be recorded in the real property records of the county. Amend Section 6.403 of the Code of Ordinances, as fol lows: Sec. 6.403. Surveys; Official Site Plans. (a)Basic survey. For each development project for which a permit is required, the applicant must submit a boundary survey showing all existing and proposed structures. The Building Official may waive this requirement if substantially equivalent information is available from other sources. (b)Forms survey. For each major development project and each new foundation of a building, the applicant must submit an additional survey showing the actual location of all foundation forms or guides as set upon the ground. They must be located accurately with respect to the boundaries of the building site. This additional survey must be delivered to the Building Official not later than noon on the first City working day preceding the day on which the first part of the foundation is poured or affixed to the ground, and it shall be unlawful to proceed with such pouring or affixing before the Building Official makes a note on such survey to the effect that the proposed foundation appears to comply with yard and site regulations. (c)Drainage, elevation surveys. This Code requires additional surveys for drainage, See. e.g.. Section 6.405 and Chapter 20. The zoning ordinance requires a survey to establish the standard base elevation. ft—)(d)Standards. All surveys and official site plans(including their form, scope and certifications)must meet standards prescribed by the Building official. (e) Official Site Plans. An official site plan is required for projects involving major development or grade raising, as follows: (1) The main purpose of the official site plan is to assemble, coordinate and record Page 1 of 5 • • Qtr important survey and compliance data that might otherwise be scatterector�,�` difficult to find. It is intended to be an aid to persons who must comply Ali applicable regulations, not only during construction but also for years thereafter. (2) An official site plan must clearly depict the following, as applicable: (i) data from the basic survey, forms survey, standard base level survey and the drainage topographic survey; (ii) easements and plat restrictions; and(iii) buildings, pavement, other major structures, yards (or"setbacks"), fences, mechanical equipment, garage openings, open areas,pervious areas, landscaping strips, parking areas, driveways, sidewalks, loading areas, curb cuts, waste storage areas, special screens, drainage facilities, required trees, tree pervious areas and other features and facilities required to comply with applicable regulations (see. e.g.. this Chapter 6, Chapter 9, Chapter 19, Chapter 20, Chapter 22, the zoning ordinance and other applicable regulations). (3) Review and approval of official site plans are handled by the Building Official, who shall approve them if they comply with this section and applicable regulations. (4) A proposed official site plan(showing"as designed"conditions)must be filed with the Building Official as part of the application for a permit for the project. No permit may be issued until the plan is approved. (5) Each permittee must deliver the final official site plan(showing "as built" conditions, all in compliance with applicable regulations)to the Building Official by the sooner of: (i)the 30`h day following completion of the project(including final ground cover and landscaping), or(ii)the 30`h day following the expiration of the permit. In any event, it must be delivered and approved before any final occupancy permit or similar approval may be issued, other than a temporary certificate of occupancy. It must include the"as built"drainage plan drawing(as confirmed and certified,with topographic survey data; see below). Any additional review fee maybe waived if a registered professional engineer certifies that i) the "as-built"plan is not substantially different from the approved"as-designed" plan and(ii) it provides site drainage better than or equal to the"as-designed" plan. (6) The Building official shall maintain files for final official site plans,as approved. The files maybe electronic. The Building Official may record a final official site plan in the county real property records. (7) The Building Official may issue a"low impact" certification for small-scale projects that, as a practical matter, will have no impact, or very minor impact, upon required yards, neighboring property and drainage patterns. The"low impact"certification shall be accepted in lieu of an official site plan. (8) The Building Official shall provide an expedited, low-cost procedure for minor amendments to official site plans previously approved. Major amendments are handled in the same manner as new plans. Amend Section 6.405 of the Code of Ordinances, as follows: Page 2 of 5 • • ` .. Sec. 6.405. Drainage plans and permit requirements. ccurs (a)Drainage in general. On each site where major development or grade raising o , each permittee, each successive owner and each successive person in control of the site has a continuing duty to: (1) provide adequate site drainage at all times,unless otherwise specified in an approved drainage plan, and (2) implement fully the approved drainage plan(if contained or referenced in an official site plan or permit) . .•• • ). "Adequate site drainage" means drainage that: (i) captures substantially all of the rainwater that would either fall onto the affected area as a result of a 10-year frequency rainfall event (determined according to criteria used by the Texas Department of Transportation)or otherwise flow into the affected area as a result of such an event; and(ii) causes the rainwater to be absorbed in that area or conveyed to a . . . . . • • • • •• • . lawful receiving place for rainwater,without escaping onto any other site and without washing significant quantities of soil or debris off the building site site. The"affected area"is the area affected by grade-raising work or, in the case of major development, the entire building site. (b)Building permits; "low impact"exception. A building or similar permit that authorizes major development or grade raising is void unless it contains or references either: (1) an approved drainage plan that complies with this section, or (2) a"low impact"certification by the Building Official, to the effect that the work authorized by the permit will probably have no drainage impact, or very low impact,upon neighboring property. (c)Requirements for drainage plan. Each drainage plan must: (i) include a topographic survey drawing (with"spot"elevations) showing the affected area and the receiving points for runoff, "as-is,"before work on the site begins, (ii) include clear drawings and descriptions of proposed temporary and permanent drainage measures that produce adequate site drainage, (iii) minimize the amount of fill and tree damage, (iv) minimize the effect of drainage upon off-site areas, (v) contain additional information requested by the City cnginccr or Building Official,and (vi)be prepared and sealed by a professional engineer licensed to practice in Texas. A plan is not effective until approved by the Building Official City-t,ngiii■.cr. Amendments to a plan also require approval by the Building Official City enginc�i. (d)Implementation of drainage plans. Either temporary or permanent measures to achieve adequate site drainage must be put into effect no later than the time when the grade- raising activities are started, or, in the case of major development, the time when the first foun- dation is poured or otherwise affixed. The temporary measures must remain in effect until the permanent facilities are installed and are operating as designed. Permanent measures to achieve adequate site drainage must be installed and operating as designed before the grade-raising work or major development is completed. Temporary measures may incorporate all or part of the permanent measures. (e) Confirmation of drainage plan ("as-built'). For each project for which a drainage plan is required,each permittee has a duty to deliver the following to the Building Official: (1) a topographic survey drawing(with "spot"elevations and flow directions) depicting the entire affected area and the receiving points for runoff,both Page 3 of 5 • • .• eibk? "as-designed" in the approved drainage plan and"as-built,"and o(2) a written statement from a professional engineer licensed to practice Texas, confirming that the approved"as-built"drainage plan has b.c1i does, in fact, achieve adequate site drainage consistent with this section. These confirmation items must be delivered,together with the official site plan, when required by this Code (see. e.g, Section 6.403). • • : •• •• • project(including grocmd covti and 1. . . .• _ • . . ., . : • . . ••• .. • ., • _ . - • -� •• • - -„ , , - . . . • . .- If - • •- • •• • • • - • . .. . .. o • - - . ' .. (f)Surveying and engineering waivers. The City engineer may waive a surveying or professional engineering requirement for any drainage plan that is very simple and that will obviously achieve adequate site drainage,without the need for professional preparation or analysis. (g) Other Rights and Duties. Some persons may have State-created rights and duties with respect to surface water and drainage. These rights and duties, if they apply, would typically arise from natural drainage patterns, although it would be unusual to find natural drainage patterns still in existence in built-up urban areas like the City. For example,under State water laws, a property owner may have the right to allow water to drain naturally onto neighboring property, and the owner of the neighboring property may have the duty to receive the water. This . . . .. . . - . . • • • .. . II •, , ; , - - - - - '. • . . . . • .. .1 .1 • . I • .. . .. • . • —.• . . • . • . However: (i) neither this Code nor any actions taken by City officials shall ever be interpreted to diminish any other rights or duties arising under State water laws, and (ii) any person who receives any form of permission under this Code remains obligated to carry out all State-created duties and to respect all State-created rights, whether required to do so by the City or not. . , . . . , •. . . • . • •. property: Every property owner remains free to pursue all State-created rights and remedies against other property owners, and it is neither required nor appropriate to involve the City in any such proceeding. Amend Section 20.004 of the Code of Ordinances, as follows: Sec. 20.004. Applicability, reviews, and site plans. (a) Generally. All property proposed for subdivision within the City shall hereafter be laid out in accordance with this chapter for approval by the Z&PC, and no other subdivision will be recognized by the City. Prior to the proposed plat being considered by the Z&PC, the Director of Public Works will review the plat and make written recommendations to the Z&PC on said subdivision request. (b)Site plans. For all proposed plats or replats (except replats of previously-developed SFR sites to create revised SFR sites, each with 5,000 square feet or more)dev Aoprneuts, x�upt the following Page 4 of 5 • apply: (1) an a proposed official site plan covering the entire area to be platted or replatted•- - • • - : :: :- : : .. : •. - .:' - . . - , : . - . : . - Chapter--19, Ch. . , . ' _ . .• . • .. : - • • . regulations), must be filed as part of the filing package for any plat or i.,plat preliminary plat approval; (2) each proposed official site plan must meet City standards for approval (see Chapter 6), except that the plan may omit(or simplify) building details and other information unnecessary to establish easements, lot dimensions, reserves, streets, other plat features or required facilities for drainage,utilities, access, etc. (all as determined by the Building Official and confirmed by the 7&PC); (3) after final plat approval, the approved official site plan must be filed among the City's plat records, with the original recorded plat,in addition to other filing and recording required by Chapter 6; and (4) all construction in a platted or replatted area must comply substantially with the approved official site plan sttbinitkd and filed in eonnuction with the plat ui replat, unless otherwise authorized by an a1n.11dcd another official site plan approved under Chapter 6. 8 - - _- - i •-•-•• " • 1 . 1 1 1•. • • . • • • • • .• . . e• : . . , .. • • • . •V •. : . • • -: • - - : - :- ' i : signee of the Z&PC. Appeals floor the building uffikial aim In alil - • - - - arc beard in the usual manner, by either the DSC or the ZDA, depending upon the issue. (c)Engineering reports. In addition to other engineering reports, the Building Official or the Z&PC may require an engineering report to demonstrate that a site plan or a plat(or development thereon) will comply with applicable regulations regarding parking, driveway, egress and drainage. They may require that the reports be prepared by a registered professional engineer. C0107\540sitcpla R Page 5 of 5