HomeMy WebLinkAbout09052002 BSC Agenda Item 7 •
DRAINAGE
General Overview: While acknowledging that the occasional flooding in West U is due to a
variety of problems, most of which are beyond the scope of the ZPC, there are steps the ZPC can
take to reduce the problem of cross-flow drainage. In particular, we have focussed on drainage
problems that are being made worse, in part, because of construction activity in West U.
Issue 1
Official Site Plans
Issue: The current ordinance(Sec. 6.403) states that for any "development project for
which a permit is required, an applicant must submit a boundary and forms
survey and meet standards prescribed by the BO." However, currently, there is
no one document that gives an overall image of the site once development is
completed. For major development projects, builders are required to operate in
an increasingly complex environment, for which they need to access and record
many important surveys, drawings and compliance data.
Change: The intent for amending this section of the Code is to streamline the building
process by requiring a comprehensive site plan incorporating all building, land
and legal documents pertaining to the site. This may include but not be limited
to: basic survey(before build);forms survey(during building); standard base
level survey and drainage topographic survey;easements and plat restrictions;
and all other structures and areas related to W.U. zoning regulations.
Positives: Allows for builders, homeowners (current and subsequent) and city officials to
have an accurate record of a site's blueprint without having to search at various
locations.
Serves as an aid to persons who must comply with applicable regulations during
construction and beyond.
Gives the Building Official more control over the building process and serves to
prevent unintended consequences by having all information available.
Negatives: Requires additional City resources to compile,review and record site plans.
Example: Official Site Plan Template-Dennis Mack
Certification Form Template-Jim Dougherty
Next Steps: Convene meeting of area builders to outline ordinance changes and present
Official Site Plan Template and Certification Form Template for their review and
comments. Seek input of area title companies regarding proposed changes.
Coordinate with BSC.
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Issue 2
Drainage Plans
Issue 2A: Interference with Established Drainage Patterns
Currently in the Ordinance, all permittees for major development and grade-
raising projects must submit and implement drainage plans to provide adequate
site drainage (there is a"low-impact"exception). However, the Ordinance does
not require builders or homeowners to consider the effects of established
drainage patterns from adjoining sites in their building or landscaping plans. In
some instances, for a variety of reasons (fencing, grade-raising, landscaping),the
rainwater from adjoining sites is blocked from its natural flow pattern and the
result can be temporary flooding.
Issue 2B: Engineer Seal and Certification of Drainage Plans
Currently Sec. 6.405 of the Ordinance requires the drainage plan to be "prepared
and sealed by a professional engineer licensed to practice in Texas."It also
requires the engineer to certify, at project completion, that the approved drainage
plan has been fully implemented and achieves adequate site drainage. However,
in a meeting with area builders, many builders complained that the value of the
engineer's seal was doubtful because there is a lot of leeway for"fudging"the
before and after spot elevation numbers in the drainage topographical survey.
Change: Amend the Ordinance to establish an alternate method of compliance for builders
who want to forego an engineer-certified drainage plan. This alternate method
would remove the engineer seal requirement and site plan requirement indicating
how a project will prevent significant interference with established drainage
patterns. Since the alternate method would increase regulatory costs borne by the
City, the fees for the alternate method would presumably be higher. The
difference in fees between the two methods of compliance would be deposited in
a City-managed drainage mitigation fund. This fund would be used by the City
to review, investigate and, where necessary, design and implement interim
drainage mitigation projects.
Positives: Allows homeowners to seek relief to a persistent problem without having to deal
directly with neighbors or track down builders.
Provides two methods for compliance: 1) the builder pays lower fee but must
submit topo survey with plans for mitigating any established drainage
interference from adjacent sites and engineer seal certifying that"as-built"does
not differ significantly from the "as-designed"plan and achieves adequate
drainage; or 2) the builder pays higher fee and foregoes engineer certification and
off-site drainage mitigation. The difference of higher and lower fees would be
used by City, along with co-payment by affected homeowner,to defray increased
costs borne by the City.
City currently manages similar funds so learning curve would be minimal.
Negatives: Drainage costs may outweigh available funds.
Additional staff time needed to develop and operate fund.
• •
Amendments for
"official site plans"
and drainage provisions
08-15-02
Official Site Plans
A. Amend Subsection (d) of Section 6.110
of the Code of Ordinances
to read in its entirety as follows:
(d) Temporary, conditional permits. The Building Official may issue temporary or
conditional permits if the Building Official determines that:
(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 a project including 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 permit to
be recorded in the real property records of the county.
B. Amend Section 6.403
of the Code of Ordinances,
to read in its entirety as follows:
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. The survey must show them 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 applicable
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regulations, e.g.,yard and site regulations.
(c)Drainage, elevation. This Code requires additional surveys or drawings for drainage,
in certain cirumstances. See, e.g., Section 6.405 and Chapter 20. The zoning ordinance
requires a survey to establish the standard base elevation.
(e)(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 principal purpose of the official site plan is to assemble, coordinate and
record important surveys, drawings and compliance data that might otherwise be
scattered or difficult to find. It is intended to be an aid to persons who must
comply with applicable regulations, not only during construction but also
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 drawings and surveys; (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, pervious areas for trees
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) The Building Official shall review and approve official site plans 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 certify and deliver the final official site plan to the Building
Official by the sooner of: (i) the 30th day following completion of the project
(including final ground cover and landscaping), or(ii) the 30th 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. The permittee must formally certify that the
•lan accuratel de•icts "as built"conditions all in com•fiance with a••licable
regulations. The plan must include the "as built" drainage plan (as confirmed and
certified, with topographic survey data and engineering certification where
required; see below). Any additional review fee may be waived if the Building
Official determines that the "as-built" plan is not substantially different from the
approved "as-designed" plan.
(6) The Building official shall maintain files for final official site plans, as approved.
The files may be electronic. The Building Official shall 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
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.ro•ects that as a .ractical matter will have no impact or ver 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
amendments to previously-approved official site plans that, as a practical matter,
will have no impact, or very minor impact, upon required yards, neighboring
property and drainage patterns, in the judgment of the Building Official. All other
amendments are handled in the same manner as new plans.
Drainage
A. Amend Section 6.405
of the Code of Ordinances
to read in ites entirety as follows:
Sec. 6.405. Drainage plans and permit requirements.
(a)Drainage in general. On each site where major development or grade raising occurs,
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 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); and (ii) causes the
rainwater to be absorbed in that area or conveyed to a street area or other lawfully available
lawful receiving place for rainwater, without escaping onto any other site and without washing
detectable quantities of soil or debris off the building site onto any other 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 plans. There are two types of drainage plans, Type A and
Type B. Each Type A drainage plans 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 adverse effects upon off-site areas, and
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(v) contain additional information requested by the City engineer or Building Official. Type B
drainage plans must include all of the elements of Type A plans and the following additional
elements:
(1) topographic survey data showing the established drainage patterns from
adjacent areas onto the affected area;
(2) clear drawings and descriptions of facilities and measures necessary to
prevent significant interference with such established drainage patterns;
and
(3) a seal and signature of a professional engineer, licensed to practice in
Texas, who prepared the plan.
• - • - - -• : - . . - • - - • •.-. engineer licensed to practice in Texas, except
as provided below. A plan is not effective until approved by the Building Official City engineer.
Amendments to a plan also require approval by the Building Official City engineer.
(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
foundation is poured or otherwise affixed. The temporary measures must remain in effect until
the permanent facilities and measures called for by the approved drainage plan are installed and
are operating as designed. Permanent facilities and measures to achieve adequate site drainage
called for by the approved drainage plan 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 plans ("as-built"). For each project for which a drainage
plan is required, each permittee . . . . . . -- . _ -: -- : .' .•- . ! '..: shall
deliver to the Building Official an "as built" drainage plan, certified as called for by the final
official site plan (see, e.g., Section 6.403). In the case of Type B drainage plans, the permittee
must also submit:
(1) a topographic survey drawing (with sufficient "spot" elevations and flow
directions, as determined by the Building Official) depicting the entire
affected area, the adjacent areas, the established drainage patterns, and the
receiving points for runoff, both "as-designed" in the approved drainage
plan and "as-built," and
(2) a written statement under seal, from a professional engineer licensed to
practice in Texas, confirming that the approved "as-built" drainage plan
- - • . . .. . . ... . .. . .. d o e s,• in fact, achieve adequate site
drainage consistent with this section and is not significantly different from
the approved "as designed" plan.
These confirmation items must be delivered, together with the official site plan, when required
by this Code (see, e.g, Section 6.403). within 30 days following the day when all work on the
project (including final ground cover and landscaping) is completed, or 30 days following the
day when the building permit expires, whichever is sooner. In any event, the items must be
(f) Surveying and engineering waivers. The City engineer Building Official may waive a
surveying or professional engineering requirement for any drainage plan that is very simple and
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that will obviously achieve adequate site drainage, without the need for professional preparation
or analysis.
(g) Fees. The fees for Type A drainage plans shall be more than for Type B drainage
plans. The difference shall be deposited into a special drainage fund maintained for that purpose
by the Director of Finance in an interest-bearing account. The fund, together with any interest
earnings, shall be used only to review drainage plans, investigate drainage problems relating to
drainage plans and, where necessary, to design and implement interim drainage mitigation
protects. Such protects shall be designed and implemented by the City to: (i) mitigate significant
interference with established drainage patterns caused by major development (or grade raising),
(ii) be implemented at the lowest cost practicable, (iii) have a life expectancy no longer than the
estimated time within which permanent drainage measures are likely to be implemented, either
privately or publicly, but the life expectancy shall always be less than three years and (iv)
occupy only public easements and other public property. Should the need for interim drainage
mitigation projects exceed the available funds, priority shall be given to projects to mitigate
effects on pre-existing, older homes (built before October 24, 1987) where, because of special
circumstances or an unusual hardship, it appears to be impractical to achieve mitigation without
City intervention.
(h) Other Rights and Duties. Some persons may have State-created or recognized rights
and duties with respect to surface water and drainage. -- - • . . . '• , • -- . : : .,•
• • •• - -• - - • - • -- • . • .• . • - -- • . 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. -• - •- . - -- _- • . -•• -- . • _ . - - - ••- - -
-- _ - - • • • - -• - • - • - •- . However: (i) neither this Code nor any•
actions taken by City officials shall ever be interpreted to diminish any ether 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. Thus, for example, neither this section nor
water from other 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.
B. Amend Section 20,004
of the Code of Ordinances
to read in its entirety 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
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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)developments, except
conventional single family, detached houses in the SF 1, SF 2 or SF 3 District, the following
apply:
(1) a a proposed official site plan covering the entire area to be platted or replatted
regulations), must shall be filed as part of the filing package for any plat or replat
preliminary plat approval;
(2) each proposed official site plan must shall 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 Z&PC);
(3) after final plat approval, the approved official site plan shall 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 shall comply substantially with
the approved official site plan submitted and filed in connection with the plat or
rat, unless ether-wise authorized by an another official site plan
approved under Chapter 6.
committee of the Z&PC or a designee of the Z&PC. Appeals from the building official are heard
• - - • _ •. -- . • • - -- , . -• -- -- :SC or the ZBA, 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 The Building Official or Z&PC may require that the reports be
prepared by a registered professional engineer.
codeupdates/54ositeplanR4
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Amendments for
"official site plans"
and drainage provisions
9-3-02
Official Site Plans
A. Amend Subsection (d) of Section 6.110
of the Code of Ordinances
to read in its entirety as follows:
(Note: this allows temporary occupancy while "as built" drainage and site
plans are being finished and filed)
(d) Temporary, conditional permits. The Building Official may issue temporary or
conditional permits if the Building Official determines that:
(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 a project including 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 "as built"
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 permit to
be recorded in the real property records of the county.
B. Amend Section 6.403
of the Code of Ordinances,
to read in its entirety as follows:
(Note: this sets basic rules for official site plans, with two versions
required: "as designed"and "as built")
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
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foundation forms or guides as set upon the ground. The survey must show them 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 applicable
regulations, e.g., yard and site regulations.
(c)Drainage, elevation (surveys and drawings). This Code requires additional surveys or
drawings for drainage, in certain circumstances. See, e.g., Section 6.405 and Chapter 20. The
zoning ordinance requires a survey to establish the standard base elevation.
(E) (d) Standards. All surveys , drawings and official site plans (including their form,
scope and certifications) must meet standards prescribed by the Building official.
(e) Official Site Plans.
(1) When Required. An official site plan is required for projects involving major
development or grade raising. 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.
(2) Purpose: The principal purpose of the official site plan is to assemble, coordinate
and record important surveys, drawings and compliance data that might otherwise
be scattered or difficult to find. It is intended to be an aid to persons who must
comply with applicable regulations, not only during construction but also
thereafter.
(3) Content: Each official site plan must clearly depict the following, as applicable:
(i) data from the basic survey, forms survey (after it becomes available), standard
base level survey and the drainage topographic drawings and surveys; (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, pervious areas for trees 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).
(4) Preparation and Processing ("As Designed"Plans)
--- A preliminary version of the official site plan (showing "as designed"
conditions) must be filed with the Building Official as part of the
application for the first permit for the project.
--- The Building Official shall review and approve "as designed"plans if they
comply with this section and applicable regulations.
- - No permit may be issued until the "as designed" plan is approved.
(5) Preparation and Processing ("As Built" Plans)
- Each permittee must certify and deliver an "as built" official site plan to
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4
the Building Official by the sooner of: (i) the 30th day following
completion of the project (including final ground cover and landscaping),
or(ii) the 3e 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 (except a temporary certificate of
occupancy).
The permittee must formally certify that the "as built" official site plan
accurately depicts the "as built" conditions and that they are all in
compliance with applicable regulations. The "as built" official site plan
must include the "as built" drainage plan (as confirmed and certified, with
topographic survey data and engineering certification where required; see
below).
--- The Building Official shall review and approve "as built"plans if they
comply with this section and applicable regulations. Any review fee for
the "as built" official site plan may be waived if the Building Official
determines that "as built"plan is not substantially different from the
approved "as designed" plan
(6) Filing and Recording. The Building official shall maintain files for official site
plans, as approved. The files may be electronic. The Building Official shall
record "as built" official site plans in the county real property records.
(7) Amendments. Amendments to official site plans are handled in the same manner
as original plans. Exception: The Building Official shall provide an expedited,
low-cost procedure for amendments that, as a practical matter, will have no
impact, or very minor impact, upon required yards, neighboring property and
drainage patterns, in the judgment of the Building Official.
Drainage
A. Amend Section 6.405
of the Code of Ordinances
to read in ites entirety as follows:
(Note: This sets up two types of drainage plans, Type A and Type B. Type
B plans would be much more stringent than Type A. All fees would be
dedicated to drainage purposes, and the City could carry out "interim
drainage mitigation projects.")
Sec. 6.405. Drainage plans and permit requirements.
(a)Drainage in general. On each site where major development or grade raising occurs,
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
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4
(2) implement fully the approved drainage plan (if contained or referenced in
an official site plan or permit) a building or similar permit for the work).
"Adequate site drainage" means drainage that: (i) captures substantially all of the rainwater that
would 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); and (ii) causes the
rainwater to be absorbed in that area or conveyed to a street area or other lawfully available
lawful receiving place for rainwater, without escaping onto any other site and without washing
detectable quantities of soil or debris off the building site onto any other 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 plans. There are two types of drainage plans, Type A and
Type B. Bach Type A drainage plans 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 adverse effects upon off-site areas, and
(v) contain additional information requested by the City engineer or Building Official. Type B
drainage plans must include all of the elements of Type A plans and the following additional
elements:
(1) topographic survey data showing the established drainage patterns from
adjacent areas onto the affected area;
(2) clear drawings and descriptions of facilities and measures necessary to
prevent significant interference with such established drainage patterns;
and
(3) a seal and signature of a professional engineer, licensed to practice in
Texas, who prepared the plan.
and (vi) be prepared and sealed by a professional engineer licensed to practice in Texas, except as
provided below. A plan is not effective until approved by the Building Official City engineer.
Amendments to a plan also require approval by the Building Official City engineer.
(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 and measures called for by the approved drainage plan are installed and are
operating as designed. Permanent facilities and measures to achieve adequate site drainage
called for by the approved drainage plan 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.
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(e) Confirmation of drainage plans ("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: shall
deliver to the Building Official an "as built" drainage plan, certified as called for by the final "as
built" official site plan (see, e.g., Section 6.403). In the case of Type B drainage plans, the
permittee must also submit:
(1) a topographic survey drawing (with sufficient "spot"elevations and flow
directions, as determined by the Building Official) depicting the entire
affected area, the adjacent areas, the established drainage patterns, and the
receiving points for runoff, both "as-designed" in the approved drainage
plan and "as-built," and
(2) a written statement under seal, from a professional engineer licensed to
practice in Texas, confirming that the appfewed"as-built" drainage plan
- - . •• . - --- • . . -: does, in fact, achieve adequate site
drainage consistent with this section and is not significantly different from
the approved "as designed" plan.
These confirmation items must be delivered, together with the official site plan, when required
by this Code (see, e.g, Section 6.403). within 30 days following the day when all work on the
project (including final ground cover and landscaping) is completed, or 30 days following the day
when the building permit expires, whichever is sooner. In any event, the items must be delivered
before an occupancy permit or similar approval may be issued.
(f) Surveying and engineering waivers. The City engineer Building Official 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.
s'g)Fees; Special Fund. The fees for Type A drainage plans shall be more than for Type
B drainage plans. All fees for drainage plans shall be deposited into a special drainage fund
maintained for that purpose by the Director of Finance in an interest-bearing account. The fund,
together with any interest earnings, shall be used only to review drainage plans, to investigate
drainage problems relating to drainage plans and, where necessary, to design and implement
interim drainage mitigation projects. Such projects shall be designed and implemented by the
City to: (i) mitigate significant interference with established drainage patterns caused by major
development (or grade raising), (ii) be implemented at the lowest cost practicable, (iii) have a life
expectancy no longer than the estimated time within which permanent drainage measures are
likely to be implemented, either privately or publicly, but the life expectancy shall always be less
than three years, and (iv) occupy only public easements and other public property. If the need for
interim drainage mitigation projects exceeds the available funds, priority shall be given to
projects to mitigate effects on pre-existing, older homes (built before October 24, 1987) where.,
because of special circumstances or an unusual hardship, it appears to be impractical to achieve
mitigation without City intervention. The Building Official shall require that expenditures for
interim drainage mitigation projects be matched by a minimum percentage of private funds. The
minimum percentage may be adjusted from time to time, but the Building Official may not waive
the private share except in case of financial hardship, and only then with approval of the BSC.
(h) Other Rights and Duties. Some persons may have State-created or recognized rights
and duties with respect to surface water and drainage. -- - : : . •- , • -- . .: ,
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• •
. • _ .• - • • - istence 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. - - . _ . - •- •_• • . _.. .. . . . . - . . .•• - -
•- -- ••_ • -- - - -• - • - • . -- -. 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. Thus, for example, neither this section nor
water from other 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.
B. Amend Section 20.004
of the Code of Ordinances
to read in its entirety as follows:
(Note: this allows temporary occupancy while "as built"drainage and site
plans are being finsihed and filed)
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)developments, except
• ••_ - • = . . -• - • he SF 1, SF 2 or SF 3 District, the following
apply:
(1) an a proposed official site plan covering the entire area to be platted or replatted•..__ • .. . . . .. . . .• - . . - , . . - ., . . - 6,
regulations), must shall be filed as part of the filing package for any plat or replat
preliminary plat approval;
(2) each proposed official site plan must shall 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,
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• I
other plat features or required facilities for drainage, utilities, access, etc. (all as
determined by the Building Official and confirmed by the Z&PC);
(3) after final plat approval, the approved official site plan shall 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 shall comply substantially with
the approved official site plan . . - . . . . •- •- . • - -- , .
r-eplut, unless otherwise authorized by ceded another official site plan
approved under Chapter 6.
. . .. . - . . ' . . - . .. . . - .
-- -- - -- . . . . _ -- . -- . p .. .. . - -- ..• . . •. ., - .. .
are heard in the usual manner, by either the BSC or the ZBA, 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 The Building Official or Z&PC may require that the reports be
prepared by a registered professional engineer.
codeupdates/54ositeplanR5
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