HomeMy WebLinkAboutOrd 1748 - drainage and site plans
Ordinance No. 1748
AN ORDINANCE RELATING TO DRAINAGE AND SITE PLANS; AMENDING
THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Chapters 6 and 20 of the Code of Ordinances of the City of West
University Place, Texas are hereby amended as set out in the report of the Zoning &
Planning Commission, which is attached hereto and incorporated herein for all
purposes.
Section 2. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction~
neither the remainder of this Ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action~ The City Council ratifies, approves and c<?nfirms such notices
and the contents and posting thereof.
Section 511 This Ordinance shall take effect on the tenth day following its
publication, as provid~d in the City Charter.
PASSED AND APPROVED on ~_ ~ , :;JD() 3 . . .
Councilmembers Vo ng e: ~t'}~,.4- /~uL-...~ ~~ ,dJ",.".(fra.A
Councilmembers Voting No: ,/
Councilmembers Absent: ~d ~r~
PASSED AND APPROVED on~{~/% , .2.Q::).3.
Councilmembers Vot ng Aye: ~.n- .6~"~ &uncY}~ ~/iuI!q y d,b.
Councilmembers Voting No: ,.
Councilmembers Absent: ~~ c.U' ~~ ~~
/1 ?iJ2L
I J. ../.
Signed: ~t; tl. . 'O/l~
Mayor ,.
Recommended:
Reviewed:
City Attorney
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
July 101 2003
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Houston, Texas 77005
Subject: Final report, drainage and site plans
To the Honorable Mayor
& Members of City Council:
The Zoning & Planning Commission has been working on an
update of the City's site drainage regulations for more than a
year. The Commission has met with individual residents,
builders, engineers and the Building & Standards Commission. The
Commission has considered several different approaches and has
reviewed numerous drafts and revisions. Last month, the
Commission and the Council held a joint public hearing to allow
all interested persons to comment.
The Commission has considered all of the comments and has
prepared an amended draft of the proposed ordinance for the
consideration of the Council. The Commission now formally
submits them to the Council for its consideration.
Existing Regulations. Chapters 6 and 20 of the Code of
Ordinances now require that sites affected by new development or
grade-raising projects be designed to drain toward the streett
not onto neighboring properties. The ordinances also require
various types of surveys (boundary surveYt forms survey,
topological survey) and usually some kind of site plan.
Scope of Proposal. The proposal would require a standard
site plan for most new projects! in two different versions: As
designed and as built. A sample plan is attached. These
standard site plans would combine and incorporate the surveys and
plans that are already submitted separately! with the objective
of more clearly illustrating required drainage and other
development features. This should aid enforcement, because the
plans will be kept as permanent records_ It should also help
individual property owners in complying with the City's
I
t,.
regulations I because there would be a permanent, illustrated plan
on file showing required development features for each site. In
fact! the proposal would require a notice in the deed records to
alert future owners of a site that a site plan is on file and
available at the Public Works Building.
The proposal would also modify the existing drainage
regulations to: (1) require mitigation if a project affects
existing drainage patterns across property lines, (2) include
various updates and cross references! (3) raise fees! (4)
eliminate the requirement for an engineerls seal, and (5) reduce
the surveying requirement from two surveys to one.
The proposal would also require submission of as designed@
site plans early in the development process for proposed
. subdivisions. The proposal would also allow temporary occupancy
while as built@ drainage and site plans are being finished and
filed.
The full text of the proposal! with amendments I is also
attached. The amendments made since the joint public hearing are
listed in the preamble to the text.
Recommendation. Based on the extensive review given this
proposal so farl the Commission: (i) recommends the proposed
amendments to the Council, (ii) urges the Council to adopt them.
The Vote. The following members of the Commission approve this
Final report: Commissioners eoucherj 'BroLOn) l\le..\6orV) Fbhl ) :/eh!e.,
vat ed "aye, 11 N OtJ~ voted "no. II ( Comml S S J.oner ( s )
5\e.\lYlrt \jJ\tit\ocl) not present.)
)
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
-~,~
For the Commission \
By:
Amendments for~
Usite plans"
and drainage
7-2-03 includes amendments following public hearing of June 23, 2003 as follows:
1. modified nrequ ired yards U reference in two places,
2. deleted redundant phrase uin the judgment of the building officiat J1 and
3. modified definition of ttbasic site drainagelJto avoid using the to-year frequency event
Site Plans
A.. Amend Subsection (d) of Section 6.110
of the Code of Ordinances
to read in its entirety as follows:
(To allow temporary occupancy while "as built" drainage and site plans
are being finished and filed)
(d) Ten1porary, conditional permits.~ ..T.he Building Offic:iallnay issue telnporary or
conditional permits if the Building Official detennines that:
(1) appeal or el1forcelnent proceedings are pending or contelnplated;
(2) the permit helps to reconcile two or more applicable regulations;
(3) in the case of a protect including Inaia! developlnent.. it appears that tIle
worl( has been completed in cOlnpliance with applicable regulations. and
the permittee is diligently pursuing the preparation of an "as built" site plan;
or
(4) the pennit helps achieve compliance with an applicable regtdation~
The BuildiJlg Officiallnay cause a notice of such a temporary or conditional occupancy per.mit 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:
(To set basic rules for site plans and require two versions: "as designed"
and "as built")
See.. 6.403~ Surveys; Site Plans.
(a) Basic survey. For each develoPlnent project for whiel1 a pertuit is required, the
applicant must SUblnit a boundary survey showing all existing and proposed stnlctures. TIle
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Building Officialrnay w.aive this requirelnent if substantially equivalent infonnation is available
from other sources.
(b) Fonns survey~ For each Inajor develoPluent project and eacl1 new fOlmdation of a
building, the applicant lTIUst subnut an additional survey showing tIle actual location of all foullda-
tion forIns or guides as set upon the grounda The survey IllUst s110w tllelTI Thc.y Ill-list be located
aGGurateJy with respect to the boundaries of the building site~ This additional survey must be
delivered to tIle Building Official not later than noon on the flIst City worlcing day preceding tile
day on which tIle 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 ll1akes a note on
such survey to the effect that the proposed foundation appears to COll1ply with applicable
regulations., e.~ yard and site regulations.
(c) .DraiJ1age~ elevation (survevs and draYVingL~). This Code requires additional slu~veys or
drawings for drainage~ in certain cirCU111stances. See. e.gq Section 6.405 and Chapter 20. The
zoning ordinance requires a survey to establisll the standard base elevation.
fe7 (dlStandards. All surveys, drawings and site plans (including their forln~ SCODe~ lnedia
and certifications) Inust Ineet standards prescribed by the Building Official. The Building Official
Inay require sublnission of site plans .in reproducible form (e~g~~ lTIvlar) and in electronic forln~
(e) Site Plans.
(1) lute.fit: TIle intent oftllis subsection is to aid persons who Inllst cOlnply with
applicable regulations-- not only during constluction but also t.hereafter--bv
asselnblin~~ coordinating~ and recording inlportant slrrveys~ drawings and
co.moliance data.
WIlen required: Hlow nnpact" exception: A site plan is required for protects
involving luajor developlnent or grade raising. Exception: No site plan .is re~u.ired
for small-scale proiects if the Bujld.ing Offi.cial issues a low-iInpact certification
after deterluining that tIle proiect will have no irnpact.. or very lninor impact upon
yards required by the zoning ordinance~ neighborin.g property and drainage
patte.ms.
Content: Each site plan lnust clearly depict the following~ as applicable:
(i) basic survev~
(ii) farIns survey (after it becolnes available)..
(iii) drainage or topographic survev't
(iv) standard base elevation survev..
(v) easelnents and plat restrictions~
(vi) bu.ildings and other Inaia! structures<\
(vii) open areas" pervious areas" landscaping strips~ required trees and pervious
areas for trees ~
yard s or "setbacks~ "
fences~
Inechanical equipment
garage openings" paven1ent parking areas~ drivewavs~ elnergency
accesswavs~ fire zones~ sidewalks't loading areas.. curb cuts.. waste storage
areas and special screens~
(2)
(3)
( viii)
(ix)
(x)
(xi)
Page 2 of 8
(xii) drainage facilities.. and
(xiii) other features and facilities required to comply with applicable regulations
(see~ e.gq this Chapter 6, Chapter 9~ Chapter 1.9.. Chapter 20, Chapter 22.
the zoning ordinance and other aoplicable regulations ).
(4) Preparation and Processing ("As Designed" Site Plans):
(i) A prelnuinarv version of the site plan (sl10winQ "as designed" conditions)
lTIUSt be filed witll the Buildin{! Official before issu.ance of the initial oernnt
for the pro ject.
(ii) The Building Official shall approve the "as designed" plan" unless the
.Building Official notices SOlne non-colnpliance with this section or other
applicable regulations.
(iii) No permit may be :issued until the "as designed" site plan is aporoved.
(5) P reo ara tion and Proc ess fig ("As B lli.lt" Site Plans):
(i) Each pernuttee tuust certify an.d deliver the [mal version. of the site plan
(sh.owing "as built" conditions) to the Building Official bv th.e sooner of
the 30th day following cOlTIoletion of the proiect (including final
€!round cover and landscaping)~ or
the 30th day follow.in.g: the expiratio.n of tIle perlnit.
(ii) The oernuttee lUUst formally certify that:
the "as built" site plan accurately depicts "as built" conditions~ and
both the plan and the conditions cOlnply with applicable re~ulatjons.
lithe pennittee is not the owner~ the owner lTIUst aclc.nowledge reCeiVlllg
the site plan and consenting to its filing and recordation.
Ciii) The "as built" site plan lTIUSt include the "as built" drainage plan (if
requ.ired) and any required supporting dOCUlnents.
(iv) TIle Building Official shall approve the "as built" plan.. unless the Building
Official notices SOIne non-colupliance wit}l tlllS section or other applicable
re gula tions.
(v) Any review fee for the "as built" official site plan Inay be waived if the
Building Gille ial d et ernlines tha tthe "as built" p Ian .is no t su bst an tiallv
different frOlTI the approved "as designed" plan and can be readily
compared.
(vi) No final occupancy permit or sinular approvallnay be issued (except a
telnporary certificate of occupancy) until tile "as built'~ site plan is
approved.
(6) Filing and Recordin~: The Building official shalllnaintail1 flies for site plans.. as
approved. The fues l11av be electronic. The Bllilding Official shall record "as
built" site plans (or notices of saIne) in the COllntv real property records.
(7) Alnendlnents: Al11endlnents to site plans are handled in the sallie Inanner as
original plans. ExceptioJ1.~ The Building Official shall provide an expedited, low-
cost procedure for 3lnendlnents that ill the iudmnent oft.he Building Officiat will
have no impact" or velY luinor ilTIPact upon yards required bv the zorrin.~
ordinance~ neighborin~ property and draina~e patterns.
Page 3 of 8
(1) Con1pliance required. It shall be unlawful for any person to erect~ constnlct, alter; use~
own~ possess or control any structure or grade-raisin~ project without: (i) providing the Sllfveys
and site plans required by this section atld en) otherwise cOlnplyiI1g with this section.
Drainage
A.. Amend Section 6,,405
of the Code of Ordinances
to read in its entirety as follows:
(To clarify and strengthen regulations and require mitigation of drainage
"across property lines" ")
(Note: Section 6.405 is very heavily revised and NOT marked to show
changes.)
Sec. 6.405. Site drainage; drainage plans~
(a) Basic drainage requirements. For each ilnpact area (see defmitio.n below), tIle
perlnittee must prepare a drainage plan and obtain the approval of the building official, as required
by this section. (Exception: No drainage plan is required for a project if the Building Official
.issues a "low ill1pact" certification after determining that the project will probably have no
drainage itnpact, or very low unpact, upon neighboring property~) In addition, each permittee,
eacll successive owner and each Sllccessive person in control of an impact area has a continuing
duty to:
(1) provide basic site drainage (see definition below) at all tiInes, 11111ess
otherwise specified in an approved drainage plan or an approved
anlendlnent, and
(2) cOlnply with the approved drainage plan (if the plan was reqllired by this
Code or any prior City ordinance) or an approved alnendlnent at all tilnes.
(b) Definitions. In this section, tIle following terlns have tIle lneanings shown., llnless the
context clearly indicates a different meaning:
(1) uBasic site drainage" Ineans drainage that: (i) captures substantially all of
the rainwater that would fall onto tIle iInpact area, aSSUIl1lllg a rainfall of
(/1/& /:.vCI/ in one 11our: and (ll) causes that rainwater to be absorbed
witllin the saIne building site or conveyed to a lawful receiving place for
ra.lllwater, Wit110ut escaping onto any otller site and witllout washing
detectable quantities of soil or debris off tIle building site~ ,Rainwater Inay
be conveyed across another site, if properly allth.orized by perpetual,
recorded easelnent or a siInilar interest in tIle lan.d~
(2) "Ilnpact area" 111eans the area where grade-raising or Inajor developluent
occurs (or occurred after July 7, 1991). In the case oflnajor developlnent,
the entire building site is included in the nnpact area.
Page 4 of 8
(ii) The Building Official shall approve the "as designed" plan, u~nless
the Building Official notices SOIne non-colnpliance with this section
or other applicable regulations.
(iii) No pernut l11ay be issued until the "as designed'~ site plan is
approved.
(2) Preparation and processing, '~as built" plans:
(i) Each perlnittee lllUst deliver the '~as built" version ofth.e drainage
plan to the Building Official by the sooner of:
the 30th day following cOlnpletion of the project (inclllding
fmal ground cover and landscaping), or
the 30th day following the exp.iration of the pern:1it.
As provided by this Code, the drainage plan Inay be Sllblnitted as a
cOlnponent of a site plan.
(ii) TIle Building Official shall review and approve the "as bllilt" plan,
unless the Building Official notices SOIne non-colnpliance with this
section or other applicable regulations.
(ui) Any fee charged by the City for reviewing the "as built" drainage
plan. lnay be waived if the Building Official deterlnines that the "as
built" plan is not substantially different froIn the approved "as
designed" plan and can be readily cOlnpared.
(iv) No final occupancy pertuit or slllular approval (except a telnporary
certificate of occupancy) Inay be issu.ed until the "as built" drainage
plan is approved.
(3) Alnendlnents:
Alnendlnents to drainage plans are handled in tile sal11e Inanner as original
plans. Exception: No aluended drainage plan is required for a project if the
Building Official issues a "low uupact" certificatioll after deterlnining that
tIle project will probably have no drainage itnpact, or very low i1npact~
upon neighboring property~
(e) Drainage plans; implementation. Either telnporalY or perlnanent lueasures to ach.ieve
basic site drainage lTIUSt be put into effect before grade-raisin.g work or Inajor developlnent starts.
Any telnporary Ineasures must remain in effect until pennanent Ineasures are installed and are
operating as designed. Telnporary lueasures Inay incorporate an or part of the per111anent
Ineasu.res~ Permanent IneaSllres lllUSt be installed and operating as designed as SOQ.ll as pract.icable
after grade-raising wor.k or luajor developlnent is cOlnpleted.
(f) Other rights and duties. Some persons lnayhave State-created or recognized rights
and dllties with respect to surface water and drainage. For example, under State water laws, a
property owner lnay have the rigllt to allow water to drain naturally onto neighboring property,
and. tlle owner of tlle neighboring property Inay l1ave the duty to receive tlle water. Neit11er tllis
Code nor any actions taken by City officials shall ever be interpreted to ditninish any other rights
or. duties arising under State water laws. Any person receiving a City permit or other approval
remains obligated to carry Olli all State-created duties and to respect all State-created rights,
whether cOlnpelled to do so by tIle City, or not. Every property owner relnains free to pursue all
Page 6 of 8
(c) Drainage plans,~ content, types, etc. The applicant IllUSt prepare each drainage plan in
DNa versions: "as designed" and "as built." The reqllirelnents are as follows:
"As des ia oed" V e rs ion
."""
( 1) A topograph j c survey drawing --the impact area and the recei ving po ints far ru non: U as-i s,~' befo re \vork on th e si te
(with sufficient ~~spot" elevations begins
and f1 ow directions, as d eterm j ned
by the Building Official) showing-- ~~established drainage patterns across property 1 ines
(2) Clear drawings and descriptions ~provide basic site drainage
of temporary and permanent --mi ni mize th e am aunt of fill and tree da mage
den inage measu res Uas designed"
that _w
~provides drainage away from building foundations as required byapplicH.ble
regul ati ons
-mi tigate significant interference with estab lis hed dra i nage pa tteros across property
I ines toward the impact area (up to the capacity of a four~inch drain pipe-or its
eQuivalent--1Tom the rear of the site to the street)
-provides for basic stormwater quality protection as may be required by appl iC<1ble
regul ati ons
(3) A written certiti cati on, signed and seal cd by the perIni tree that t he Has-des igned,t drainage measures wi [I meet the
requ i remen ts set out above.
(4) Additional information requested by the Building Officia l
~'As bui It" Version
( I) CI ear drawings and --substantially conform to the "as-designed~' version of the drainage plan, including the
descrjpti ons of topo gra ph i c survey da ta
penna nent drainage -provide basic site drainage
Jneasures "as bui It'l that-
- -~mi ni mize th e am aunt of fill a nd tree da roage
~provide drainage away from building foundations as required by applicable regulations
-lnitigate significant interference Vlith established drai nage patterns across property 1 ines
toward tbe itnpact area (up to the capacity of a four-inch drain PlPe--or its equivalent--fronl the
rear of the site to the street)
-provides for basic stonTIwater quality protection as Inay be required by applicable regulations
(2) A written certification that the "as-built't drainage nleasures meet the requirements set out above, signed by the
permi ttee
(3) Additional information requested by the Building Official
(d) Drainage plans; preparation, etc.
(1) Preparation and processing, "as designed" plans:
(i) The Has designed" version of the drainage plan lTIUst be filed with.
the Building Official before issuance oftlle initial perlmt for the
project. As provided by tlus Code, the drainage plall1nay be
subnutted as a cOlnponent of a site plan.
Page 5 of 8
(....
State-created rights and relnedies against other property owners, and it is neit11er reqlt.ired n.Qr
appropriate to involve tile City in any such proceeding.
B" Amend Section 20.004
of the Code of Ordinances
to read in its entirety as follows:
(To require "as designed" site plans early, in the case of subdivisions)
Secoa 20oa004. Applicability, reviews, and site plans.
(a) Generally. AU 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 slibdivision 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 recolnmendatiollS to tIle Z&PC on said
s ubdivis io n req ue st.
(b) Site plans. For all proposed plats or replats (except replats ofpreviouslv-develooed
SFR sites to create revised SFR sites" each w.ith 5..000 square feet or more) dGvc.lopnlGnts, except
conventional single-fclllJily, detached hOUSGS m thG Sf-I, Sf-2 01 Sf J District, the following
apply:
(1) an. an "as designed" OffiGlal site plan covering the entire area to be platted or
replatted mGc.til1g, City standards fur appro val (including this Chapter, CL.aptcJ G,
Chapter 9, Chaptc.! 19, Cha.ptcr 22, the. zoning ordina.llGc as ",ell as other
applicable 1 Ggulations), mttSt shall be flied as part of tIle filing package for any plat
or replat prelilninarv plat approval;
(2) each "as designed'~ offi-eicti site plan tnttSt shall meet City standards for site plans
apploval (see Chapter 6), except that the plan l11ay olnit (or silnplify) building
details and other infoflnation unnecessary to establish easements.. lot ditnensions..
reserves.. streets~ other plat features or required facilities for drainage.. utilities~
access.. etc. (all as deternuned by tIle Building Official and confumed by the
Z&PC) :
(3) after final plat approval, the applovGd official Has designedH site plan, as approved
bv the Building Official, shall be filed mllong the City's plat records, witll tIle
original recorded plat, in addition to other fIling and recording required by Chapter
Q; and
(4) all construction in a platted or replatted area tnttSt shall cOlnply substcm:tially with
the approved official "as-designed~) site plan SUbtfutted and filed in GO.llhcGt.i.on with
the, plat or IGplat, llnless otl.le.r wise authorized bv all. aluen.ded another official site
plan (or an amendlnent) approved under Chapter 6.
(5) In addition to tIle Sltbdivision site plan.. a lTIore-detailed site plan and drainage plan
lTIllst be prepared for each individual building or grade raising proiect as reqllired
bv otller sections of this Code.
Page 7 0 f 8
RGviG~ and apploval of site.. plal15 is h'lndlcd by the buildini, officia.l, who Inay be.. advised by a
Gonmuttce of tile Z&rC 01 a designee Oft11G Z&rc. Appeals froin. Hle buildmg offic,jal are hecdd
by the. z&rc Icgaldhlg all matters w ithil1 the platting jlu13diction oftllc Z&rCa OthCl 'Lppc,ds are
heard m Hie usu'1.11.oan1.1Ct, by cithcl the DSC or the ZDA, dGpGnditlg upon the. issue.
(c) Engineering reports. In addition to otller engineering reports, the Buildirlg Official or
the Z&PC Inay require an. engineering report to delTIOnstrate that a site plan or a plat (or
develop.1nent thereo.n) will cOlnply with applicable regulations regarding parl<ing, driveway, egress
and drainage. They The Building Official or Z&PC Inay require that the reports be prepared by a
registered professional engineer.
c ad ell pd ates/S 4 0 si tcpIn oR 1 4
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