(a) 
LCRA nonpoint source pollution control technical manual adopted.
There is hereby adopted by the city, for the purpose of establishing rules and regulations for nonpoint source pollution control during the design, development, construction, alteration, or enlargement, of areas within the Lake Travis Watershed located within the city extraterritorial jurisdiction and/or city limits, such jurisdiction, delineated in exhibit “A, [to Ordinance CO42-07-07-12-3I]” the map of Lake Travis Watershed as maintained on file in the office of the City Secretary, that certain standards required by the Lower Colorado River Authority nonpoint source pollution control technical manual, being the most current edition thereof, and the whole thereof, as amended from time to time by LCRA, including later editions. One (1) copy of said code is now on file in the office of the City Secretary, and the same is hereby adopted and incorporated as fully as if set out at length herein, and the same shall be controlling in the design, development, and construction of all subdivisions within the city limits and extraterritorial jurisdiction of the city located within the Lake Travis Watershed.
(b) 
Application of article and coordination with other sections.
(1) 
This article sets out special requirements for the subdivision of land located in the Lake Travis Watershed, which, for the purpose of this article shall mean all land on the map adopted hereby as exhibit “A” [to Ordinance CO42-07-07-12-3I] and on file with the City Secretary which is both:
(A) 
Within the extraterritorial jurisdiction or city limits of the city; and
(B) 
Not included within one of the other watershed areas delineated thereon.
(2) 
A person wishing to subdivide land in the Lake Travis Watershed must comply both with these special requirements and with the applicable requirements of other provisions of this code of ordinances. When the land being subdivided is located partially within and partially beyond the Lake Travis Watershed, this section shall apply only to that portion of the land within the Lake Travis Watershed.
(3) 
In case of conflict between the requirements of this chapter and any other chapter, the requirements of this section govern.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)
(a) 
Authorized activities; permit required.
Except as provided in subsections (b), (c), (d), and (e) below, no landowner or land user subject to this article may commence or conduct development in the Lake Travis Watershed in Travis County in the city limits or extraterritorial jurisdiction of the city without first obtaining an NPS pollution control permit from the city. Prior to commencing development, the landowner or land user controlling or using the site and desiring to undertake development subject to this section shall pay an application fee and submit a complete application for a permit. By submitting an application, the applicant is authorizing the city to enter the site to obtain information required for the review of the permit application. The city shall issue a NPS pollution control permit upon the applicant’s submission of a complete permit application, payment of the application fee, and upon the city’s approval of the permit application. The provisions of this article regarding permit application and issuance shall be applied consistently, uniformly, and fairly to all applicants and permittees.
(b) 
Single-family residences.
No permit is required for the construction of a single-family residence on a single-family lot. Landowners or land users undertaking such construction shall, however, utilize the measures for controlling erosion and sedimentation described in the LCRA NPS pollution control technical manual during the construction process. Such landowners or land users shall, at the time of application for a building permit from the city, demonstrate the erosion and sedimentation control measures that will be used. A single-family residence is a detached structure designed for occupancy by one family as a residence.
(1) 
Construction of a single-family residence does not include construction of infrastructure such as roadways, utilities and drainage improvements.
(c) 
Existing development.
No permit is required for existing development. If, however, improvements or additions are made after the effective date of this article which substantially increase the amount of development, then the landowner or land user must obtain a permit and demonstrate that the pollution resulting from the development will meet the performance standards set forth in sec. 12.17.003 of this article. This subsection does not apply to single-family residences as described in subsection (b) of this section.
(d) 
Final plats.
Landowners or land users developing sites for which final subdivision plats have been approved by the city and Travis County prior to the effective date of this section do not need a permit and are not required to comply with subsections (1) and (2) of sec. 12.17.003 of this article. Such landowners or land users shall, however, comply with subsection (3) of sec. 12.17.003 of this article regarding erosion and sedimentation control. Such landowners or land users shall, at the time of application for flood control permits from Travis County, demonstrate the erosion and sedimentation control measures that will be used.
(e) 
Utility lines.
Landowners or land users installing utility lines must obtain a permit, but are not required to comply with subsections (1) and (2) of sec. 12.17.003 of this article. Such landowners or land users shall, however, comply with subsection (3) of sec. 12.17.003 of this article regarding erosion and sedimentation control. No permit is required for routine maintenance and installation of utility lines if a landowner or land user complies with the guidelines set forth in the LCRA nonpoint source control technical manual for such activity.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)
Except as otherwise provided in sec. 12.17.002 of this article, all development subject to this article shall achieve the following performance standards:
(1) 
Total suspended solids, total phosphorus, oil and grease.
(A) 
Total suspended solids.
For development on slopes between zero percent (0%) and ten percent (10%), seventy percent (70%) of the annual pollutant load in the stormwater runoff for total suspended solids shall be removed. For development on slopes greater than ten percent (10%) but less than twenty percent (20%), eighty percent (80%) of the annual pollutant load in the stormwater runoff of total suspended solids shall be removed. For development on slopes greater than twenty percent (20%), ninety percent (90%) of the annual pollutant load in the stormwater runoff of total suspended solids shall be removed. All development located within 500 feet of the 691 msl contour line (measured perpendicular to the contour line toward the shore) and on slopes between zero percent (0%) and ten percent (10%), must have seventy-five percent (75%) of total suspended solids removed after development is complete. All development located within 500 feet of the 691 msl contour line (measured perpendicular to the contour line toward the shore) and on slopes over ten percent (10%), must have ninety percent (90%) of the total suspended solids removed after development is complete.
(B) 
Total phosphorous.
For development on slopes between zero percent (0%) and ten percent (10%), seventy percent (70%) of the annual pollutant load in the stormwater runoff for total phosphorous shall be removed. For development on slopes greater than ten percent (10%) but less than twenty percent (20%), seventy-five percent (75%) of the annual pollutant load in the stormwater runoff for total phosphorous shall be removed. For development on slopes greater than twenty percent (20%), eighty-five percent (85%) of the annual pollutant load in the stormwater runoff of total phosphorous shall be removed. All development located within five hundred feet (500') of the 691 msl contour line (measured perpendicular to the contour line toward the shore) and on slopes between zero percent (0%) and ten percent (10%), must have seventy-five percent (75%) of total phosphorous removed after development is complete. All development located within five hundred feet (500') of the 691 msl contour line (measured perpendicular to the contour line toward the shore) and on slopes over ten percent (10%), must have eighty-five percent (85%) of total phosphorous removed after development is complete.
(C) 
Oil and grease.
For development other than single-family residences, on slopes between zero percent (0%) and ten percent (10%), seventy percent (70%) of the annual pollutant load for oil and grease shall be removed. For development other than single-family residences, on slopes greater than ten percent (10%) but less than twenty percent (20%), seventy-five percent (75%) of the annual pollutant load for oil and grease shall be removed. For development other than single-family residences, on slopes over twenty percent (20%), eighty-five percent (85%) of the annual pollutant load in the stormwater runoff of oil and grease shall be removed. All development other than single-family residences located within 500 feet of the 691 msl contour line (measured perpendicular to the contour line toward the shore) and on slopes between zero percent (0%) and ten percent (10%), must have seventy-five percent (75%) of oil and grease removed after development is complete. All development other than single-family residences located within 500 feet of the 691 msl contour line (measured perpendicular to the contour line toward the shore) and on slopes over ten percent (10%), must have eighty-five percent (85%) of oil and grease removed after development is complete.
Table 1 Summary of LCRA Performance Standards for Pollutant Removal Levels Incremental Pollutant Removal Requirements
 
Total Suspended Solids
Total Phosphorus
Oil & Grease
Flatter property (0–10% slope)
 
 
 
General
70%
70%
70%
Shoreline (within 500' of 691 MSL)
75%
75%
75%
Moderately sloped property (10–20% slope)
 
 
 
General
80%
75%
75%
Shoreline (within 500' of 691 MSL)
90%
85%
85%
(2) 
Streambank erosion.
Streambank erosion shall be controlled by designing the drainage system so that the amount of erosion and siltation occurring in the receiving streams is not increased. Specifically, the magnitude and frequency of the predevelopment one-year design storm shall remain the same. The one-year design storm shall be that storm as defined in the LCRA NPS pollution control technical manual.
(3) 
Erosion and sedimentation control.
Erosion and sedimentation shall be controlled throughout the development process in accordance with the LCRA NPS pollution control technical manual.
(4) 
Alternative performance standards for single-family subdivisions.
Development of single-family subdivisions that meets all of the following criteria need not comply with subsections (1) and (2) of this section:
(A) 
Minimum lot size of one (1) acre; and
(B) 
Street and drainage network is designed without curbs or gutters, or some other suitable design, so that runoff is treated using over-land flow methods to a vegetated buffer. The vegetated buffer must meet the slope and vegetative area cover criteria described in the LCRA NPS pollution control technical manual.
(C) 
Landowners or land users developing single-family subdivisions shall, at the time of application for building permits from the city, demonstrate the erosion and sedimentation control measures that will be used in accordance with the LCRA NPS pollution control technical manual.
(5) 
Sub-basin averaging.
It is the intent of this section to have a project, as a whole, meet the performance standards of this section. Each phase of a project shall also meet the performance standard when such performance standard is averaged with phases previously built or under construction. As such, averaging of performance standards between sub-basins is allowed under the following conditions:
(A) 
Performance standards shall be met or exceeded where drainage impacts an adjacent land owner or environmentally sensitive area.
(B) 
No off-site sub-basin discharge shall fall below the performance standard by more than ten percent (10%).
(6) 
Monitoring and reporting.
If a project proposes innovative BMPs, the city may require as a condition of issuing a permit, water quality performance monitoring of certain BMPs. Water quality monitoring shall last a period of at least three (3) years. The cost of monitoring, borne by the applicant, shall not exceed ten percent (10%) of the construction cost of all BMPs serving a project. During the monitoring period, the applicant shall submit annual reports showing the results of the monitoring efforts. The pollutant parameters to be monitored shall be determined at the time of permit issuance. The monitoring and reporting must be satisfactory prior to issuance of the BMP Maintenance permit.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)
(a) 
Preparation of permit applications.
Landowners or land users who must obtain an NPS pollution control permit from the city shall prepare the permit application in accordance with the LCRA NPS pollution control technical manual, which is incorporated herein by reference as if set forth in full and which may be amended from time to time by LCRA in accordance with sec. 12.17.010 of this article.
(b) 
Initial review.
After the application is accepted by the city, the city shall commence a technical review of the permit application for a period of time not to exceed sixty (60) calendar days. The applicant shall be promptly notified of any additional information that may be necessary for a completed staff review.
(c) 
Subsequent reviews.
If more information is needed to complete the technical review, an applicant shall have sixty (60) calendar days to submit additional information or revise the application. If the applicant provides the additional information within the sixty-day period, the technical review shall be extended for no more than thirty (30) calendar days. If the applicant does not provide the additional information within the sixty-day period, the city may return the application and all or part of the fees to the applicant.
(d) 
Application fees.
The application fees shall be as described in the fee schedule found in article 2.000 [of appendix A] of the City of Cedar Park code of ordinances. The fee is intended to cover the cost of processing applications, inspections, and other costs incurred by the city in the administration of this article. The fee schedule may be amended from time to time by the City Council of the city.
(e) 
Duration.
A NPS pollution control permit, unless terminated pursuant to subsection (f) or sec. 12.17.008(c), shall be valid for the life of a project or until a NPS best management practice permit is issued.
(f) 
Termination.
A city NPS pollution control permit shall be automatically terminated if the permittee has not commenced development within three (3) years from the date of issuance of the permit. Commencement of development means clearing the site and performing initial or rough grading of the improvements. Pursuant to Sec. 12.17.008(c), the permit may be terminated by revocation upon violation of a condition to the permit. If the city terminates a permit for nonuse and the term of fiscal surety is still in effect, the city may call on the permittee’s surety in order to provide permanent stabilization of the site.
(g) 
Fiscal surety.
Approval of a permit application is contingent upon the provision of fiscal surety in a form acceptable to the city in the amount specified in the permit which provides for the construction of NPS pollution controls (BMPs) in accordance with the permit and any other provision of this section. The amount of the surety shall not be less than one hundred percent (100%) of the cost of the NPS pollution controls (BMPs), as estimated by the professional engineer who seals the permit application. The term of fiscal surety shall terminate after the final inspection/concurrence letter has been accepted by the city.
(h) 
Permit amendment.
Modifications to an approved master plan, NPS pollution control permit or an NPS best management practices (BMP) maintenance permit shall require an amendment. Applications for amendments shall be made in and processed in accordance with the requirements of this section and the LCRA NPS technical manual regarding permit applications. The application for amendment shall clearly identify the items sought to be amended and the reasons therefore [therefor]. However, no permit amendment is required for minor field adjustments of temporary erosion and sedimentation controls. Requests for permit amendments to permits covered by a master plan shall have the effect, if granted, of automatically amending such master plan. A permit amendment for a master plan shall be required if there is a change in land use, or an increase in density or impervious cover. Permit amendments or amendments to a master plan shall be processed in accordance with the performance standards in affect [effect] on the date of the application for the area or phase covered by such amendment.
(i) 
Phased development/alternative application procedures.
When a phased development is proposed to be constructed over an extended period of time, the permit application shall be submitted and processed in accordance with these alternative procedures.
(1) 
Submittal of application and master plan.
Landowners or land users whose phased development require issuance of multiple NPS pollution control permits shall prepare an application for phased development in accordance with the technical manual, which is incorporated herein by reference as if set forth in full and which may be amended from time to time in accordance with sec. 12.17.010(b) of this article.
(A) 
The application shall include a master plan of the entire project for review by the city. The master plan shall be accompanied by sufficient data to reasonably demonstrate that the project can be developed in compliance with the applicable provisions of this article.
(B) 
The application shall include topographic maps, slope maps, drainage maps, vegetative descriptions, BMP facilities and locations maps, soil maps, pollutant load and removal calculations, preliminary phasing schedule, and any other information deemed necessary by the city to demonstrate compliance with this section.
(2) 
Initial review.
After the permit application and the master plan have been determined to be administratively complete and accepted by the city, the city shall commence a technical review of the permit application for a period of time not to exceed sixty (60) calendar days. The applicant shall be promptly notified of any additional information that may be necessary for a complete staff review. In the event that the city does not complete the review of the application and master plan within the time provided in this article, or within the time provided for subsequent reviews, the applicant shall be entitled to a full refund of the application fee.
(3) 
Subsequent reviews.
If more information is needed to complete the technical review, the applicant shall have sixty (60) calendar days to submit additional information or revise the application. If the applicant provides the information within the sixty-day period, the technical review shall be extended no more than thirty (30) calendar days. If the applicant does not provide the additional information within the sixty-day period, the city may return the application and all or part of the fees to the applicant.
(4) 
Master plan approval.
Upon approval of the master plan, the applicant shall be entitled to develop the project in accordance with the performance standards in effect on the date of the city’s approval. However, LCRA’s NPS technical manual may be revised from time to time, and revisions may reflect changes or alterations in certain BMPs relative to their ability to achieve the performance standard. Approval of a master plan does not exempt a development from compliance with revisions to LCRA’s NPS technical manual so long as the revisions do not prohibit the project from being built in reasonable conformance with the master plan.
(5) 
Duration.
(A) 
The applicant shall have one (1) year from the date of approval of the master plan to submit a completed permit application for the first phase of the project, or the approval of the master plan shall become null and void. The first phase of the project must represent development of at least ten percent (10%) or one hundred (100) acres, whichever is greater, of the total project or it will not be considered a complete permit application under this provision.
(B) 
Should the NPS permit for the first phase of the development of the project be terminated due to lack of activity as provided in subsection (f) or if termination occurs pursuant to sec. 12.17.008(c), the master plan approval shall become null and void.
(C) 
The applicant shall have five (5) years from the date of issuance of the BMP maintenance permit, or the completion of construction, whichever occurs first, to submit a completed application for each subsequent phase of phases, or approval of the master plan relative to such phases shall become null and void.
(D) 
Should a NPS permit for subsequent phases of development of the project be terminated due to lack of activity, as provided in subsection (f), or if termination occurs pursuant to sec. 12.17.008(c), the master plan approval relative to that phase or phases shall become null and void.
(6) 
Permit issuance.
The city staff shall issue a NPS pollution control permit after the applicant has demonstrated compliance with the requirements of this article. A permittee may not commence development until the permit is issued.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)
(a) 
Permit conditions.
All permits shall require the permittee to:
(1) 
Comply with all applicable sections of this article and conditions of this permit;
(2) 
Notify the city within forty-eight (48) hours before commencing any development;
(3) 
Obtain a permit amendment from the city prior to modifying the approved NPS pollution controls (BMPs); however, no permit amendment is required for minor field adjustments of temporary erosion controls;
(4) 
Install all NPS pollution controls (BMPs) as identified in the approved permit;
(5) 
Comply with the requirements of the LCRA NPS technical manual regarding formation of a property owners/maintenance association and any associated maintenance plans;
(6) 
Repair any siltation or erosion damage resulting from development;
(7) 
Inspect all temporary erosion and sedimentation controls after each rain of 0.5 inches or more, and at least once each week, and make needed repairs;
(8) 
Allow the city staff to enter the site for the purpose of inspecting compliance with the permit, or for performing any work necessary to bring the site into compliance with the permit;
(9) 
Designate a location on the site for the posting of notices;
(10) 
Keep a copy of the permit and all development plans on the site;
(11) 
Upon completion of development, a registered professional engineer shall certify in writing to the city that the NPS pollution controls (BMPs) were constructed in accordance with the permit conditions and this article;
(12) 
Promptly notify the city in writing of any change in the name, address, or telephone number of the permittee; and
(13) 
Assign the NPS pollution control permit and all rights and obligations associated therewith to the landowner, maintenance, or property owner’s association as applicable, upon completion of construction of the development if the permit is not already in the name of the person responsible for the BMPs.
(14) 
Pay all fees associated with the permit application in a timely manner.
(15) 
Perform all activities in accordance with all federal, state, or local laws or ordinances.
(16) 
Indemnify and hold the city harmless from any and all claims, demands, damages, actions, costs and charges to which the city may become subject and which the city may have to pay by reason of injury to any person or property, or loss of life, or property resulting from, or in any way connected with the permittee’s actions under this permit.
(17) 
No work is authorized that is not directly addressed in the permit application submitted to the city.
(18) 
Nothing in this permit is intended to amend or alter any legal rights or benefits previously granted to or vested in the city.
(b) 
NPS best management practice maintenance permit.
A BMP maintenance permit shall be issued to the developer or his/her assignee upon completion of construction of the infrastructure and BMP facilities required by the NPS development permit. In the event that the landowner, maintenance or property owner’s association does not accept the assignment, the developer shall remain subject to the terms of the NPS pollution control permit or best management maintenance permit, as applicable, until an assignment occurs or until the maintenance, property owner’s association, or landowner accepts issuance of a BMP permit.
(c) 
Additional permit conditions.
Additional permit conditions may be required as necessary in order to achieve compliance with the article.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)
(a) 
Right of entry.
Any person or his/her successors or assigns who has filed a permit application or received a permit under this section shall allow entry by the city on the site for the purposes of inspection and monitoring. Employees and agents of the city are entitled to enter any public or private property at any reasonable time for the purpose of inspecting and investigating conditions related to water quality and administration of this article.
(b) 
Predevelopment inspection.
After permit issuance, but before the installation of erosion and sedimentation controls and before development commences, the applicant shall provide a written request to the city for an inspection of the temporary erosion controls. This predevelopment inspection must be attended by the applicant, the city inspector, the design engineer, contractor, and field engineer. The city inspector will determine whether the temporary erosion and sedimentation controls will be in compliance with the permit. If the city does not conduct the predevelopment inspection within five (5) working days of receipt of the request for inspection, the applicant may proceed with development after the time for appeals has expired.
(c) 
Inspections during development.
During development, the city shall inspect the site to ensure that temporary and permanent erosion controls are being maintained and that the permanent NPS pollution controls (BMPs) are being constructed in accordance with the requirements of this article.
(d) 
Final inspection.
Upon completion of development, the city shall conduct a final inspection of the NPS pollution controls used. This final development inspection must be attended by the permittee, the city inspector, the design engineer, contractor, and field engineer. The city inspector will determine whether the NPS pollution controls are in compliance with the permit. If the NPS pollution controls are approved, the city shall release the permittee’s fiscal surety.
(e) 
Annual inspections.
All permanent NPS pollution controls (BMPs) will be inspected at least annually by the city. The fee for this inspection shall be included as part of the permit application fee collected by the city.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)
(a) 
Maintenance plans.
Prior to permit issuance, all applicants shall prepare a plan describing the measures necessary to maintain each NPS pollution control (BMP) required by this article in accordance with the maintenance guidelines set forth in the LCRA NPS pollution control technical manual. The maintenance plan must be submitted to and approved by the city. Upon receiving written approval of the maintenance plan from the city, the landowner or land user must record in the county deed records that the property is subject to an NPS pollution control maintenance plan and must also, upon transferring title to that property, place a restriction in the deed that states that the property is subject to an NPS pollution control maintenance plan.
(b) 
Maintenance required.
All NPS pollution control measures (BMPs) and their appurtenances shall be maintained by the applicant or subsequent landowner(s) or land user(s) pursuant to the approved plan. Land owners and land users shall form a maintenance association (MA) in accordance with this article prior to permit issuance. All MA’s must post financial security or create a maintenance fund for the purpose of maintaining all NPS pollution controls (BMPs) required by this article. The duties and responsibilities of an MA may be performed by a homeowners’ association, property owners’ association, or like entity if it meets the requirements of subsections (b) and (c) of this section. The maintenance of all BMPs shall be in accordance with the permit and the approved maintenance plan.
(c) 
Requirements for maintenance associations.
The applicant must submit to the city the approved articles of association for the MA, as well as a map showing the boundaries of its jurisdiction. The MA must have the following general powers which are reflected in the articles of association:
(1) 
Own and convey property;
(2) 
Operate and maintain common property, specifically the NPS pollution controls (BMPs);
(3) 
Establish rules and regulations;
(4) 
Assess members maintenance fees and enforce said assessments;
(5) 
Sue and be sued;
(6) 
Contract for services to provide operation and maintenance;
(7) 
If the MA is a homeowners association, it must have as members all the homeowners, lot owners, property owners or unit owners;
(8) 
The MA shall exist in perpetuity; however, if the MA is dissolved, the articles of association must provide that the property consisting of the NPS pollution controls (BMPs) shall be conveyed to an appropriate entity or similar nonprofit corporation capable of maintaining the BMPs; and
(9) 
It shall be clearly stated in the articles of association of the MA that:
(A) 
It is the responsibility of the MA to operate and maintain the NPS pollution controls (BMPs);
(B) 
The NPS pollution control(s) (BMPs) is/are owned by the MA or described therein as common property;
(C) 
There is a method of assessing and collecting the assessment for operation and maintenance of the NPS pollution controls (BMPs); and
(D) 
Any amendment that would affect the NPS pollution controls (BMPs) must be approved by the city.
(d) 
Phased projects.
If an MA is proposed for a project which will be developed in phases and subsequent phases will utilize the NPS pollution controls (BMPs), the MA must have the ability to accept future phases into the MA.
(e) 
Transfer of maintenance to political subdivisions.
Upon approval by the city, the applicant, landowner, land user, or permittee may transfer responsibility for maintenance of the NPS pollution control measures (BMPs) to a political subdivision. The political subdivision must maintain the NPS pollution control measures in accordance with the approved maintenance plan.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)
(a) 
Violations.
It is unlawful under this article:
(1) 
For any landowner or land user subject to the permit requirements of this chapter to commence or undertake any development or to cause, suffer, or allow another to commence or undertake development or redevelopment on his or her property without first obtaining a valid NPS pollution control permit from the city;
(2) 
For a landowner or land user subject to this chapter, but not required to obtain a permit, to commence or undertake development or to cause, suffer or allow another to commence or undertake development on his or her property without first complying with the performance standards, as applicable with this chapter; or
(3) 
For any landowner or land user subject to this chapter to conduct development after a stop-work order has been issued; or
(4) 
For any landowner or land user subject to this article to fail to maintain the best management practices in accordance with the NPS best management practice maintenance permit or approved maintenance plan.
(5) 
For any landowner or land user subject to this chapter to otherwise commence, construct or engage in development, or any other act, that violates a provision of this article.
(b) 
Stop-work order.
If the city determines that there has been development without compliance with this article, the landowner, land user or permittee shall be ordered to stop work. The stop-work order shall direct that no further development shall take place until the landowner or land user complies with this article. The stop-work order shall be in writing and, in the case of a permitted development, shall be posted at the site in the location designated for posting such notices. If the development is occurring on an unpermitted site, the notice shall be prominently posted at the site. Permittee may appeal the issuance of a stop-work order to the City Manager of the city by submitting in writing a concise statement of the reasons for believing that the stop-work order should not have been issued and citing the specific performance standards that the development should be exempt from the NPS section or the permit requirements. A request for appeal of the stop-work order must be received in the office of the City Manager within (10) days from the date that the stop-work order is posted. The City Manager may decide the appeal based upon the reasons stated in the appeal or may request additional information from the staff or appellant.
(c) 
Permit revocation.
A permittee shall have ten (10) days from the date that the stop-work order is posted, or ten (10) days from the date that the City Manager decides an appeal of the stop-work order, if an appeal has been submitted in a timely manner, to comply with the terms and conditions of the permit. If a permittee fails to comply within this period, the city may revoke the permit.
(d) 
Enforcement of best management practices (BMPs) maintenance permits.
If the city determines that a landowner, maintenance association (MA), permittee, or political subdivision is not implementing the approved maintenance plan or is not in compliance with one of the other conditions contained in the BMP maintenance permit, the MA, permittee, or political subdivision shall be notified of the deficiency. An MA, permittee, or political subdivision shall have sixty (60) days from the date that the notice is issued to comply with the maintenance plan or BMP permit condition. If the MA, permittee, or political subdivision fails to comply within this period, the city may perform the necessary maintenance and assess the MA, permittee, or political subdivision for the costs associated with the work performed. The city may also seek penalties as provided in this article.
(e) 
Penalty.
Any person violating provisions of this article shall be subject to a penalty of not more than ten thousand dollars ($10,000.00) for each violation. Each calendar day a violation exists shall constitute a separate offense.
(f) 
Other remedies and injunction.
Compliance with the provisions of this article may also be enforced through any and all other remedies at law or in equity including enforcement by injunction.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)
(a) 
If a unique or site-specific problem exists with the construction plans which makes compliance with this section [article] impractical or unwise, the applicant may submit an alternative plan to the Director of Engineering or his/her designee for consideration. The alternative plan shall provide alternatives that are practical and that contain approximately the same standards as required by this section [article].
(b) 
If the alternative plan is denied by the Director of Engineering or his/her designee, the applicant may appeal the denial to the Planning and Zoning Commission.
(c) 
The Planning and Zoning Commission may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings herein below required, the Planning and Zoning Commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, and expected type and volume of traffic.
(d) 
No variance shall be granted unless the Planning and Zoning Commission finds that all of the following are met:
(1) 
That there are special circumstances or conditions affecting the land involved such that the strict application at the provisions of this chapter would deprive the applicant of the reasonable use of his land; and
(2) 
That the variance is necessary for the preservation and enjoyment of substantial property rights of the applicants; and
(3) 
That the granting of the variance will not be detrimental to the public health, safety or welfare or injurious to other property or public facilities in the area; and
(4) 
That the granting of the variance will not have the effect of preventing the orderly development of the applicant’s land and/or land in the vicinity in accordance with the provisions of this chapter.
(e) 
Such findings of the Planning and Zoning Commission, together with the specific facts upon which findings are based, shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the applicant, standing alone, shall not be deemed to constitute undue hardship.
(f) 
All requested variances from this chapter shall be made in writing at least thirty (30) days prior to the date on which consideration is to be given by the Planning and Zoning Commission. Submittal shall be made to the Engineering Department.
(g) 
Planning and zoning commission shall hold at least one public hearing on each application.
(1) 
Written notice of all public hearings on proposed waiver shall be sent to all owners of property, or to the person rendering the same for city taxes, located within the area of application and within two hundred feet (200') of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notice may be served by using the last known address as listed on the latest approved tax roll and depositing the notice, postage paid, in the United States mail.
(2) 
Notice of all public hearings on proposed variances shall also appear in the local newspaper of general circulation within not less than ten (10) days before such hearing is held.
(h) 
Positive action of the Planning and Zoning Commission or City Council shall be recorded in the County Clerk’s office.
(Ordinance CO11-20-01-09-H1 adopted 1/9/20)
(a) 
Savings clause.
If any word, clause, sentence, or provision of this article or the application thereof to any person or circumstance shall be held to be invalid, the remainder of the article, and the application of such provision to other persons or circumstances, shall not be affected thereby.
(b) 
Amendment of the article, technical manual, or fee schedule.
This article may be amended by the City Council from time to time after notice and reasonable opportunity for public review. The LCRA NPS pollution control technical manual may be amended by LCRA’s general manager from time to time after notice and reasonable opportunity for public review. The fee schedule may be amended from time to time by the City Council after notice and reasonable opportunity for public review.
(c) 
Review.
This article shall be reviewed for its effectiveness for protecting the quality of water in Lake Travis no later than three (3) years from its effective date.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)