City of Blanco, TX Infrastructure and Public Improvements

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Chapter 6 Infrastructure and Public Improvements

§ 6.1 Purpose.

§ 6.2 General Standards and Requirements.

§ 6.3 Survey Control and Documentation.

§ 6.4 Parkland and Open Space.

§ 6.5 General Utilities.

§ 6.6 Water Infrastructure.

§ 6.7 Wastewater Infrastructure.

§ 6.8 Drainage.

§ 6.9 Wireless Transmission Facilities.

§ 6.1 Purpose.

The purpose of the Chapter is to assure that residential and nonresidential development projects constructed within the City of Blanco and its extraterritorial jurisdiction (ETJ) are adequately furnished with necessary public infrastructure, including roads, storm water drainage, water, wastewater, and open space resources.

Design and construction of infrastructure in the City and ETJ shall be consistent with the policies and guidelines of the City of Blanco.

The Planning and Zoning Commission and the City Engineer shall have an annual review of amendments to the City of Austin Criteria Manuals adopted by this Code and shall make recommendations to the City Council regarding the adoption of such amendments.

(Ordinance adopted 11/10/20)

§ 6.2 General Standards and Requirements.

Compliance with Standards.

Full compliance with the standards contained within this Code must be obtained before the issuance of a building repair, plumbing, or electrical permit for any structure within the jurisdiction of the City.

Required Improvements.

In the absence of any provision to the contrary, the subdivider, developer, or applicant shall provide the following improvements, as approved and the construction plans, in conformance with the standards, specifications and requirements of this Unified Development Code:

Streets including right-of-way, alleys, sidewalks, signalization, and street lighting;

Parking facilities;

Parkland and improvements

Permanent Monument Markers;

Drainage system including drainage easements, channels, storm sewer lines and inlets, basins, control structures, and landscaping;

Water system including utility easements, water distribution lines, fire hydrants, values, pumps, and water towers:

Sanitary sewer system including utility easements, sanitary sewer lines, manholes and lift stations;

Utilities for electric and telephone service and associated utility easements installed in conformance with the terms and regulations of the provider of said utility;

Gas and cable television and other telecommunication service and associated utility easements, when provided, installed in conformance with the terms and regulations of the provider of said utility.

The land proposed for subdivision or site development shall be adequately served by essential public facilities and services listed above. Adequately served is defined as having an approved construction plan that demonstrates that public facilities and services will be constructed.

All improvements must be designed and installed so as to provide for a logical system of utilities, drainage, and streets and to create continuity of improvements for the development of adjacent properties. Pedestrian, vehicle, water, wastewater, and drainage improvements must be extended to the perimeter of a subdivision.

Where a residential subdivision contains sewers, sewage treatment facilities, water supply systems, parks and grounds held in common, drainage facilities, or other physical facilities necessary or desirable for the welfare of the area, or that are of common use or benefit which are not or cannot be satisfactorily maintained by an existing public agency, provision shall be made which is acceptable to the City for the proper and continuous operation, maintenance, and supervision of such facilities. A copy of the agreements providing for the proper and continuous operation, maintenance and supervision of such facilities shall be presented to the City Secretary and approved as a form by the City Attorney at the time of final plat approval or site development permit issuance and shall be filed on record with the plat or permit thereof.

Review, Permit, and Enforcement Authority.

In fulfilling any responsibilities in this Section that require technical or other expertise, the City Secretary or designee of the Council shall rely on the assistance of the Director of Public Works or City Engineer or another designee for such expertise.

Plans for the improvements required by this Chapter shall be prepared and approved in accordance with the provisions contained herein and certified for accuracy and completeness by a registered professional engineer licensed by the State of Texas.

After completion of construction, the developer shall deliver to the City as built construction documents indicating all improvements, new construction, and upgrades. These documents shall clearly indicate the location of all improvements including the location of public utilities and infrastructure. The documents shall include a certification from a licensed Professional Engineer that all construction required by this code was performed in compliance with the standards and specifications required of this code.

During the course of installation and construction of the required improvements, the Director of Public Works, City Engineer, or another designee of the City Secretary shall make periodic inspections of the work to ensure that all improvements comply with this Code and other municipal, county, and State requirements.

Upon completion of installation and construction of all required improvements, the developer may seek acceptance of all public improvements by the City by submitting the required number of copies of as-built plans and a two-year maintenance bond in an amount as specified at the time of final plat submittal. In addition, the developer shall provide a statement signed by a registered professional engineer that all improvements have been installed and constructed in accordance with the submitted as-built plans.

A final plat or site development is required for all development within the City and its ETJ.

City approvals, including but not limited to building, repair, plumbing, or electrical permits, shall not be issued by the City for any structure on a lot in a subdivision or on a parcel for which a final plat or site development permit has not been approved and filed for record.

The City shall not repair, maintain, install, or provide any streets or public utilities or services in any subdivision for which a final plat has not been approved and filed for record, nor any parcel or lot for which a site development permit has not been issued, not which the standards contained herein or referred to herein have not been complied within full.

The City shall not sell or supply water, gas, electricity, or sewerage within a subdivision for which a final plat has not been approved and filed for record or parcel or lot for which a site development permit has not been issued, nor in which the standards contained herein have not been complied with in full.

Obligation to Provide for Improvements.

The developer is obligated to provide all infrastructure improvements required by this chapter as a condition of City Council approval for any final plat or site development plan.

Deferral of Obligation.

Upon request of the applicant or property owner, the obligation to dedicate or improve thoroughfare right-of-way or to make intersection improvements imposed on an application may be deferred to a later stage of the development process at the sole discretion of the City.

As a condition of deferring the obligation to dedicate rights-of-way for or infrastructure improvements, the City shall require the developer to execute a subdivision or site development improvement agreement specifying the amount and timing of the rights-of-way dedication or improvements to thoroughfares, including the posting or depositing of a letter of credit or other fiscal surety, in a form and under terms acceptable to the City, in advance of approval of the development application.

Cash Contributions.

In lieu of the obligation to dedicate or improve thoroughfares or make traffic-control improvements or post fiscal surety for subsequent construction to achieve road adequacy, the applicant may propose to make equivalent cash contributions based upon the development project’s proportionate share of the costs of improvements, which the City in its sole discretion may accept in satisfaction of road adequacy standards in this section.

Any funds accepted by the City shall be earmarked for construction of the improvements for which the contribution was made.

Advance Funding.

If the landowners determine to either fund in advance or fund more that [than] their pro-rata share, the City shall credit the developer’s future fiscal posting or take other action as appropriate.

For those contributions and improvements beyond the developer’s pro-rata participation, the City may either credit the developer’s future fiscal posting or reimburse the developer out of City funds or funds allocated from other area landowners’ contributions for those specific improvements.

Improvements provided by the City of Blanco shall be at the Developer’s cost or as specified in the development Agreement.

Whenever the proposed development’s share of the costs of an infrastructure improvement needed to mitigate impacts generated by the development is less than one hundred (100%) percent, the City may in its sole discretion:

Participate in the excess costs; or

Aggregate the costs of multiple improvements identified as necessary in the final plat and require improvements to only some of the infrastructure affected by the development.

City Participation in Costs and Completion of Improvements.

The City may participate in the cost of improvements required by this section in order to achieve proportionality between the impacts created by the proposed development and the obligation to provide adequate infrastructure.

In such cases, the property owner shall be responsible for the entire initial costs of infrastructure improvements, including design costs.

Reimbursement of the City’s agreed upon share of the costs shall be made as funds become available. The construction of improvements and the provisions for participation in costs by the City shall be included in a subdivision improvement agreement.

During the course of providing for improvements, the City shall cooperate with the developer in the use of its governmental powers to assist in the timely and cost-effective implementation of improvements. Such assistance shall not be construed to mean financial aid in actual easement acquisition, construction, or engineering cost. The City shall decide the level of use of governmental powers necessary and may assist the developer in determining different options for infrastructure if acquisition of right-of-way is not an efficient option. Specifically, the City agrees to:

Assist in the acquisition of necessary right-of-way and easements;

Assist in the relocation of utilities;

Assist in obtaining approvals from Blanco County;

Assist in obtaining approvals from TxDOT;

Assist in securing financial participation for major thoroughfare improvements from Blanco County, TxDOT or the Capital Area Metropolitan Planning Organization (CAMPO) or other area-wide transportation planning and management entities as may be established in the future.

Adoption of the City of Austin Criteria Manuals.

The following criteria manuals are hereby adopted by the City of Blanco for the purpose of establishing rules and regulations for improvements until such time that the City of Blanco may create and adopt a Criteria Manual or other such document regulating the design, construction, and modification of infrastructure.

City of Austin Transportation Criteria Manual: In regard to the design, development, construction, alteration, enlargement, repair, conversion, improvement, use, height, width, area, and maintenance or roadways and thoroughfares;

City of Austin Utilities Criteria Manual and Standard Details Manual: In regard to the design, development, construction, alteration, enlargement, repair, conversion, improvement, use and maintenance of water and wastewater facilities.

City of Austin Drainage Criteria Manual: In regard to the design, development, construction, alteration, enlargement, repair, conversion, improvement, use and maintenance of stormwater and drainage facilities.

Such portions that may be hereinafter amended, deleted, or modified by the City of Blanco shall be the governing document in the design, development, and construction of all improvements within the City limits and ETJ of the City of Blanco.

Where any provision of this Code conflicts with a provision or requirement of the adopted City of Austin Manual, the more stringent requirements shall control.

For the purpose of this Ordinance, all references within the City of Austin Criteria Manuals and City of Austin Standard Details Manual shall refer to “City Administrator, Public Works Department and/or City Engineer” unless noted otherwise herein.

Likewise all references to “Water and Wastewater Utility,” “Utility,” “Public Works Department,” or “Watershed Protection and Development Review Department” or any administrative subunits of these entities or their successors shall mean “City of Blanco Public Works Department and /or City Engineer” unless noted otherwise herein.

Likewise references to all forms, including but not limited to Application Forms, shall be construed to mean those corresponding forms used by the City of Blanco[.]

The City of Blanco “Standard Products List” shall mean products approved for installation by the City of Blanco Public Works Department and/or City Engineer.

Likewise all addresses, telephone numbers, or contact information in the City of Austin Utilities Criteria Manual and City of Austin Standard Details Manual shall be replaced by the corresponding information for the City of Blanco Public Water Department.

All water and wastewater fees and rates shall be as established by the ordinances of the City of Blanco.

Grandfather Provisions.

The provisions of this Section shall not be construed to prohibit the issuance of permits for any lot or undivided tract or parcel of land upon which a residence exists that was in existence prior to the passage of the City’s subdivision regulations (and any other amendments thereafter).

(Ordinance adopted 11/10/20)

§ 6.3 Survey Control and Documentation.

Subdivisions and all lots submitted for plat approval must provide monuments and control points as follows:

Control points shall be placed by a licensed land surveyor and must be in place prior to the installation of any roadway and utility improvements. Subdivisions that require infrastructure construction must have exterior corner documentation set prior to plat recordation. It is the responsibility of the surveyor signing the recorded subdivision plat and the Company he is registered to work under to ensure that the setting of interior lot and block corners be completed within six (6) months from the date of recordation.

To the extent that it is practicable, monuments should be installed in locations that will prevent disturbance or destruction of the monument by construction activities. Any monuments disturbed or destroyed during roadway construction shall be re-established in conformance with the provisions of this Code by a licensed land surveyor.

All corners of subdivisions, lots and points of curvature (P.C.), and points of tangency (P.T.) along boundary lines of subdivisions shall be marked with a one-half [inch] iron rod, sixteen to twenty-four (16-24) inches in length.

Where, due to topographic conditions, permanent structures, or other conditions, the view is obstructed between any two adjacent monuments, intermediate monuments shall be set so as to ensure a clear view between adjacent monuments.

Corner markers shall be a one-half (1/2) inch iron rod, or three-fourths (3/4) inch pipe, sixteen to twenty-four (16-24) inches in length and shall be installed flush with ground. Corners of all lots, block corners, street right-of-way P.C and P.T. monuments shall be marked with corner markers.

(Ordinance adopted 11/10/20)

§ 6.4 Parkland and Open Space.

Purpose and Applicability.

The purpose of this Section is to provide for the adequate provision of parkland and open space to meet the needs of a growing citizen population, including easements or land dedication.

It is hereby declared by the City Council that recreational areas in the form of neighborhood parks are necessary to the public welfare, and that the only adequate procedure to provide for parkland and park improvements is by integrating such a requirement into procedure for planning and developing property or subdivisions in the City, whether such development consists of new residential construction on vacant land or the addition of new dwelling units on existing residential land.

It is the policy of the City to require subdivides [subdividers] of residential subdivisions and lots to provide for parkland and park facilities at the time of development approval in proportion to the need for such improvement created by the developments and in proportion to the benefits received from contribution of such facilities.

The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, are the primary beneficiaries of such facilities.

The parkland dedication and park development requirements of this Section shall apply to every residential subdivision developed under the provisions of this Code and approved after the effective date of this Code.

Following initial imposition and satisfaction of parkland dedication and improvement requirements, additional requirements shall apply to revised plat applications for residential subdivisions only if such revised or renewed application results in an increase in the number of dwelling units. In such case, parkland dedication requirements then in effect shall apply only to the additional dwelling units proposed in the application.

Developments less than ten (10) dwelling units in size shall not be required to dedicate parkland.

Nonresidential developments, while not required to dedicate parkland may be given incentives to encourage the dedication of land for public parks or open space at the discretion of the City Council.

Such incentives may include, but not be limited to, credit for development intensities that could have occurred in the dedicated portion of the development to other areas within the same development.

Said incentives shall be approved by the City Council with a recommendation by the City Parks and Recreation Department.

The standard fees for contributions-in-lieu-of parkland dedication and minimum costs for improvements to parkland as specified in this Section may be updated from time to time on the basis of current development costs.

The Planning and Zoning Commission shall consider and make periodic recommendations to the City Council on such fees and costs. Additionally, the Commission shall consider and make periodic recommendations to the City Council on design standards and other provisions of this Section.

All such recommendations should be compiled and included within a Parks and Recreation Plan for the City, subject to final review adoption by the City Council.

Submittal Requirements.

Plans for parkland dedication or payment of fees-in-lieu of such dedication must be submitted with the preliminary plan.

The Planning and Zoning Commission shall make recommendations based upon the policies adopted by the City to the City Council concerning the amount and location of parkland and fees-in-lieu of parkland dedication.

The City Council shall have final authority on parkland dedication.

Surety for dedication of parkland shall be provided in the same manner as required of other subdivision-and-site-related construction as specified in Section 8.5 of this Code.

Requirements for Parkland Dedication.

The subdivision of any parcel or tract of land into a residential subdivision within the City limits or ETJ shall require the subdivider to set aside and dedicate to the public sufficient and suitable lands for the purpose of a park or make an in-lieu financial contribution for the acquisitioned development of parkland in accordance with the provision of this section.

No area or facility shall be dedicated for parkland purposes unless approved and accepted by the City.

All subdivisions of land receiving final plat, or alternative form plat approval based on this Code shall conform to the requirements of this Section. The City Council, as advised by the Planning and Zoning Commission, and subdivider may negotiate the combination of parkland dedication, payment of fees-in-lieu of required parkland, or any combination thereof, to satisfy these requirements.

Where a subdivider proposes to pay an in-lieu-fees as provided for this Section, the City Council may accept such payment as satisfying the parkland dedication requirements of this Code.

The City reserves the right to require the dedication of land for park purposes in conformance with the provisions of this Section rather than payment of fees-in-lieu of such parkland when one or more acres of land would be required to satisfy the parkland dedication requirements.

Formula for Calculating Area of Parkland.

The acreage to be donated prior to final plat approval by the Council of any residential subdivision shall be pro-rated in an amount equal to one and six-tenths (1.6) acres for every one hundred (100) new single-family dwelling units and one (1) acre for every seventy (70) multifamily dwelling units projected to occupy the fully developed subdivision.

Table 6.1 Parkland Dedication Requirements
Type of Development	Land Requirement
Single-Family	1.6 acres per 100 homes
Multifamily	1 acre/70 dwelling units
Less than 10 units	None

Fee-In-Lieu of Parkland Dedication.

The City Council may require a fee-in-lieu of parkland dedication and fees-in-lieu, in order to satisfy requirements of this Section.

The appropriate fee shall be imposed by the City at the time of approval of the preliminary plat and shall be paid prior to the release by the City of each final plat for filing in the deed records of Blanco County.

The City shall reserve the fees contributed in lieu of parkland dedication in a separate account from the general funds of the City, along with any accrued interest.

The funds shall be used to complete acquisition or improvement of parkland located within the Blanco City Limits or its ETJ.

If any or all of the funds are not spent [for] such purposes within ten (10) years from the date that they are collected, the subdivider shall have the right to request repayment by the City and the City shall refund the principal amount of all unexpended funds that were collected from the subdivider.

Where the fee in lieu of parkland is required or acceptable to the City Council as provided for in this Code, such fee shall be equal to $1,000.00 per single-family or multifamily dwelling unit within the subdivision, in excess of ten (10) such units.

Public Access and Parkland Dedication Required.

All parkland and improvements thereto shall be dedicated to the public, except that private parkland may be approved as provided below. All residents of Blanco and its extraterritorial jurisdiction, in addition to the owners of lots within the subdivision in which parkland is dedicated or fees-in lieu are contributed, shall have the same rights and privileges to use City parkland and facilities once the parkland dedications are made or fees are paid to the City.

Private Parkland.

The City may, in its sole discretion, give partial credit to the subdivider where a substantial private park and recreational area is provided in a proposed residential subdivision if the City finds that it is in the public interest to do so, provided that:

Such credit does not exceed fifty percent (50%) of the total acreage requirements for parkland dedication and funding requirements for park improvement set forth in this Section;

There is an amount of public open space and improvements provided or a proportional amount of fees-in-lieu of dedicated parkland and improvements provided in compliance with the parkland design requirements and improvement requirements specified [in] this Section in addition to the private parkland and improvements provided.

Yards, court areas, setbacks and other open areas required to be maintained by the rules and regulations of the City shall not be included in the computation of such private recreational open space;

The private ownership and maintenance of the open space and facilities is adequately provided for by recorded agreement, covenants or restrictions;

The use of the private open space is restricted for park and recreation purposes by recorded covenant, which runs with the land in favor of future owners of the property and which cannot be defeated or eliminated without the written consent of the City or its successors;

The proposed private open space is reasonably adaptable for use for park and recreational purposes, consistent with the parkland design requirements specified in this section of the Code;

The facilities proposed for the private open space are in substantial accordance with the provisions of the City’s Comprehensive Plan and other adopted plans or policies of the City;

The private open space for which partial credit is given is a minimum of two (2) acres and provides a minimum of thirty thousand ($30,000.00) per acre or portion thereof in park and recreation improvements, subject to the approval of the City, and that assurance is provided in a form acceptable to the City that the proposed dedication of land and improvements will be completed in a timely manner; and

The City shall have full discretion to consider, approve, or deny any request for credit for private parkland and recreation facilities as set forth in this Section. The Planning and Zoning Commission shall consider and make recommendations to the City Council on any such request.[1]

Editor’s note–Renumbered for sequence.

Parkland Design Requirements.

Any land to be dedicated to meet the requirements of this Chapter shall be reasonably located and adaptable for use as parkland and/or recreation facility, consistent with the policies of the City and park plans as may be adopted by the City Council.

The Planning and Zoning Commission shall make recommendations to the City Council regarding the suitability of proposed parkland. The location, access, size, shape, topography, natural drainage, utilities, parking facilities, and wooded areas and other vegetative cover of the parcel or tract of land to be dedicated shall be appropriate for public parks and recreation purposes.

Dedicated land of less than the minimum required acreage may be developed based upon the recommendation from the Planning and Zoning Commission that a smaller area is in the public interest, or that additional contiguous land will be reasonably available for dedication to or purchase by the City.

Such developments may be required to contribute fees-in-lieu of parkland or a combination of fees and parkland.

Whenever possible, the dedicated land should be adjoining a school site, public or nonprofit institution, church, or other community facility that enhances the open space and recreational benefit of the parkland.

The centralized location of a park within a subdivision is preferred. However, the City Council may, based on recommendation of the Parks and Recreation Commission, require the location of parkland at the edge of a subdivision so that additional land may be added at such time as adjacent land is subdivided or developed for public use.

All dedicated parkland shall be designated and located so as to meet the requirements of these regulations and shall be suitable for public parks and recreation activities.

Street access.

Unless specifically exempted elsewhere in this section, access to parkland designated on a subdivision plat shall be provided by the dedication of at least two hundred feet (200') of street frontage, in a manner satisfactory to the City.

A two hundred foot (200') by two hundred foot (200') corner site at the intersection of two (2) streets is preferred.

When the land abutting the designated parkland is developed, the subdivider of such abutting street frontage and shall provide water [and] sewer access to the boundary of one side of the delineated parkland area to meet minimum requirements of these regulations.

No linear parking will be allowed on such frontage.

Grade/Slope:

At least fifty percent (50%) of the dedicated land should not exceed eight percent (8%) grade;

Utilities:

Minimum service connections of two-inch (2") water line and six-inch (6") gravity sewer line or two-inch (2" pressurized sewer line and electricity line shall be provided and located along at least one (1) property line of the dedicated land;

Permanent Property Boundary Markers/Monuments:

Above-ground, grade-level survey markers are required to be set to Texas Board of Professional Land Surveying minimum.

Floodplains.

Areas falling within the one hundred (100) year floodplain of the main channels of the Blanco River may be dedicated in fulfillment of the dedication requirements, subject to recommended approval by the Planning and Zoning and then City Council.

Property within the one hundred (100) year floodplain but not along the main channel of the Blanco River may be dedicated at a ratio of three-to-one (3:1) measured in acres of floodplain in lieu of non-floodplain property.

At least twenty-five percent (25%) of the dedicated parkland must be outside the one hundred (100) year floodplain.

In no case will the width and/or breadth of dedicated parkland located outside of the one hundred (100) year floodplain be less than thirty feet (30').

Any disturbed parkland shall be restored, and the soil stabilized by a vegetative cover by the subdivider using approved xeriscape species.

Parking shall be provided in a manner determined by the City Secretary.

Greenbelts.

Greenbelt widths, right-of-way, and construction shall be in conformance with the requirements of this Chapter, and other Chapters of this Code, as they may apply.

In the case of areas that do not meet the grade, slope, or other requirements for parkland dedication found in this section, but that are known to contain sensitive environmental features, the City may, at its discretion and after review by the Planning and Zoning Commission, modify these standards subject to the following limitations:

That such areas shall provide recreational or educational opportunities for the surrounding community in lieu of parkland dedication;

That such areas shall be given a partial credit against the requirement of land dedication and/or payment of fees.

That such areas shall meet any additional standards deemed necessary by the City Council after a recommendation by the Planning and Zoning Commission, pertaining to the [sic]

Planning and Zoning Commission, pertaining to the dedication of land containing sensitive environmental features

Greenbelts and other recreational walkways or bikeways fronting on public roads will be required to provide the following minimum street frontage:

Table 6.3 Greenbelt Frontage Requirements
Road Type	Frontage Required (feet)
Nonresidential Subdivisions (all road types)	50
Residential Subdivisions:
Arterial	50
Collector	40
Local	30
Cul-de-Sac	15

Parkland Condition.

The park site shall be free of trash and debris.

If the condition of the dedicated parkland is disturbed during construction of subdivision improvements, then the subdivider shall be responsible for returning the dedicated land to its previous condition prior to or at the time of final plat filing.

The public improvements to be constructed per the applicable subdivision plat will not be accepted by the City until such time that the above conditions have been met.

Prior to dedication of parkland, the subdivider shall make full disclosure of the presence of any hazardous substances and/or underground storage tanks (U.S.T.’s) of which the subdivider has knowledge.

The City, at its discretion, may proceed to conduct such initial environmental tests and surveys on the land as it may deem appropriate, and the subdivider shall grant to the City and its agents and employees such reasonable access to the land as is necessary to conduct such surveys and tests.

If the results of such surveys and tests indicate a reasonable possibility of environmental contamination or the presence of U.S.T.s, the City may require further survey and tests to be performed at the subdivider’s expense as the City may deem necessary prior to its acceptance of the dedication, or in the alternative, the subdivider may be required to identify alternative property or pay the fees-in-lieu of such parkland dedication.

When the subdivider chooses to dedicate land that meets all of the design standards in this Section and is three (3) acres or more in size, the City shall be obligated to accept the land as parkland.

Park Development and Improvements.

The subdivider shall improve all dedicated public parkland with improvements approved by the City in an amount prorated to equal at least fifteen thousand ($15,000) per acre.

Design, specification, and construction of the improvements shall be subject to review and approval by the City.

Construction of the improvement must be completed within three (3) years of the City’s approval of the first final plat of the subdivision. Surety for construction of improvements shall be provided in the same in the same manner [sic] as required of other subdivision-and site-related construction, as specified in Section 8.5 of the Code.

In lieu of construction the improvements, the subdivider may elect to contribute the required amount of funds in lieu of construction to the City to meet the City’s current or future recreational needs.

In such cases, the City shall reserve the funds and any accrued interest for park improvements in a separate account from the general funds of the City.

The City shall proceed to complete improvements with the funds collected either in the park for which the fees were contributed or in a park located within a distance not to exceed one (1) mile from the subdivision.

If any or all of the funds are not spent for such purposes within five (5) years from the date that they are collected, the subdivider shall have the right to request repayment by the City and the City shall refund all unexpended funds that were collected from the subdivider.

If the subdivider elects to pay fees-in-lieu of parkland dedication in accordance with Section 6.4(3)c of this Code, then the subdivider shall pay to the City a prorated improvements fee of fifteen thousand ($15,000) per acre of parkland that is required to be dedicated, in addition to the fees paid in-lieu of dedication.

(Ordinance adopted 11/10/20; Ordinance 2022-O-012 adopted 12/13/2022; Ordinance 2022-O-013 adopted 12/13/2022)

§ 6.5 General Utilities.

Purpose and Intent.

The purpose of this section is to ensure the adequate provision of utility service of residents within the City and to protect the health, safety, and welfare of the community through standardization and quality of water, wastewater, and other utilities design and construction.

General standards apply to water, wastewater, electric, gas, telephone, and television, or data cable utilities.

Utility Installation Standards.

Wherever practicable with regards to topography and other constraints, all major utility service facilities shall be installed in the public right-of-way along the roadway. Individual service connections to end users may be installed out of the public right-of-way.

All new utility installations and modifications to existing utility facilities shall maintain the minimum vertical and horizontal separations from all other utilities required by the owner of said utilities and shall be installed in accordance with all applicable federal, state, and local laws.

When any new development takes place on any property within the City which either has been subdivided into two (2) or more lots, or is zoned or rezoned for commercial, office, multifamily, or industrial use, the owner or developer of any such lot shall refrain from constructing poles and installing overhead wires and associated structures, and instead, shall place all utility lines underground in accordance with sound engineering principles and in conformance with all building codes adopted by the City.

Existing utility easements shall be vacated, partially or wholly, upon dedication of public right-of-way.

Utility Ownership and Easement Rights.

In any case in which a developer installs or causes the installation of water, sewer, electrical power, telephone, or cable television, or other telecommunication facility and intends that such facility shall be owned, operated, or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities.

Any installation of water, sewer, electrical power, telephone, or cable television, or other telecommunication facility shall be coordinated with the City. Any developer installing or causing the installation of such utilities shall acquire the appropriate licenses required by the City prior to utility construction or installation.

When a developer will be completing a development in phases, and when utility services are planned to be extended through the completed development for connection to properties beyond the development.[,] The City may require an immediate dedication of the entire easement to ensure the orderly construction and extension of utility services in the areas beyond the developer’s tract.

Utility Lines Under Paved Streets.

All utility lines planned to be constructed under a paved street shall be installed before the street is paved. All utility lines installed under an existing paved street shall be installed by boring to a point at least five feet (5') beyond the edge of pavement and must be approved in advance by the City Engineer or City Council.

Whenever it shall be necessary for an owner or developer of property described above to extend existing utility lines across an intervening property or right-of-way not belonging to said owner the requirements of this section shall apply to the placement of all poles, overhead wires, associated structures, and utility lines across such intervening property or right-of-way.

Responsibility.

All expenses for installation of utilities and for construction costs associated with placing utility lines shall be borne by the developer of the lot or utility owner.

The Developer will pay to the City of Blanco a fee of $500.00 (five hundred dollars) for water infrastructure and a fee of $500.00 (five hundred dollars) for Wastewater Infrastructure per Dwelling Unit. If an on-site Wastewater System is utilized the Wastewater Infrastructure fee must be paid.

Standards for Water and Wastewater Utilities.

The Rules and Regulations of the Texas Commission on Environmental Quality (TCEQ), formerly Texas Natural Resource Conservation Commission (TNRCC), as published and adopted shall be the minimum standards for the design, installation, and regulation of water and wastewater facilities in the jurisdiction of the City of Blanco.

All developments in the City limits and ETJ shall be designed and sited in a manner that enables, to the maximum extent practicable, the connection to the City’s water and wastewater system, regardless of whether such connection is to be completed at the time of permit issuance.

All developments that are designed to be served by on-site sewage facilities shall be designed to allow, to the maximum extent practicable, the future extension of gravity sewer lines along the property lines and the connection of individual wastewater lines from such developments to the City sewer.

Inspection, Certificate of Occupancy and Appeal.

Prior to the Occupancy, the Director of Public Works or another designee of the City Secretary shall conduct at least two (2) inspections of the water and/or wastewater system.

One inspection shall occur after completion of the installation of underground facilities by prior to backfilling of any soil.

The second inspection shall occur upon completion of the entire system bit [but] prior to its operation.

The applicant or registered installer notify the City that an inspection is desired at least two (2) business days prior to the need for inspection.

The applicant or registered installer shall provide whatever reasonable assistance the City request in order to make the inspection and shall be present at the time of inspection[.]

The Director of Public Works for the City or a designee shall have the authority to approve or disapprove of the system. If there are materials, construction, or installation practices that are determined not to be in compliance with the requirements of the Code, then the City shall have the right to cause all development-related work to cease and desist until the City determines that the work can be or has been brought into compliance with applicable City regulations.

Revision of City of Blanco Utilities Criteria Manual.

The following provisions of the City of Austin Utilities Criteria Manual, contained herein as Sections 6.6 through 6.9, shall be applied in the jurisdiction of the City of Blanco to include the amendments adopted by the City of Blanco, whichever is more stringent.

(Ordinance adopted 11/10/20)

§ 6.6 Water Infrastructure.

[This section is being updated by Separate Document to reflect recent and upcoming changes to the City’s Infrastructure requirements.] (NEEDS CLARIFICATION)

Water supply required.

Every principal use and every lot within a subdivision and every site development within the City limits and ETJ shall be served by a water supply system that is adequate to accommodate the reasonable needs of such use or subdivision lot and that complies with all applicable health regulations.

Subdivides shall be responsible for providing an approved public water supply system in compliance with the City of Blanco Water and Wastewater Utility Plan.

Where an approved public water supply or distribution main is within reasonable distance of the subdivision as determined by the City Council, but in no case more than one-half (0.5) mile away and connection to the system is practicable, the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply.

The subdivider shall make a pro-rata contribution to funding of needed water supplies, storage facilities, treatment facilities, transmission, and distribution as determined necessary by the City.

The location of all fire hydrants, all water supply improvements and the boundary lines of special districts, private systems and certified areas, indicating all improvements proposed to be served, shall be shown on construction plans.

The cost of installing all water supply improvements to be made by the subdivider, including off-site improvements, shall be included in the performance guarantees furnished by the developer.

Water Design Requirements.

The subdivider shall install adequate water facilities, including fire hydrants, subject to the specifications of the regulations covering extension of public water systems adopted by the TCEQ.

Water systems shall be of sufficient size to furnish adequate domestic water supply, to furnish fire protection and water services to all lots, and to conform to the City of Blanco Water and Wastewater Utility Plan and specific plans for provisions of expanded capacity.

All water lines, except those in cul-de-sac, shall be connected to other distribution system water lines at both ends. Where it is not practical to connect a water line to the system at both ends, the dead-end water lines shall be the minimum size that will provide fire flow and pressure as required herein.

No water main line extensions shall be less than six inches (6") in diameter.

The design and layout of the water distribution system shall be acceptable to the State Fire Insurance Commission.

Fire Protection.

Fire hydrants shall be provided as required in the City of Blanco Utilities Manual and City of Blanco Standards and Specifications.

Standard three-way hydrants shall be installed and shall have a six-inch (6") or larger connection to mains with a minimum five-inch (5") valve opening.

Hydrants shall be properly located along streets so there will be a fire hydrant every three hundred feet (300') in commercial and industrial districts and every six hundred feet (600') in a residential district, so that every building will be within five hundred feet (500') of a standard fire hydrant.

Hydrants must be equipped with the National Standard hose threads.

Fire flows are required to conform to International Standards Organization (ISO) standards.

The City Secretary is responsible for providing a listing of required fire flows for distribution to applicants. The City Secretary is responsible for updating this listing whenever ISO standards change.

All fire flows shall be calculated with twenty pounds (20 lbs.) residual pressure.

Fire flow calculations and/or model run printouts shall be included with submittals for the City Engineer’s review.

Individual Wells.

If connection to a centralized water supply is impracticable, individual wells for each lot may be used in a manner so that an adequate supply of potable water will be available to every lot in a subdivision.

Individual wells shall be approved by the county health official and all other applicable well-permitting authorities, and this approval shall be documented by the health official’s signature on the water system statement on the plat.

(Ordinance adopted 11/10/20)

§ 6.7 Wastewater Infrastructure.

Sewage Disposal Facilities Required.

Every principal use and every lot within a subdivision shall be served by a sewage disposal system that is adequate to accommodate the reasonable needs of such use or subdivision lot and that complies with all applicable health regulations.

Wherever it is legally possible and practicable in terms of topography to connect a lot with a City wastewater line by running a connecting gravity or pressure line not more than five hundred feet (500') from the lot to such line, then a Certificate of Occupancy may not be granted until such time that connection is made to such line.

Connection to such wastewater line is not considered legally possible if, in order to make connection with such line by a connecting gravity or pressure line that does not exceed five hundred feet (500') in length, it is necessary to run the connecting line over property not owned by the owner of the property to be severed by the connection, and after diligent effort, the easement necessary to run the connecting line cannot reasonable be obtained.

An owner of improved real property may be excused from compliance with this subsection if the owner has received a written determination from the City Engineer that is not feasible for the domestic sewage facilities on the owner’s property to be connected with the City’s wastewater collection system.

Connection of uses to the City’s wastewater collection system shall be made in the most direct manner practicable, and a separate connection to the system is required for each building.

The owner of a tract of property is responsible for all the costs of connecting the property to the organized system.

It is unlawful for any person to use or maintain a cesspool or pit privy within the jurisdiction of the City. Developments within the ETJ must comply with the requirements of Blanco County and the State of Texas pertaining to cesspools and pit privies. It shall be unlawful for any person to use or maintain any wastewater facility not permitted and/or not constructed in accordance with applicable state rules at the time of construction.

Wastewater Design Requirements.

All on-site wastewater installations shall be designed by a Licensed Professional Engineer registered to practice in the State of Texas or a Registered Sanitarian registered to practice in the State of Texas.

The Engineer or Sanitarian shall provide a letter certifying that the completed construction of the wastewater system meets the State of Texas, and Blanco County Standards.

Whenever the standards and specifications of the Blanco County, and the State of Texas conflict, the more restrictive requirements shall govern.

All wastewater extensions and connections to the City wastewater system shall be designed in accordance with the City of Blanco Utilities Criteria Manual, Section 2, “Water and Wastewater Design Criteria” and the City of Blanco Standards and Specifications Manual, except as noted herein.

In the case of new construction of residential or commercial buildings, the Certificate of Occupancy shall not be granted until the letter from the designing Engineer or Sanitarian certifying that the wastewater system is constructed according to the minimum standards of the State of Texas, the City of Blanco, and Blanco County, whichever are more restrictive, is received by the City, and the Director of Public Works or another designee of the City Secretary has approved the system.

A written appeal may be made to the Planning and Zoning and then if desired to the City Council of a decision by the Director of Public Works or another designed [designee] of the City Secretary for the City to reject a request of a Certificate of Occupancy within ten (10) days of the rejection of the Certificate request. The appeal will be acted upon at the following meeting of the Planning and Zoning and if requested by the next meeting of the City Council.

Wastewater Permits.

A permit for the construction of a wastewater collection system and/or service connection shall be required.

Three (3) copies of the plans for the wastewater collection system and/or service connection including a plat showing the location of the system shall be required. The plans shall show the seal of the engineer or sanitarian responsible for the design.

The City Engineer shall review the plans for the proposed wastewater collection system and/or service connection and recommend issuance of a permit if he determines that the plans are in compliance with all the requirements set forth herein.

On-site Sewage Facilities.

General Requirements.

All systems shall be designed in compliance with the “Design Criteria for On-Site Sewage facilities,” Texas Administrative Code 30 TAC 285.1-285.91 and the Blanco County “Rules for On-Site Sewage Facilities.”

Inspection of new facilities.

All new on-site sewage facilities shall be inspected according to City and county policy.

Upon satisfactory evidence that a new on-site sewage facility has been properly designed and constructed and completed in compliance with this Section, and that all other applicable federal, state, county, and local regulations have been complied with, the City shall issue a final permit to maintain and operate said facility.

Should ownership of any property served by on on-site sewage facility installed or constructed under the provisions of this section be transferred, the new property owner, within thirty (30) days of the change of ownership, shall renew either the construction permit or the maintenance and operation permit; and the terms and conditions of said permits shall be binding upon all successors in interest to the property.

System Monitoring and Alarm.

All on-site sewage systems shall be required to have a separate monitoring and emergency alarm system installed by a licensed professional at the facility and approved by the City.

Further, any on-site sewage for aeration, grinding, pumping, or other such purposes shall be installed with a separate monitoring and emergency alarm system, of a design and installation to be reviewed and approved by the City, prior to its operation and issuance of a permit.

Such monitoring and alarm system shall be activated and maintained in good operating condition at all times, as a condition of the permit.

Restrictive Covenant and other Conditions.

In connection with and as a condition for the issuance of a permit for the installation or construction of an on-site sewage system, the property owner shall execute an agreement with the City, entitled “Restrictive Covenant” to be filed among the Property Records of the Blanco County Clerk, wherein the property owner covenants and agrees that:

Within ninety (90) days of the date the City notifies the property owner in writing that the City wastewater collection line or any extension thereof runs within five hundred (500) feet of the property line, the owner shall, at his expense, connect his sewer line to the City system;

If the property owner fails to connect his sewer line to the City’s wastewater collection system as provided above the property owner agrees that the City may perform any work necessary to accomplish the connection; in this regard, the owner agrees that the City employees, officers, and agents, upon reasonable notice to the property owner and presentation of proper credentials, are authorized to enter upon his property and complete the connection;

If the City performs the connection work described above, the property owner agrees to pay the reasonable costs thereof and a reasonable administrative fee and sewer line tap fee, which expenses, if not paid as directed by the City, shall constitute a lien upon the property to be established in accordance with State Law; and;

The covenant shall be binding upon the property owner and any successors in interest to said property.

In connection with and as a further condition for the issuance of a permit for the installation, construction, operation, or maintenance of an on-site sewage facility, the property owner shall agree that, in the event an alarm or monitor condition indicates that the facility should be emptied or is leaking or otherwise malfunctioning, the property owner shall promptly have the facility pumped out to avoid any overflow or agrees to take any corrective action necessary to remedy the malfunction or leakage. If he fails to take whatever corrective action as required after due notice and an opportunity for hearing, the City may;

Perform the necessary corrective work and bill the property owner for the reasonable costs thereof and a reasonable administrative fee, which expenses, if not paid, shall constitute a lien upon the property to be established in accordance with State Law;

Prosecute the property owner for violation of this Section; or

Take any other corrective action authorized by State law or local Code. [sic]

In connection with and as a further condition for the issuance of a permit for the installation, construction, operation, or maintenance of an on-site sewage facility, the property owner shall agree that, should ownership of the property be transferred, the property owner has a duty to and shall advise the person to whom ownership is transferred of the terms and conditions of any permit or agreement required or entered into pursuant to this Section.

The terms and conditions of such covenant, and any agreements required to be executed there under, shall be incorporated into and made a part of the maintenance and operation permit issued by the Blanco County.

The City may impose such other reasonable restrictions and conditions in connection with the issuance of a permit required hereunder as it deems necessary for the protection of the public health.

Revocation of Permit.

A permit may be revoked by the County for failure to comply with the requirements for the issuance of such permit.

If it is determined that a permittee is not in compliance, the City shall notify Blanco County, that the person(s) in possession and/or the property owner, in writing, of the nature of the non-compliance.

The permit holder shall have thirty (30) days after notice of non-compliance to correct the defects except as provided herein. If the permit holder has made a reasonable effort to correct the defects within the thirty (30) day period, but fails to complete the work, the County may extend the period not to exceed an additional thirty (30) days for each extension.

If non-compliance has not been corrected within the period allowed for its correction, the County shall revoke the permit and notify the property owner and/or permittee in writing.

A permit that has been revoked is void and has no effect, as if the permit had never been issued.

Wastewater Line Extension.

Title.

This Subsection shall be commonly cited as the Wastewater Line Extension Ordinance.

Purpose and applicability.

The City of Blanco (the “City”) owns and operates a wastewater treatment and disposal facility that is subject to Texas Pollutant Discharge Elimination System (“TPDES”) Permit No WQ0010549002, and that is located at 289 Waters Edge Road, Blanco County, Texas 78606. The City also owns and operates an associated wastewater collection and delivery system (collectively, the “System”).

Use of the system.

This Subsection does not authorize use of the System. No person may use the System unless that person has complied with Chapter 6 of this Ordinance, has been accepted by the City as a system customer, and remains in compliance with this Subsection, as well as all other requirements of this Chapter.

Unless listed below, terms in this Subsection have the definitions listed in Section 1.13. The following definitions apply throughout this Subsection, whether the terms are capitalized or in lower case, singular or plural. As used in this Subsection, the term:

Building sewer.

Also called “private lateral line,” means the part of the drainage system that extends from the end of the building drain and conveys wastewater to a public sewer, private sewer, individual sewage disposal system or other point of disposal.

Line extension.

means the section of a wastewater line that is constructed by the customer (or by a customer with participation from other customers and/or the City under a cost-participation agreement), and that lies between: _______ (NEED CLARIFICATION) [sic]

(Ordinance adopted 11/10/20)

§ 6.8 Drainage.

Purpose and Applicability.

Growth in and around the City of Blanco and the associated development and construction of buildings, paved surfaces, roads and other improvements have altered in the past and continue to alter the natural flow of surface waters on the land. New building construction and the attendant construction of gutters, culverts, drains and channels for the conveyance of surface waters has increased the quantity of stormwater runoff and amplified peak flow rates, thus leading to the potential for flooding of property and homes, dangerous flows within and over public roadways and streets and soil and channel erosion.

It is the intention of the City Council to protect the health and safety to the citizens and visitors of the City and to prevent damage to private property and public facilities through:

The proper design and construction of both on-site and regional stormwater detention and/or retention facilities that prevent or adequately reduce increases in peak flow rates of runoff that may otherwise increase the risk of flooding and the associated risk of public endangerment, property damage and erosion.

The installation and use of temporary and permanent erosion control practices that prevent or adequately reduce increases in erosion and siltation that may otherwise increase the risk of flooding and the associated risk of public endangerment and property damage by clogging and/or partial filling of constructed or natural drainage ways as well as drainage structures and detention ponds.

The provisions of this chapter are applicable to all drainage improvements located within the City Limits and ETJ of the City of Blanco.

This Section is intended to be implemented for entire subdivisions at the time of platting and construction of street and drainage improvements and not on an individual lot basis for single-family and duplex residential subdivisions.

This Section shall not apply to:

Single-family residential lots of subdivisions approved prior to the adoption of this Code, unless specifically required by prior agreement between the City and the owners or developers of such subdivisions.

New one-or-two-unit subdivisions for single-family residential lots.

Residential subdivisions in the ETJ that creates no more impervious ground cover than twenty percent (20%) of the gross surface area, exclusive of any area within the one hundred (100) year flood plain.

Multifamily or Nonresidential lots less than one-half (1/2) acre.

The term "City of Blanco Drainage Criteria Manual" shall mean the technical standards manual (or similar collection of writings in any form adopted by the City) which sets forth applicable technical drainage standards and related items, within the City and its EJT; provided, if no such manual has been adopted by the City, such term shall mean the City of Austin's drainage manual or comparable technical standards document.

Drainage Requirements.

Responsibility for Proper Drainage.

The property owner is responsible for ensuring proper design and construction of all drainage facilities.

Acceptance of requests from the land owner or developer to meet the stormwater detention requirements through measures listed in this Section is solely at the discretion of the City and shall not relieve the owner of responsibility under civil law to adjacent and downstream properties.

Compliance with drainage requirements shall be accomplished as follows:

Design and construction by the land owner or developer of one or more on-site stormwater detention facilities which limits peak flood flow rates from the proposed development to existing or predevelopment peak flood flow rates from the subject tract.

Construction of, or participation in the construction of, off-site drainage improvements, such as storm inlets, storm sewers, culverts, channel modifications, detention ponds, land filling, and/or other drainage facilities such that the peak flood flows for fully developed watershed conditions from the watershed area in which the proposed development is located will be sufficiently and safely passed without increasing the peak discharge rate or the likelihood of flooding of adjacent and downstream property and roadways.

The provisions of this chapter are applicable to all drainage improvements located within the City Limits and ETJ of the City of Blanco.

This Section is intended to be implemented for entire subdivisions at the time of platting and construction of street and drainage improvements and not on an individual lot basis for single-family and duplex residential subdivisions.

This Section shall not apply to:

Single-family residential lots of subdivisions approved prior to the adoption of this Code, unless specifically required by prior agreement between the City and the owners or developers of such subdivisions.

New one-or-two unit subdivisions for single-family residential lots.

Residential subdivisions in the ETJ that create no more impervious ground cover than twenty percent (20%) of the gross surface area, exclusive of any area within the one hundred (100) year flood plain.

Multifamily or Nonresidential lots than one-half (1/2) acre.

Construction of or financial participation in area wide drainage improvement, administered by the City pursuant to a regional drainage study or Concept Plan for the Blanco City limits and ETJ, as may be specified in regulations or policies relating to impact fees for drainage improvements.

Nuisance Provision.

It shall be unlawful and constitute a nuisance for any person to discharge or cause to be discharged or spilled into the storm drainage system or environment any substance other than naturally occurring stormwater runoff except for

Return flows from irrigation,

Water from building foundation drainage,

Runoff from non-commercial car washing,

De-chlorinated water from swimming pools,

Reject water from water softening devices,

Water from fire hydrants including water used for firefighting.

Uncontaminated groundwater and springs,

Discharges from potable water sources,

Air conditioning condensation,

Uncontaminated and acceptable for [discharge] to the storm drainage system and receiving waters.

Nothing contained herein shall be construed to relieve any person discharging or caused to be discharged water into the storm drainage system from any liability for damage caused by the volume or quality of water discharged.

Standards and Requirements for Drainage.

The City of Blanco shall require the owner of real property to provide, at the owner’s expense and as a condition for preliminary plan approval, a drainage study for the total area to be ultimately developed. The drainage study must be in accordance with the City of Blanco Drainage Criteria Manual.

No final subdivision plat, site plan, or building permit shall be approved by the City unless it can be demonstrated by the owner or developer of such property that the proposed development has met the drainage requirements contained herein.

Stormwater runoff shall be computed on the basis of a fully development [developed] contributing draining area or watershed as determined under the City of Blanco Drainage Criteria Manual.

Unless authorized by an approved site plan, a person may not place, or cause to be placed, an obstruction in a waterway.

The person in control of real property traversed by a waterway shall keep the waterway free from an obstruction that is not authorized by a site plan.

Placement of fill material, or construction of impervious cover, or construction or placement of any other structure on a person’s property or performance of any excavation or grading in a manner which alters the flow of surface water across any adjacent property is prohibited.

A final plat or site plan may not be approved unless the proposed development will not result in additional identifiable adverse flooding on other property; and, to the greatest extent feasible, preserves the natural and traditional character of the land and the waterway.

Standards and Requirements for Stormwater Detention.

Unless otherwise specified herein, the design of all stormwater detention facilities shall be in accordance with the minimum requirements of the current version of the City of Blanco Drainage Criteria Manual.

Computation of detention requirements shall be based on a fully developed drainage area, or watershed, in accordance with the minimum provisions of the City of Blanco Drainage Criteria Manual.

Standards and Requirements for Erosion and Sedimentation Controls.

Temporary erosion and sedimentation controls are required for all development until permanent re-vegetation has been established and must be removed after permanent re-vegetation has been established.

Design and construction of temporary erosion and sedimentation controls shall be performed in accordance with the City of Blanco Environmental Criteria Manual and the City of Blanco Drainage Criteria Manual.

For all projects, the applicant must provide a construction phase erosion and sedimentation control plan, acceptable to the City Engineer or another designee of the City.

The plan shall include specification of control measures to be installed, a sequencing schedule specifying the dates of installation and removal of control facilities, and a maintenance schedule and commitment for the life of the erosion and sedimentation control facilities to be installed.

The landowner maintenance and operation of any and all facilities for stormwater detention and/or runoff management constructed under the requirements set forth herein, in a form and specification acceptable to the City.

Such assurance may be specified in advance by the City and make the form of a plat note, posting of financial surety, legal provisions of an automatic property owners association which are enforceable by the City, or a combination of these or other provisions.

No development shall be considered complete until permanent re-vegetation is established, the City of Blanco has received the engineer’s concurrence letter stipulating to this fact, and the City Engineer has inspected and accepted the vegetated area.

Temporary and/or permanent re-vegetation of bare ground in order to stabilize disturbed soil shall occur at the earliest practicable date.

City of Blanco construction inspection personnel may modify an erosion control plan or construction sequencing plan in the field:

Without notice to the permit holder if the modification is a minor change to upgrade erosion control [to] reflect construction progress; and,

With two days written notice to the permit holder if the inspector determines that an erosion control or the construction sequencing is inappropriate [and] the City Engineer has confirmed the inspector’s finding in writing.

No final subdivision plat, site plan, or building permit shall be approved by the City unless the proposed development provides on-site control of the two (2) year peak flow, as determined under the City of Blanco Drainage Criteria Manual. A proposed development may provide off-site control of the two (2) year peak if the off-site control will not cause an adverse water quality impact from increased in-stream peak flow; or stream bank erosion.

(Ordinance adopted 11/10/20; Ordinance 2022-O-006 adopted 6/14/2022)

§ 6.9 Wireless Transmission Facilities.

A Wireless Transmission Facility (WTF) is permitted in accordance with the Use Table in Section 4.8 [4.4] and subject to the following standard:

Location Regulations.

Wireless Transmission Facilities may be located in the areas listed below provided they comply with all standards regarding height requirements; co-location; historic districts, structures or sites; residential structures; residentially zoned property; setbacks and site development and submittal requirements of this Code.

Wireless Transmission Facilities may be mounted, without a Special Use Permit, on the exterior of any nonresidential and non-historic building, within any zoning district, provided the antenna or antenna support structure or equipment;

Is mounted flush with the exterior of the building or its [it] projects no more than twenty-four inches (24") from the surface of the building to which it is attached and does not exceed Height restrictions established in this part of the Development Code, and said projection is at least fifteen feet (15') above Grade; and

Is textured and colored so as to blend with the surrounding surface of the building.

Wireless Transmission Facilities may locate, without a Special Use Permit, on the roof of any nonresidential and non-historic building, within any zoning district, provided the WTF does not extend further than ten feet (10') from the edge of the building structure.

Wireless Transmission Facilities are allowed, without a Special Use Permit, on existing towers or tanks, utility, lighting standard, sign support, or other appropriate structures provided that the antenna or related equipment or structures do not exceed, by ten feet (10'), the height of the structure or the height limits of the highest permitted structure in the district in which it is located.

Wireless Transmission Facilities with towers are allowed within any electric substation, within any zoning district, provided that the antennas or related equipment or structures do not exceed, by ten feet (10'), the lesser of the height of the structure or the height limits of the highest permitted structure in the district in which it is located.

Wireless Transmission Facilities, with or without a tower, are allowed on municipally owned properties and structures subject to approval of a lease by the City Council specifying WTF location, design, and other restrictions.

In order to protect the City’s natural beauty and historic character no WTF tower shall be located within City of Blanco or its ETJ.

No WTF without a tower shall be located on existing structures or sites designated as historic.

Exempt structures.

The following items are exempt from the provisions of this article, notwithstanding any other provisions contained in the zoning ordinance of the city:

Noncommercial, amateur, ham radio or citizen’s band radio antennas supporting structures, antennas or antenna arrays which are less than forty (40) feet in height in residential zoning districts and less than sixty-five (65) feet in height in all other zoning districts and high-speed (broadband) internet antennas; however, any person constructing an antenna-support structure, antenna, or antenna array less than the heights enumerated above shall, upon request from the city administrator, provide evidence of a valid FCC amateur license for operation of an amateur facility;

Satellite earth stations that are one (1) meter (39.37 inches) or less in diameter in residential zoning districts and two (2) meters or less in all other zoning districts and which are not greater than twenty (20) feet above grade in residential zoning districts and thirty-five (35) feet above grade in all other zoning districts;

Regular maintenance of any existing WTF that does not include the addition of, or the placement of, any new WTF;

Any existing or proposed antenna-supporting structure, antenna or antenna array with an overall height of twenty (20) feet or less in residential zoning districts and thirty-five (35) feet or less above ground level in all other zoning districts;

A government-owned WTF, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the city administrator; except that such facility must comply with all federal and state requirements. No WTF shall be exempt from the provisions of this article beyond the duration of the state of emergency; and

Antenna-supporting structures, antennas and/or antenna arrays for AM/FM/TV/DTV broadcasting transmission facilities to the extent this article is preempted by the Federal Communications Commission.

Facilities exempt under subsections (i) and (ii) [(a) and (b)] above shall be limited to only one (1) amateur antenna and support structure per residential lot, and a maximum of two (2) satellite dishes per residential lot, provided neither unit is larger than one (1) meter (39.37 inches) in diameter.

Co-Location.

To minimize the number of WTFs to be sited, applicants should cooperate with other service providers in co-locating additional antennas on existing towers and/or structures to the extent that co-location is reasonably economical and technically feasible.

Service providers should, to the maximum extent feasible, promote co-location of antennas by multiple providers through the use of:

Nonexclusive agreements for antenna sites,

Relocation and reconfiguration of antennas to accommodate additional users, and

Utilization of current technology to maximize antenna separation and minimize antenna/tower height and obtrusiveness.

Tower space on existing WTF towers should be provided on a reasonable, proportioned cost basis to other service providers who seek use of the structure, unless it would result in the creation of a level of radio frequency interference that would degrade applicants’ services.

Fencing Requirements.

The base of the WTF with a tower, including all mechanical equipment and accessory structures, must be completely enclosed by a fence, wall, or barrier which limits climbing access to such WTF and any supporting systems, lines, wires, buildings or other structures.

The base must be fully screened for the line of vision or view of residential structures, residentially zoned properties, or public roadways by a substantially opaque screening fence designed and built to provide privacy.

The fence shall be a minimum height of eight feet (8') and consistent in color and character with surrounding structures and properties.

The fencing shall have no openings, holes or gaps larger than four inches (4") measured in any direction.

The fencing may contain gates or doors allowing access to the WTF and accessory structures for maintenance purposes; such gates or doors shall be kept completely closed and locked at all times except for maintenance purposes and shall be located so that all gates and doors do not intrude into the public right-of-way.

The requirements of this section do not apply to:

Wireless Transmission Facilities located on buildings or structures that are not designed or built primarily to support WTFs, provided that the general public has no physical access to the WTFs, and adequate safety measures are taken to prevent access by unauthorized people;

Legally existing WTFs having security fences at least six feet (6') in height; and

WTFs with towers that are sufficiently camouflaged or disguised such that the City determines a security fence is unnecessarily and/or would cause the tower to be unnecessarily more obtrusive.

Landscaping.

Landscaping and buffering shall be required around the perimeter of the WTF, as required by this section and this code, except that the city council may waive the required landscaping otherwise required under this section on one or more sides of the WTF or allow the placement of required landscaping elsewhere on the property when the required landscape area is located adjacent to undevelopable lands or lands not in public view. Alternative landscaping may be approved by the city council. Landscaping shall be installed on the outside of the perimeter fence or wall. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting the landscaping requirements, subject to approval by the city council. Landscaping shall be placed in a manner so as to maximize the screening between residential areas and the WTF and minimize the view of the facility from any residential areas and public roads and rights-of-way.

Maintenance and Inspection.

By applying for a WTF permit under this article, the applicant specifically grants permission to the City, its duly authorized agents, officials and employees, to enter upon the property for which a permit is sought, after first providing a reasonable attempt to notify a person designated by the applicant, for the purpose of making all inspections required or authorized to be made under this part of the Code.

In the event of an emergency, the City shall not be required to provide any notice to the applicant.

The City may require periodic inspections of WTFs to ensure structural integrity and other code compliance. Based upon the result of an inspection, the City may require repair or removal of a WTF.

The owner or operator of a WTF shall be responsible for the maintenance of the WTF and shall maintain all buildings, structures, supporting structures, wires, fences, or ground areas used in connection with a WTF in a safe condition and in good working order, as required by City building, fire, or any other applicable codes, regulations ordinances or to standards that may be imposed by the City at the time of the granting of a permit.

Such maintenance shall include, but shall not be limited to, maintenance of the paint, landscaping, fencing, equipment enclosure, and structural integrity.

If the City finds that the WTF is not being properly maintained, the City will notify the owner of the WTF of the problem. The City is not responsible for the maintenance or any aspect of the WTF by the reason of the City’s inspection or approval of the maintenance of the WTF; the owner or operator of the WTF is solely and completely responsible for all structural, maintenance, and repair aspects of WTF.

Contractual agreements between the WTF operator and landowner shall apply.

Submittal Requirements.

Service providers wishing to establish a WTF shall:

Secure all necessary approvals and permits needed to operate or construct a WTF within the City;

Comply with all ordinances of the City;

Pay all related development and permit application fees;

Reimburse the City for actual costs incurred by the City for radio frequency evaluations, structural engineering reviews, attorney fees, publication, mailing fees and/or any other services that the City may deem necessary to review and process the application; and

Submit the following documentation:

Documentation demonstrating that all service providers are identified and have all the necessary approvals to operate as such, including holding necessary franchises, permits, and certificates;

A notarized statement signed by the WTF tower operator, the tower owner, and the landowner that indicates; [sic]

Photo simulations of the proposed WTF from varying points and distances, including affected residential properties and public rights-of-way. The photo simulation shall also include a diagram or map indicating points from where the photo simulations are taken;

Site and landscaping plans indicating:

The specific placement of the WTF and all related structures on the site;

The location of existing trees, and other significant site features;

The type and location of landscaping proposed for screening;

The color(s) for the WTF; and

Architectural and structural drawings for the proposed site.

A signed agreement executed by the three parties (City, Operator, Landowner); and

Updates of the above documents as they become available including updated notarized statements as required above whenever ownership or operators change.

Notice Requirements.

Public Notice is required prior to a hearing on a proposed WTF facility that is within two hundred feet (200') of a Residential Structure or Residentially Zoned Property.

Notice Sign Placement and Information.

The applicant for a WTF permit must post and use reasonable efforts to maintain a sign on the subject WTF site for a minimum of thirty (30) calendar days beginning no later than the sixth (6th) calendar day following the date of the filing of the required completed application with the City.

The sign shall be posted no less than fifteen feet (15') from the public right-of-way that is used as access to the WTF site. The sign shall face and be legible from the public right-of -way.

The sign shall contain at a minimum the following items of information:

That this is the proposed site of a WTF;

The WTF permit application number assigned to this project by the City of Blanco; and

The telephone number of the City of Blanco where additional information concerning this proposed WTF may be obtained.

The applicant shall remove the sign from the subject WTF site after the permit is obtained or the appeals process is complete.

Published Notice.

Written notice shall be published by the City at least once in a local newspaper of general circulation within the City no later than the seventh (7th) calendar day following the date of filing of the required completed application.

Such notice shall be published in the section of such newspaper in which other legal notices are commonly published.

Permit Limitations.

Construction, placement, removal, or alterations to a WTF shall not be performed except between the hours of 7:00 a.m. and 9:00 p.m. of any day, except in a bona fide emergency.

The applicant shall notify the City Secretary in writing of all changes in ownership or operation of the WTF Tower within thirty (30) days of actual knowledge of the change.

Permit Expiration.

Any City permit, including the Special Use Permit, shall become null, void and non-renewable if the permitted WTF is not constructed with one (1) year of the date of issuance.

The Special Use Permit for construction may be extended according to Section 3.5(5) [sic] one time for six (6) months if construction has commenced before expiration of the initial year.

Any City permit, including a Special Use Permit, for a WTF shall expire and the applicant must remove the WTF if it is not put into use within one hundred twenty (120) days after construction or if use is discontinued for a period in excess of one hundred twenty (120) days.

If the WTF is not so removed, the City may cause the WTF to be removed and all expenses of removal shall be paid by the owner of the land where the WTF is located. The WTF owner/operator shall post a letter of credit or performance bond to guarantee its compliance with this requirement.

The applicant/permittee of a WTF shall expressly indemnify, protect, and hold the City harmless in writing, as required by the City, to the maximum extent allowed by law. No exceptions to this requirement shall be allowed.

(Ordinance adopted 11/10/20)