(1) 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.
(2) Design
and construction of infrastructure in the City and ETJ shall be consistent
with the policies and guidelines of the City of Blanco.
(3) 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)
(1) 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.
(2) Required
Improvements.
(a) 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:
i. Streets including right-of-way, alleys, sidewalks, signalization,
and street lighting;
iii. Parkland and improvements
iv. Permanent Monument Markers;
v. Drainage system including drainage easements, channels, storm sewer
lines and inlets, basins, control structures, and landscaping;
vi. Water system including utility easements, water distribution lines,
fire hydrants, values, pumps, and water towers:
vii. Sanitary sewer system including utility easements, sanitary sewer
lines, manholes and lift stations;
viii. Utilities for electric and telephone service and associated utility
easements installed in conformance with the terms and regulations
of the provider of said utility;
ix. 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.
(b) 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.
i. 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.
ii. 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.
(3) Review,
Permit, and Enforcement Authority.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) A final plat or site development is required for all development
within the City and its ETJ.
i. 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.
ii. 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.
iii. 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.
(4) Obligation
to Provide for Improvements.
(a) 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.
(b) Deferral of Obligation.
i. 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.
ii. 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.
(c) Cash Contributions.
i. 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.
ii. Any funds accepted by the City shall be earmarked for construction
of the improvements for which the contribution was made.
(d) Advance Funding.
i. 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.
ii. 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.
(e) 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:
i. Participate in the excess costs; or
ii. 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.
(f) City Participation in Costs and Completion of Improvements.
i. 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.
1. In such cases, the property owner shall be responsible for the entire
initial costs of infrastructure improvements, including design costs.
2. 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.
ii. 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:
1. Assist in the acquisition of necessary right-of-way and easements;
2. Assist in the relocation of utilities;
3. Assist in obtaining approvals from Blanco County;
4. Assist in obtaining approvals from TxDOT;
5. 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.
(5) Adoption
of the City of Austin Criteria Manuals.
(a) 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.
i. 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;
ii. 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.
iii. 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.
(b) 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.
(c) 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.
(d) 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.
i. 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.
ii. 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[.]
iii. 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.
iv. 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.
v. All water and wastewater fees and rates shall be as established by
the ordinances of the City of Blanco.
(6) 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)
Subdivisions and all lots submitted for plat approval must provide
monuments and control points as follows:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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)
(1) Purpose
and Applicability.
(a) 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.
(b) 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.
i. 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.
ii. 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.
(c) 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.
i. 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.
ii. Developments less than ten (10) dwelling units in size shall not
be required to dedicate parkland.
(d) 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.
i. 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.
ii. Said incentives shall be approved by the City Council with a recommendation
by the City Parks and Recreation Department.
(e) 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.
i. 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.
ii. 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.
(2) Submittal
Requirements.
(a) Plans for parkland dedication or payment of fees-in-lieu of such
dedication must be submitted with the preliminary plan.
(b) 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.
(c) The City Council shall have final authority on parkland dedication.
(d) 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.
(3) Requirements
for Parkland Dedication.
(a) 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.
i. No area or facility shall be dedicated for parkland purposes unless
approved and accepted by the City.
ii. 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.
iii. 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.
iv. 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.
(b) 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
|
(c) Fee-In-Lieu of Parkland Dedication.
i. The City Council may require a fee-in-lieu of parkland dedication
and fees-in-lieu, in order to satisfy requirements of this Section.
ii. 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.
iii. 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.
1. The funds shall be used to complete acquisition or improvement of
parkland located within the Blanco City Limits or its ETJ.
2. 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.
iv. 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.
(d) Public Access and Parkland Dedication Required.
i. 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.
ii. 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:
1. 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;
2. 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.
3. 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;
4. The private ownership and maintenance of the open space and facilities
is adequately provided for by recorded agreement, covenants or restrictions;
5. 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;
6. 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;
7. 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;
8. 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
iii. 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.
(4) Parkland
Design Requirements.
(a) 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.
i. 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.
1. 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.
2. Such developments may be required to contribute fees-in-lieu of parkland
or a combination of fees and parkland.
ii. 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.
iii. 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.
(b) 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.
i. Street access.
1. 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.
2. A two hundred foot (200') by two hundred foot (200') corner site
at the intersection of two (2) streets is preferred.
3. 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.
4. No linear parking will be allowed on such frontage.
ii. Grade/Slope:
At least fifty percent (50%) of the dedicated
land should not exceed eight percent (8%) grade;
iii. 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;
iv. Permanent Property Boundary Markers/Monuments:
Above-ground,
grade-level survey markers are required to be set to Texas Board of
Professional Land Surveying minimum.
v. 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.
1. 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.
2. At least twenty-five percent (25%) of the dedicated parkland must
be outside the one hundred (100) year floodplain.
3. 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').
vi. Any disturbed parkland shall be restored, and the soil stabilized
by a vegetative cover by the subdivider using approved xeriscape species.
vii. Parking shall be provided in a manner determined by the City Secretary.
(c) Greenbelts.
i. 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.
ii. 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:
1. That such areas shall provide recreational or educational opportunities
for the surrounding community in lieu of parkland dedication;
2. That such areas shall be given a partial credit against the requirement
of land dedication and/or payment of fees.
3. 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]
4. Planning and Zoning Commission, pertaining to the dedication of land
containing sensitive environmental features
iii. 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
|
(d) Parkland Condition.
i. The park site shall be free of trash and debris.
1. 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.
2. 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.
ii. 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.
1. 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.
2. 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.
(e) 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.
(5) Park
Development and Improvements.
(a) 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.
i. Design, specification, and construction of the improvements shall
be subject to review and approval by the City.
ii. 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.
(b) 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.
i. 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.
ii. 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.
iii. 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.
(c) 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)
(1) Purpose
and Intent.
(a) 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.
(b) General standards apply to water, wastewater, electric, gas, telephone,
and television, or data cable utilities.
(2) Utility
Installation Standards.
(a) 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.
(b) 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.
(c) 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.
(d) Existing utility easements shall be vacated, partially or wholly,
upon dedication of public right-of-way.
(3) Utility
Ownership and Easement Rights.
(a) 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.
(b) 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.
(c) 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.
(4) Utility
Lines Under Paved Streets.
(a) 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.
(b) 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.
(5) Responsibility.
(a) 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.
(b) 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.
(6) Standards
for Water and Wastewater Utilities.
(a) 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.
(b) 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.
(c) 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.
(d) Inspection, Certificate of Occupancy and Appeal.
i. 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.
1. One inspection shall occur after completion of the installation of
underground facilities by prior to backfilling of any soil.
2. The second inspection shall occur upon completion of the entire system
bit [but] prior to its operation.
ii. 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.
iii. 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[.]
iv. 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.
(7) 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)
[This section is being updated by Separate Document to reflect
recent and upcoming changes to the City’s Infrastructure requirements.]
(NEEDS CLARIFICATION)
(1) Water
supply required.
(a) 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.
(b) Subdivides shall be responsible for providing an approved public
water supply system in compliance with the City of Blanco Water and
Wastewater Utility Plan.
i. 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.
ii. 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.
(c) 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.
(d) 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.
(2) Water
Design Requirements.
(a) 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.
(b) 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.
(c) 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.
(d) No water main line extensions shall be less than six inches (6")
in diameter.
(e) The design and layout of the water distribution system shall be acceptable
to the State Fire Insurance Commission.
(3) Fire
Protection.
(a) Fire hydrants shall be provided as required in the City of Blanco
Utilities Manual and City of Blanco Standards and Specifications.
i. 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.
ii. 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.
iii. Hydrants must be equipped with the National Standard hose threads.
(b) Fire flows are required to conform to International Standards Organization
(ISO) standards.
i. 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.
ii. All fire flows shall be calculated with twenty pounds (20 lbs.) residual
pressure.
iii. Fire flow calculations and/or model run printouts shall be included
with submittals for the City Engineer’s review.
(4) Individual
Wells.
(a) 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.
(b) 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)
(1) Sewage
Disposal Facilities Required.
(a) 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.
(b) 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.
i. 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.
ii. 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.
(c) 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.
(d) The owner of a tract of property is responsible for all the costs
of connecting the property to the organized system.
(e) 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.
(2) Wastewater
Design Requirements.
(a) 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.
i. 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.
ii. Whenever the standards and specifications of the Blanco County, and
the State of Texas conflict, the more restrictive requirements shall
govern.
(b) 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.
(c) 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.
(d) 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.
(3) Wastewater
Permits.
(a) A permit for the construction of a wastewater collection system and/or
service connection shall be required.
(b) 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.
(c) 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.
(4) On-site
Sewage Facilities.
(a) 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.”
(b) Inspection of new facilities.
i. All new on-site sewage facilities shall be inspected according to
City and county policy.
ii. 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.
iii. 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.
(c) System Monitoring and Alarm.
i. 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.
ii. 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.
iii. Such monitoring and alarm system shall be activated and maintained
in good operating condition at all times, as a condition of the permit.
(d) Restrictive Covenant and other Conditions.
i. 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:
1. 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;
2. 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;
3. 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;
4. The covenant shall be binding upon the property owner and any successors
in interest to said property.
ii. 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;
1. 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;
2. Prosecute the property owner for violation of this Section; or
3. Take any other corrective action authorized by State law or local
Code. [sic]
iii. 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.
iv. 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.
v. 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.
(e) Revocation of Permit.
i. A permit may be revoked by the County for failure to comply with
the requirements for the issuance of such permit.
ii. 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.
iii. 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.
iv. 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.
v. A permit that has been revoked is void and has no effect, as if the
permit had never been issued.
(5) Wastewater
Line Extension.
(a) Title.
This Subsection shall be commonly cited as the
Wastewater Line Extension Ordinance.
(b) 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”).
(c) 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.
(d) 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:
i. 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.
ii. 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)
(1) Purpose
and Applicability.
(a) 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.
(b) 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:
i. 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.
ii. 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.
(c) The provisions of this chapter are applicable to all drainage improvements
located within the City Limits and ETJ of the City of Blanco.
i. 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.
ii. This Section shall not apply to:
1. 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.
2. New one-or-two-unit subdivisions for single-family residential lots.
3. 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.
4. Multifamily or Nonresidential lots less than one-half (1/2) acre.
(d) 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.
(2) Drainage
Requirements.
(a) Responsibility for Proper Drainage.
i. The property owner is responsible for ensuring proper design and
construction of all drainage facilities.
ii. 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.
(b) Compliance with drainage requirements shall be accomplished as follows:
i. 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.
ii. 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.
(c) The provisions of this chapter are applicable to all drainage improvements
located within the City Limits and ETJ of the City of Blanco.
i. 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.
ii. This Section shall not apply to:
1. 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.
2. New one-or-two unit subdivisions for single-family residential lots.
3. 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.
4. Multifamily or Nonresidential lots than one-half (1/2) acre.
iii. 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.
(d) Nuisance Provision.
i. 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
1. Return flows from irrigation,
2. Water from building foundation drainage,
3. Runoff from non-commercial car washing,
4. De-chlorinated water from swimming pools,
5. Reject water from water softening devices,
6. Water from fire hydrants including water used for firefighting.
7. Uncontaminated groundwater and springs,
8. Discharges from potable water sources,
9. Air conditioning condensation,
10. Uncontaminated and acceptable for [discharge] to the storm drainage
system and receiving waters.
ii. 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.
(3) Standards
and Requirements for Drainage.
(a) 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.
(b) 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.
(c) 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.
(d) Unless authorized by an approved site plan, a person may not place,
or cause to be placed, an obstruction in a waterway.
i. 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.
ii. 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.
(e) 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.
(4) Standards
and Requirements for Stormwater Detention.
(a) 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.
(b) 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.
(5) Standards
and Requirements for Erosion and Sedimentation Controls.
(a) 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.
(b) 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.
(c) 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.
i. 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.
ii. 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.
iii. 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.
iv. 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.
v. Temporary and/or permanent re-vegetation of bare ground in order
to stabilize disturbed soil shall occur at the earliest practicable
date.
(d) City of Blanco construction inspection personnel may modify an erosion
control plan or construction sequencing plan in the field:
i. Without notice to the permit holder if the modification is a minor
change to upgrade erosion control [to] reflect construction progress;
and,
ii. 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.
(e) 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)
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:
(1) 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.
(a) 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;
i. 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
ii. Is textured and colored so as to blend with the surrounding surface
of the building.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) No WTF without a tower shall be located on existing structures or
sites designated as historic.
(2) 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:
(a) 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;
(b) 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;
(c) Regular maintenance of any existing WTF that does not include the
addition of, or the placement of, any new WTF;
(d) 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;
(e) 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
(f) 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.
(3) Co-Location.
(a) 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.
(b) Service providers should, to the maximum extent feasible, promote
co-location of antennas by multiple providers through the use of:
i. Nonexclusive agreements for antenna sites,
ii. Relocation and reconfiguration of antennas to accommodate additional
users, and
iii. Utilization of current technology to maximize antenna separation
and minimize antenna/tower height and obtrusiveness.
(c) 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.
(d) Fencing Requirements.
i. 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.
1. 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.
2. The fence shall be a minimum height of eight feet (8') and consistent
in color and character with surrounding structures and properties.
3. The fencing shall have no openings, holes or gaps larger than four
inches (4") measured in any direction.
4. 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.
ii. The requirements of this section do not apply to:
1. 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;
2. Legally existing WTFs having security fences at least six feet (6')
in height; and
3. 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.
(e) 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.
(4) Maintenance
and Inspection.
(a) 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.
i. In the event of an emergency, the City shall not be required to provide
any notice to the applicant.
ii. 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.
(b) 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.
i. Such maintenance shall include, but shall not be limited to, maintenance
of the paint, landscaping, fencing, equipment enclosure, and structural
integrity.
ii. 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.
(c) Contractual agreements between the WTF operator and landowner shall
apply.
(5) Submittal
Requirements.
Service providers wishing to establish
a WTF shall:
(a) Secure all necessary approvals and permits needed to operate or construct
a WTF within the City;
(b) Comply with all ordinances of the City;
(c) Pay all related development and permit application fees;
(d) 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
(e) Submit the following documentation:
i. 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;
ii. A notarized statement signed by the WTF tower operator, the tower
owner, and the landowner that indicates; [sic]
iii. 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;
iv. Site and landscaping plans indicating:
1. The specific placement of the WTF and all related structures on the
site;
2. The location of existing trees, and other significant site features;
3. The type and location of landscaping proposed for screening;
4. The color(s) for the WTF; and
5. Architectural and structural drawings for the proposed site.
v. A signed agreement executed by the three parties (City, Operator,
Landowner); and
vi. Updates of the above documents as they become available including
updated notarized statements as required above whenever ownership
or operators change.
(6) Notice
Requirements.
(a) 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.
(b) Notice Sign Placement and Information.
i. 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.
ii. 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.
iii. The sign shall contain at a minimum the following items of information:
1. That this is the proposed site of a WTF;
2. The WTF permit application number assigned to this project by the
City of Blanco; and
3. The telephone number of the City of Blanco where additional information
concerning this proposed WTF may be obtained.
iv. The applicant shall remove the sign from the subject WTF site after
the permit is obtained or the appeals process is complete.
(c) Published Notice.
i. 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.
ii. Such notice shall be published in the section of such newspaper in
which other legal notices are commonly published.
(7) Permit
Limitations.
(a) 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.
(b) 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.
(c) Permit Expiration.
i. 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.
ii. 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.
iii. 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.
iv. 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.
(d) 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)