The city council has determined the following:
(1) 
The watersheds within the city’s jurisdiction contribute directly to the public health and welfare of the public.
(2) 
All watersheds within the city’s jurisdiction, especially those with the typical Hill Country topography characterized by rugged, abrupt topography, fragile vegetation, and thin and easily disturbed soil, are vulnerable to non-point source pollution and sedimentation resulting from development activities, including but not limited to excavation of steep slopes, cut and fill activities, and tree removal. Such development activities also contribute to flood danger and damage within the city’s jurisdiction.
(3) 
All watersheds within the city’s jurisdiction are undergoing development or are facing development pressure.
(4) 
If watersheds within the city’s jurisdiction are not developed in a sensitive and innovative manner, their water resources, natural environment, and recreational characteristics will be irreparably damaged.
(5) 
Pursuant to the authority granted to the city by law, including but not limited to chapters 212, 242, and 551, Texas Local Government Code and chapters 16 and 26, Texas Water Code, the city desires to adopt regulations to police and protect the watersheds within the city’s jurisdiction by preventing pollution and sedimentation, minimizing the amount of land exposed to flood damage, and minimizing damage caused by flooding.
(Ordinance 521 adopted 2/13/18)
Development of property shall be sensitive to the environment and provide protection of the environment and mitigation for impacts thereto. All federal, state, and local environmental regulations shall be adhered to in the planning, design, and construction of the development. It shall be unlawful, and it is declared to be a misdemeanor, for any person or entity to take any action prohibited by this chapter or to fail to take an action required by this chapter.
(Ordinance 521 adopted 2/13/18)
Any developer of property shall provide a certification prepared by a registered engineer stating that the proposed development activities are in compliance with all federal, state, and local laws, rules, regulations, and statutes. Said certification shall be accompanied by any and all finalized permits and authorizations required by any and all agencies and regulating entities. This certification, at a minimum, shall state that all required final permits and authorizations have been obtained for the proposed development activities within the platted area from the city, the Texas Commission on Environmental Quality, the Texas Parks and Wildlife Department, the United States Army Corps of Engineers, the United States Fish & Wildlife Service, and the United States Environmental Protection Agency.
(Ordinance 521 adopted 2/13/18)
Except as defined below, the words used in this chapter shall have the meanings ascribed to them in chapter 10.
Developer.
An individual, firm, partnership, joint venture, corporation, or other legal entity undertaking the division or improvement of land and other activities covered by the code, including but not limited to the construction of a building or improvement, the preparation of a subdivision or development plat showing the layout of the land and the public improvements involved therein, or the preparation of land for the division or improvement of land. The term “developer” refers to all individuals or entities involved in a development, even though such individuals or entities may vary in successive stages of a development of a project.
Development.
The act of developing or redeveloping a subdivision, project, building, or other improvement; or as the context may require, such a subdivision, project, building, or other improvement that is or has been developed or redeveloped.
Watershed.
A watershed identified by the state, including but not limited to the following watersheds:
(1) 
Guadalupe River-Canyon Lake;
(2) 
Upper Cibolo Creek;
(3) 
Headwaters Cibolo Creek; and
(4) 
Comal River-Guadalupe River.
(Ordinance 521 adopted 2/13/18)
All improvements and construction must be performed in compliance with TCEQ Air Quality Regulations. The developer shall provide copies of TCEQ permits for regulated activities.
(Ordinance 521 adopted 2/13/18)
It is unlawful for any person or entity to take any action regulated by this chapter without a valid, unrevoked permit issued under this chapter. All activity carried out pursuant to a permit issued under this chapter shall comply with the application and the terms and conditions of such permit. A permit approved under this chapter only authorizes those activities included in the application for such permit. The permit required under this chapter is in addition to any other permit or authorization required by this code.
(Ordinance 590 adopted 8/13/19)
(a) 
An application for a permit under this chapter shall be made on a form provided by the city and shall include the following information:
(1) 
The name, address, and telephone number of the individual or entity who will be the permit holder and be responsible for carrying out the activities permitted under the permit;
(2) 
The name, address, and telephone number of any individual or entity that will be carrying out any of the permitted activities on behalf of the permit holder.
(3) 
For a permit for activities affecting water quality under article 17.02:
(A) 
Two copies of the TCEQ-approved Edwards Aquifer Protection Plan, if applicable;
(B) 
A copy of the permanent stormwater pollution prevention plans prepared in accordance with NPDES regulations as required by section 17.02.002(b); and
(C) 
A copy of the stormwater pollution prevention plan and notice of intent.
(4) 
For a permit for activities related to steep slopes under article 17.03, a slope map created in conformance with article 17.03 showing the areas proposed for disturbance and including a calculation of the percentage of surface area to be disturbed for each surface area categories in section 17.03.005.
(5) 
For a permit for activities related to cut and fill requirements under article 17.04:
(A) 
A map showing the areas that will be the subject of cut and fill activities along with the depths of the proposed cuts and fills;
(B) 
Plans for stabilizing and re-vegetating the cut and fill areas that comply with the city’s stormwater drainage criteria manual;
(C) 
Any information supporting a request for administrative relief from the requirements of article 17.04 pursuant to section 17.04.006.
(6) 
For a permit to install impervious cover subject to article 17.05, a map or plan showing the area that will be developed with impervious cover.
(7) 
For a tree removal under to article 17.06, that information required by and prepared in accordance with article 17.06.
(8) 
Any additional information reasonably determined to be necessary by the city manager.
(b) 
An applicant may submit one application for multiple activities regulated by this chapter. Such application shall contain all of the information required for each activity.
(c) 
If the applicant is an individual, then the application shall be signed and verified by the applicant. If the applicant is a partnership, association, corporation or other legal entity, then the application shall be signed and verified by the individual authorized to bind such entity.
(d) 
At the time an application under this chapter is submitted, the applicant shall pay a fee in the amount set by the city council from time to time.
(Ordinance 590 adopted 8/13/19)
(a) 
The city may revoke a permit issued under this chapter if:
(1) 
The application contains false information;
(2) 
The permit holder or other person or entity performing work subject to a permit violates the provisions of this chapter; or
(3) 
Work permitted under such permit has not been completed within one (1) year of the issuance of such permit.
(b) 
The city may issue a stop-work order pursuant to section 17.01.009 in conjunction with the revocation of a permit.
(c) 
The permit holder has notice of such revocation if the city mails the revocation, or a copy thereof, to the address for the permit holder listed in the permit application or provides the revocation, or a copy thereof, to a person at the site that is the subject of the revoked permit.
(d) 
A revoked permit may be reinstated upon the submittal of a new application complying with this chapter and the payment of the required fee.
(Ordinance 590 adopted 8/13/19)
The city may issue a stop-work order that orders a person or entity to stop-work that is subject to this chapter if such person does not have a valid, unrevoked permit required under this chapter. It is unlawful for any person or entity to perform work that is the subject of a stop-work order issued under this section. The permit holder has notice of such stop-work order if the city mails the stop-work order, or a copy thereof, to the address for the permit holder listed in the permit application or provides the stop-work order, or a copy thereof, to a person at the site that is the subject of the stop-work order.
(Ordinance 590 adopted 8/13/19)