The city water availability requirements, as set out in this
article, are adopted and established as the water availability rules
and regulations for the city and its extraterritorial jurisdiction.
(Ordinance 121906, sec. 1, adopted 12/19/06)
At the request of the city council, the city attorney or other
prosecuting attorney for the city may file an action in a court of
competent jurisdiction to:
(1) Enjoin the violation or threatened violation of a requirement established
by or adopted by the city council under the terms of these regulations;
and/or
(2) Recover damages in an amount adequate for the city to undertake any
construction or other activity necessary to bring about compliance
with a requirement established by or adopted by the city council under
the terms of these regulations.
(Ordinance 121906, sec. 2, adopted 12/19/06)
A person commits an offense if the person knowingly or intentionally violates a requirement established by or adopted by the city council herein. An offense under this section is a class C misdemeanor for which a criminal penalty in accordance with the general penalty provided in section
1.01.009 of this code may be imposed.
(Ordinance 121906, sec. 3, adopted 12/19/06; Ordinance adopting Code)
The city is located in Kerr County, which has been designated
as a county within a priority groundwater management area by the state.
Therefore, pursuant to chapter 35, section 35.019, Texas Water Code,
the city council has the authority to require any person seeking plat
approval to show:
(1) Compliance with water availability requirements adopted by the city
council; and
(2) That an adequate supply of water of sufficient quantity and quality
is available to supply the number of lots proposed for the platted
area.
(Ordinance 121906, attachment, adopted 12/19/06)
All subdivisions in the city where preliminary plat approval
is granted after the approval date of these water availability requirements
shall comply with the provisions set forth herein. Failure to satisfy
the water availability requirements shall result in the denial of
approval of the final plat.
(1) Minimum acreage and lot size requirements.
(A) A subdivision that meets the minimum acreage requirements as set forth in section
10.03.006 herein shall be deemed to have satisfied these water availability requirements.
(B) The requirements set forth herein are based on the best currently
available knowledge of groundwater under Kerr County. The average
family or household is assumed to be 2.8 persons and the average daily
consumption is 200 gpd per person based on state population and demand
analysis. Based on this information, the intent of these water availability
requirements is for, at a minimum, the surface area of each lot to
provide enough annual recharge to equal the average annual per-capita
usage of water.
(C) Complying with these requirements does not insure the developer or
prospective lot owner that adequate groundwater is available under
any subdivision or lot. City water availability requirements do not
include other requirements that may be placed on water usage by other
entities. Headwaters Groundwater Conservation District (HGCD) may
set pumping limitations on certain aquifers within the city and such
limitations may limit the amount of groundwater available in subdivisions
or individual subdivision lots.
(D) Community water systems will be subject to additional monitoring
and testing by HGCD and TCEQ. For this reason there is a lesser acreage
requirement for subdivisions that utilize community water systems.
(E) The high density development areas are located in areas where surface
water is currently being used to meet a portion of the water demand
or in areas where there is a reasonable likelihood that surface water
or other sources of water than groundwater will be available in the
future. For these reasons a lesser acreage requirement for subdivisions
in these areas is appropriate.
(2) Monitor well requirements.
Lack of data on the aquifers
within the city is a limiting factor in determining water availability
on a more localized basis throughout the city and is a factor in developing
and adopting county-wide acreage and lot size requirements. In an
effort to improve groundwater models and water availability requirements
the following shall be required: All subdivisions where the total
acreage in the subdivision is more than ten (10) acres shall be required
to provide a monitor well location within the central portion of the
subdivision. Such well location shall be a minimum of fifty feet by
fifty feet in size and shall be located adjacent to the road right-of-way
in an area that is suitable for drilling a monitor well. Headwaters
Groundwater Conservation District (HGCD) shall be deeded in fee simple
ownership to such location. HGCD shall drill such monitor well within
two years of the date of final plat approval and shall be responsible
for the maintenance of such monitor well location lot. HGCD may waive
this requirement by providing the developer with a letter stating
that a monitor well location is not required for the subject subdivision.
(Ordinance 121906, attachment, adopted 12/19/06)
The requirements set forth in subsections (1) and (2) of this
section both must be complied with to satisfy the requirements of
city water availability.
(1) Total number of lots permitted in subdivision to meet water availability
requirements.
This subsection
(1) is applicable where groundwater is the source of potable water. If surface water is the source of potable water for the entire subdivision, then this subsection is not applicable.
(A) The total number of lots permitted in any subdivision that uses individual
water wells as the source of potable water shall not exceed the total
acreage in the subdivision divided by five (5) acres.
(B) The total number of lots permitted in any subdivision that uses a
community, public or shared water system that uses groundwater as
the source of potable water shall not exceed the total acreage in
the subdivision divided by three (3) acres unless the subdivision
is located within an area designated by the city council as a high
density development area as defined in subsection (3) of this section.
No individual wells shall be permitted on any lot or any other location
in the subdivision developed under this subsection.
(C) The total number of lots permitted in any subdivision in an area
designated as a high density development area as defined in subsection
(3) of this section shall not exceed the total acreage in the subdivision
divided by two (2). No individual wells shall be permitted on any
lot or any other location in the subdivision developed under this
subsection.
Total acreage in a subdivision is defined as the total gross
acreage within the subdivision boundary and includes all lots, roads,
drainage structures, parks, utility and other easements, and all other
acreage in the subdivision.
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(2) Minimum lot size.
The minimum lot size requirement to
meet water availability requirements; the current order for rules
of Kerr County for on-site sewage facilities, if applicable; TCEQ
rules and regulations, if applicable; and rules and regulations of
HGCD, if applicable:
(A) Three (3) acres for lots where an individual water well is planned
to be the source of potable water and an on-site sewage facility is
located.
(B) One (1) acre for lots served by a community, public or shared water system and served by OSSF if such OSSF can be installed in compliance with the current rules of Kerr County for on-site sewage facilities or served by a community sewage collection system. Lesser acreage requirements may be approved by the city council on a case-by-case basis, based on the development plan. No individual wells shall be permitted on any lot or any other location in the subdivision developed under this subsection
(B). Note the balance of the acreage in the subdivision not used for lots may be used for roads, drainage structures, parks, utility or other easements, or any other use other than lots.
(C) One-quarter (1/4) acre for lots to be served by a community, public or shared water system and a community sewage collection system, and the subdivision is located in a designated high density development area. No individual wells shall be permitted on any lot or any other location in the subdivision developed under this subsection
(C). Note the balance of the acreage in the subdivision not used for lots may be used for roads, drainage structures, parks, utility or other easements, or any other use other than lots.
(3) High density development areas.
(A) To be classified as a high density development area the subdivision
shall have a community, public or shared water system and a wastewater
system and be so designated by order of the city council.
(B) A water utility and a wastewater disposal plan must be submitted
and approved by a licensed engineer. Such plan shall include an analysis
of water availability and quality and shall meet all TCEQ rules and
regulations, if applicable, and rules and regulations of HGCD, if
applicable.
(Ordinance 121906, attachment, adopted 12/19/06)
(a) Systems with more than fifteen connections.
If the person
requesting plat approval proposes to utilize a new public or community
water system, such system shall be developed in accordance with subchapter
C, chapter 341, Texas Health and Safety Code, and as defined by current
rules and regulations of the state commission on environmental quality
(TCEQ), 30 TAC chapter 290. If the public or communality water system
will have more than fifteen (15) connections, the developer shall
submit to the city council a letter or other document from TCEQ approving
the plans and specifications of the proposed water system and a letter
or other document stating that the proposed water system has sufficient
capacity to serve the proposed connections.
(b) Systems with fifteen or less connections.
If the public
or community water system will have fifteen (15) or less connections,
the developer shall submit to the city council a letter or other document
from an engineer licensed in the state knowledgeable in designing
public or community water systems approving the plans and specifications
of the proposed water system and a letter or other document stating
that the proposed water system has sufficient capacity to serve the
proposed connections.
(Ordinance 121906, attachment, adopted 12/19/06)
(a) All subdivision final plats shall contain the following certification:
City of Ingram City Council does not certify that complying
with City of Ingram Water Availability Requirements insures the developer
or prospective lot owner that adequate groundwater is available under
any subdivision or lot.
(b) All subdivision final plats where lots are served by a community
water system shall contain the following certification:
Individual water wells shall not be permitted on any lot in
this subdivision.
(c) All subdivision final plats shall contain the following certification:
(name) _____ Subdivision approved (date) _____ shall be limited
to a maximum of (number) _____ lots pursuant to City of Ingram Water
Availability Requirements.
(Ordinance 121906, attachment, adopted 12/19/06)
Approval of any plat based upon meeting the water availability
requirements shall not constitute a warranty by the city council as
to the quantity or quality of groundwater available.
(Ordinance 121906, attachment, adopted 12/19/06)