A. 
The purpose of this section is to set forth requirements for the protection of environmental resources within the City and its ETJ. This section includes policies and measures for:
1. 
Promotion of water conservation practices.
2. 
Parks and open space planning.
3. 
Stormwater quality management.
B. 
Design and construction of water quality measures, water conservation approaches, and parks and open space facilities shall be consistent with the policies and guidelines established in the most recent versions of the Comprehensive Plan, the Buda Utility Plan, and guidelines provided by TCEQ related to the Edwards Aquifer recharge or contribution zone.
C. 
The model for this Subsection 4.05. Environmental Protection and Water Quality Regulations was developed in coordination with the U.S. Fish and Wildlife Service; therefore persons who develop property in compliance with this subsection may forgo the need for a consultation with the U.S. Fish and Wildlife Service regarding water quality for protection of the Barton Springs Salamander. Any revisions to or variances from the regulations below would require additional review by the U.S. Fish and Wildlife Service.
(Ordinance 2017-13 adopted 10/2/2017)
The adoption of this section is not intended to preclude the adoption, at any time, by a majority vote of the City Council, of stricter water quality requirements upon development in the Barton Springs segment of the Edwards Aquifer Recharge or Contributing Zones or of further measures to restore and protect water quality.
(Ordinance 2017-13 adopted 10/2/2017)
A. 
All development within the City and its ETJ that are located within the Barton Springs/Edwards Aquifer recharge or contributing zones shall comply with 4.05.04. Water Quality Protection inside of the Barton Springs/Edwards Aquifer Zone.
B. 
All development within the City and its ETJ that are not located within the Barton Springs/Edwards Aquifer recharge or contributing zones shall comply with 4.05.05. Water Quality Protection outside of the Barton Springs/Edwards Aquifer Zone.
C. 
Exemptions.
1. 
These requirements are not applicable for the following:
a. 
Developments not located in the Barton Springs/Edwards Aquifer recharge or contributing zone with a total estimated impervious cover of twenty-five (25) percent or less;
b. 
Nonresidential developments with a total impervious cover area of five thousand (5,000) square feet or less;
c. 
Developments involving construction of less than three (3) single family residential structures or less than two (2) duplex residential structures.
2. 
The City shall review and approve estimates of impervious cover percentage prior to determining the applicability of this Section to a proposed development.
D. 
Water conservation requirements are applicable in all portions of the City and its ETJ. Parks and open space requirements are applicable in all portions of the City and its ETJ. Drainage criteria and requirements have many implications for environmental protection. See 3.05.12. Drainage and Storm Water for drainage related requirements.
(Ordinance 2017-13 adopted 10/2/2017)
A. 
Recharge Zone Impervious Cover Limitations and Pollution Prevention Requirements.
1. 
In the Barton Springs Segment of the Edwards Aquifer Recharge Zone (hereafter referred to as Recharge Zone) no development nor any revision, extension, or amendment thereof, may be approved unless it is designed, carried out, and maintained on a site-by-site basis to meet the water quality requirements set forth below for the life of the project. Official maps locating areas within the Recharge Zone are available at City Hall.
2. 
The impervious cover limits shall be calculated on a net site area basis. In order to prevent pollution, impervious cover for all such development shall be limited to a maximum of 15 percent in the Recharge Zone.
3. 
Runoff from such development shall be managed through water quality controls (best management practices) and on-site pollution prevention with the goal that no increases occur in the respective average annual loadings of total suspended solids, total phosphorus, total nitrogen, chemical oxygen demand, and oil and grease from the site.
B. 
Waterways. This section classifies significant waterways according to drainage area.
1. 
A sub-minor waterway has a drainage area of at least 5 acres and not more than 64 acres;
2. 
A minor waterway has a drainage area of at least 64 acres and not more than 320 acres;
3. 
An intermediate waterway has a drainage area of more than 320 acres and not more than 640 acres; and
4. 
A major waterway has a drainage area of more than 640 acres.
Table 45. Generalized Summary of Waterway Classifications, CWQZ, and WQTZ
Inside Aquifer
Critical Water Quality Zone
(measured from centerline; doesn't extend beyond bluff crest)
Water Quality Transition Zone
(measured from edge of Critical Water Quality Zone)
Sub-Minor Waterway (5-64 acres)
25-50 feet
None
Minor Waterway (64-320 acres)
50-100 feet
100 feet
Intermediate Waterway (320-640 acres)
100-200 feet
200 feet
Major Waterway (640+ acres)
200-400 feet
300 feet
Permitted Uses
Generally only fences, parks, trails, utility lines, street crossings
Critical Environmental Features (wetlands, bluffs, sinkholes, springs)
Res lot <1.62 acres cannot include or be within 50' of CEF
150' or up to 300' buffer from point recharge feature - natural vegetation, no construction, no wastewater/irrigation
C. 
Critical Water Quality Zones. A critical water quality zone is established along each waterway defined under B Waterways.
1. 
The boundaries of a critical water quality zone coincide with the boundaries of the 100 year flood plain as delineated by the Federal Emergency Management Agency (FEMA), except:
a. 
For a sub-minor waterway, the outer boundaries of the critical water quality zone are located not less than 25 feet and not more than 50 feet from the centerline of the waterway;
b. 
For a minor waterway, the outer boundaries of the critical water quality zone are located not less than 50 feet and not more than 100 feet from the centerline of the waterway;
c. 
For an intermediate waterway, the outer boundaries of the critical water quality zone are located not less than 100 feet and not more than 200 feet from the centerline of the waterway;
d. 
For a major waterway, the outer boundaries of the critical water quality zone are located not less than 200 feet and not more than 400 feet from the centerline of the waterway; and
2. 
Notwithstanding the provisions of 1.a through 1.d above, a critical water quality zone does not extend beyond the crest of a bluff.
D. 
Critical Water Quality Zone Development. The following types of development are permitted in the Critical Water Quality Zone:
1. 
A fence that does not obstruct flood flows.
2. 
Public or private parks, playing fields, or open spaces, other than a parking lot, are permitted if the City approves a program of fertilizer, pesticide, and herbicide use.
a. 
Park development is limited to hiking, jogging, or walking trails and outdoor facilities, and excludes stables and corrals for animals.
3. 
A pedestrian bridge, or bicycle or golf cart path.
4. 
A utility line may cross a critical water quality zone with approval from the City.
5. 
Street crossings are permitted as follows:
a. 
A major water way critical water quality zone may be crossed by an Arterial Street.
b. 
An intermediate waterway critical water quality zone may be crossed by a Collector Street, except:
i. 
A Collector Street crossing must be at least one mile from a Collector Street or Arterial Street crossing on the same waterway.
c. 
A minor waterway critical water quality zone may be crossed by Arterial Streets and Collector Streets, except:
i. 
A Collector Street crossing must be at least 2,000 feet from a Collector Street or Arterial Street crossing on the same waterway.
d. 
A Local Street may cross any critical water quality zone if necessary to provide access to property that cannot otherwise be safely accessed.
E. 
Water Quality Transition Zones.
1. 
A water quality transition zone is established adjacent and parallel to the outer boundary of each critical water quality zone.
2. 
The width of a water quality transition zone is:
a. 
For a minor waterway, 100 feet;
b. 
For an intermediate waterway, 200 feet; and
c. 
For a major waterway, 300 feet.
F. 
Water Quality Transition Zone Development.
1. 
Development is prohibited in a water quality transition zone, except for development described in D Critical Water Quality Zone Development.
2. 
Water quality controls for development in an uplands zone or water quality transition zone may be located in a water quality transition zone.
3. 
A utility line may be located within a water quality transition zone.
G. 
Critical Environmental Features.
1. 
Drainage patterns for proposed development must be designed to protect critical environmental features from the effects of runoff from developed areas, and to maintain the catchment areas of recharge features in a natural state. Special controls must be used where necessary to avoid the effects of erosion, or sedimentation, or high rates of flow.
2. 
Within a platted subdivision, a residential lot less than 1.62 acres may not include a critical environmental feature or be located within 50 feet of a critical environmental feature.
3. 
This subsection mandates the requirements for critical environmental feature buffer zones.
a. 
A buffer zone is established around each critical environmental feature described in this subchapter.
i. 
Except as provided in ii below, the width of the buffer zone is 150 feet from the edge of the critical environmental feature.
ii. 
For a point recharge feature, the buffer zone coincides with the topographically defined catchment basin, except that the width of the buffer zone from the edge of the critical environmental feature is:
(a) 
Not less than 150 feet; and
(b) 
Not more than 300 feet.
b. 
Within a buffer zone described in this subsection:
i. 
The natural vegetative cover must be retained to the maximum extent practicable;
ii. 
Construction is prohibited; unless it is specifically designed to improve recharge or protect the feature; and
iii. 
Wastewater disposal or irrigation is prohibited.
c. 
If located at least 50 feet from the edge of the critical environmental feature, the prohibition of a.ii above does not apply to:
i. 
A yard or hiking trail; or
ii. 
A recharge basin approved under H Water Quality Control Standards that discharges to a point recharge feature.
H. 
Water Quality Control Standards.
1. 
A water quality control must be designed in accordance with the Engineering Criteria Manual, a copy of which is kept for reference at the City office, or any other method approved by the City (see I Innovative Management Practices).
a. 
The control must provide at least the treatment level to ensure that no increases occur in the respective average annual loadings as described in A Recharge Zone Impervious Cover Limitations and Pollution Prevention Requirements. Approval by the City is required for a proposed water quality control that is not described in the Engineering Criteria Manual. The Applicant must substantiate the pollutant removal efficiency of the proposed control with published literature or a verifiable engineering study.
b. 
Water quality controls must be placed in sequence if necessary to remove the required amount of pollutant. The sequence of controls must be:
i. 
Based on the Engineering Criteria Manual or generally accepted engineering principles; and
ii. 
Designed to minimize maintenance requirements.
c. 
An impervious liner is required. If controls are located in series, liners are not required for the second or later in the series following sedimentation, extended detention, or sedimentation/filtration.
2. 
A water quality control must capture, isolate, and treat the water draining to the control from the contributing area. The minimum required capture volume is:
a. 
The first one-half inch of runoff, or the 2-year storm runoff volume, whichever is greater; and
3. 
The location of a water quality control:
a. 
Must avoid recharge features to the greatest extent possible;
b. 
Must be shown on the slope map, preliminary plan, site plan, or subdivision construction plan, as applicable; and
c. 
May not be in located in a buffer zone of a critical environmental feature, unless the control is located to maximize overland flow and recharge in the undisturbed remainder of the buffer zone.
I. 
Innovative Management Practices.
1. 
An innovative runoff management practice is a practice that is designed to address the requirements of H Water Quality Control Standards, enhance the recharge of groundwater and the discharge of springs, and maintain the function of critical environmental features. The City encourages the use of innovative management practices.
2. 
An innovative management practice proposal must be reviewed and approved by the City. Review and approval is based on:
a. 
Technical merit;
b. 
Compliance with the requirements for water quality protection and improvement;
c. 
Resource protection and improvement;
d. 
Advantages over standard practices; and
e. 
Anticipated maintenance requirements.
J. 
Water Quality Control Maintenance and Inspection.
1. 
For a commercial or multifamily development, the owner will maintain a required water quality control in accordance with the maintenance standards in the Engineering Criteria Manual. Documentation will be provided by the owner of the facility that ensures that sufficient annual funding exists to properly maintain any water quality controls. The City or its designated representative shall inspect each water quality control at least once a year.
a. 
If noncompliance is found during an inspection, the City will request in writing that the property owner comply. This notice will describe the measures to be taken. If, within 30 days of notice, the maintenance required is not accomplished, the City may impose fines as established in this ordinance, or bring action in a court of competent jurisdiction to require the property owner to accomplish necessary maintenance. Necessary maintenance is that maintenance needed to bring the facility or improvement into compliance with this chapter or other ordinances, laws or regulations. The City hereby declares that any failure to maintain a water quality control in accordance with City standards is a public nuisance subject to all remedies, legal and equitable, to abate that nuisance.
2. 
For a single family or duplex residential development, the City will maintain a required water quality control if the water quality control has been accepted by the City. For a water quality control to be accepted by the City, it must meet the requirements of H above.
3. 
The water quality control shall be designed to minimize maintenance requirements.
4. 
The subdivider/developer and City shall provide for an extended inspection and maintenance program of all water quality controls as follows:
a. 
For a commercial or multifamily development, the owner will maintain a required water quality control in accordance with the maintenance standards in the Engineering Criteria Manual. Documentation will be provided by the owner of the facility to ensure that sufficient annual funding exists to properly maintain any water quality controls. The City or its designated representative shall inspect each water quality control at least once in the first year following approval of completion of construction and at least once every three (3) years thereafter. If noncompliance is found during an inspection, the City will request in writing that the property owner comply. This notice will describe the measures to be taken. If, within thirty (30) days of notice, the maintenance required is not accomplished, the City may impose fines or assessments as established in 1.01.05. Violations and Fines, or bring action in a court of competent jurisdiction as provided in Q Civil Remedy to require the property owner to accomplish necessary maintenance. Necessary maintenance is that maintenance needed to bring the facility or improvement into compliance with this chapter or technical manuals referenced herein or other ordinances, laws or regulations.
b. 
For a single family or duplex residential development, the City will maintain a required water quality control if the water quality control has been accepted by the City. The subdivider/developer shall make an estimation of the cost to conduct periodic inspections and maintenance of water quality controls, including one (1) year after the City's acceptance of completion of construction and every three (3) years thereafter for a total period of at least sixteen (16) years. The City shall have authority to review and approve the estimated costs. The subdivider/developer shall make a contribution for the full estimated cost of inspection and maintenance to the City prior to the City's approval of a final plat or issuance of a site plan.
5. 
The City hereby declares that any failure to maintain a water quality control in accordance with City standards is a public nuisance subject to all remedies, legal and equitable, to abate that nuisance.
K. 
Additional Erosion and Sedimentation Control Requirements in the Recharge Zone. This section provides additional erosion and sedimentation control requirements for development in the Recharge Zone.
1. 
A temporary erosion and sedimentation control plan and a water quality plan certified by a registered professional engineer and approved by the City is required for each new development project.
a. 
The plans must describe the temporary structural controls, site management practices, or other approved methods that will be used to control off-site sedimentation until permanent revegetation is certified to be complete.
b. 
The temporary erosion control plan must be phased to be effective at all stages of construction. Each temporary erosion control method must be adjusted, maintained, and repaired as necessary.
2. 
The City may require a modification of the temporary erosion control plan after determining that the plan does not adequately control off-site sedimentation from the development. Approval by the City and the engineer who certified the plan is required for a major modification of the plan.
3. 
The owner shall designate a project manager who is responsible for compliance with the erosion and sedimentation control and water quality plan requirements during development.
4. 
The length of time between clearing and final revegetation of development may not exceed 18 months, unless extended by the City Council.
5. 
If an Applicant does not comply with the deadline in 4 above, or does not adequately maintain the temporary erosion and sedimentation controls, the City shall notify the Applicant in writing that the City will repair the controls or revegetate the disturbed area at the Applicant's expense unless the work is completed or revegetation is begun not later than the 15th day after the date of the notice.
6. 
A person commits an offense, punishable under 1.01.05. Violations and Fines, if the person allows sediment from a construction site to enter a waterway by failing to maintain erosion controls or failing to follow the approved sequence of construction.
L. 
Stop Work Order.
1. 
If the City or its designated representative determines that a person has not complied with a requirement of this code, the City may order the person to stop the development of or transportation of construction material to the site until the person complies with the requirements of this ordinance.
2. 
While a stop work order is in effect:
a. 
A City inspection may not be performed, and work requiring an inspection may not be approved; and
b. 
A person may not connect any City owned utility at the site.
3. 
If a stop work order is based on a failed inspection, a person may not further develop the site until the development passes a reinspection.
4. 
A City employee shall post a stop work order on the site and mail a copy of the order to the record owner.
M. 
Appeal of a Stop Work Order.
1. 
A person may appeal a stop work order issued under this ordinance by giving written notice to the Director of Planning not later than the third day after the stop work order is posted.
2. 
The notice of appeal must contain:
a. 
The name and address of the appellant;
b. 
A statement of facts;
c. 
The decision being appealed; and
d. 
The reasons the decision should be set aside.
3. 
The City Council shall hear the appeal not later than the next regularly scheduled council meeting after the appeal is filed. The appellant, the appellant's expert, and representatives of the City may offer testimony to the City Council.
4. 
A stop work order, remains in effect during the pendency of an appeal under this section.
N. 
Transfer of Development Intensity.
1. 
On-site development intensity may be increased if additional land, conservation easement, or development rights are acquired off-site. Development should not exceed a maximum of 30% on-site impervious cover of the upland zone when sufficient off site land is provided.
a. 
Off-site mitigation land used for transfer of intensity must be located in the same watershed and aquifer zone as the development.
b. 
Off-site mitigation land being used to offset higher development on a project will not include areas that would be part of a Critical Water Quality Zone, or Critical Environmental Feature buffer.
c. 
Off-site mitigation land will be maintained in a low impervious cover condition (2 percent or less) in perpetuity. Conservation easements or deed restrictions will be used to ensure permanent protection.
d. 
Off-site mitigation lands shall also have provisions made for appropriate long term management, which could include a property owner, home-owners association, river authority, county, land trust, or the City.
e. 
Off-site land shall be in large (25 acres or larger) contiguous areas and used to augment existing conservation efforts, to the greatest extent practical.
f. 
Golf course areas receiving fertilizer, pesticide, and herbicide applications will be excluded from the upland area calculation and will not be used to calculate allowable impervious cover. The off-site acreage may also be reduced when additional land within the Recharge Zone can be preserved. This consideration will be made on a case-by-case basis by the City Council.
O. 
Waiver of Water Quality Regulations.
1. 
The City Council may grant a waiver from the terms of this section only if an Applicant requests in writing and the City Council finds that, because of special circumstances applicable to the property involved, a strict application deprives the property of privileges or safety enjoyed by other similarly situated property with similarly timed development.
a. 
Where these conditions are found, the waiver permitted shall be the minimum departure from the terms of this article necessary to avoid deprivation of privileges enjoyed by other property and to facilitate a reasonable use and which will not create significant probabilities of harmful environmental consequences.
2. 
The City Council may not grant a waiver if it would provide the Applicant with any special privileges not enjoyed by other similarly situated properties with similarly timed development or if based on a special or unique condition which was created as a result of the method by which a person voluntarily subdivides land after the effective date of the ordinance from which this article derives.
3. 
Following recommendations from the City Engineer, Director of Planning, and the Planning and Zoning Commission, the City Council shall prepare written findings of fact justifying its grant or denial of a waiver under this section.
P. 
Application to Existing Tracts and Platted Lots.
1. 
These regulations do not apply to development on a single platted lot or a single tract of land that is not required to be platted before development if the lot or tract existed on and the development is either:
a. 
Construction, renovation, additions to, repair, or development of a single family, single family attached, or a duplex structure used exclusively for residential purposes, and construction of improvements incidental to that residential use; or
b. 
There will be no more than 8,000 square feet of impervious cover, provided that the total impervious cover on the tract is less than 20% of the net site area.
Q. 
Civil Remedy. In the event any provision of these regulations is violated within the limits of the City, or outside the corporate lines but within the area of its extraterritorial jurisdiction, the City may institute any appropriate action or proceedings in district court or another court of competent jurisdiction to restrain and enjoin the violation of this ordinance.
R. 
Conflict with Other Laws and Ordinances.
1. 
These regulations are not intended to conflict with the United States Constitution or the Texas Constitution or to be inconsistent with federal or state statutes that may preempt a municipal ordinance.
2. 
The terms of these regulations shall be applied consistently and uniformly. If a three-quarters majority of the City Council concludes, or a court of competent jurisdiction renders a final judgment concluding that this ordinance, as applied to a specific development project or proposal violates a law described in 1 above, the City Council may, after a public hearing, adjust the application of this ordinance to that project to the minimum extent required to comply with the conflicting law. Any adjustment shall be structured to provide the maximum protection of water quality.
3. 
These regulations are intended to be cumulative of other City ordinances. In case of irreconcilable conflict in the application to a specific development proposal between a provision of this ordinance and any other ordinance, the provision that provides stronger water quality controls on development shall govern.
(Ordinance 2017-13 adopted 10/2/2017)
A. 
Standards for Development outside the Edwards Aquifer Recharge Zone. Residential and nonresidential development projects in the City and extraterritorial jurisdiction and outside of the Edwards Aquifer Recharge Zone shall comply with 4.05.04. Water Quality Protection inside of the Barton Springs/Edwards Aquifer Zone, with the following modifications:
1. 
The requirements of 4.05.04. A Recharge Zone Impervious Cover Limitations and Pollution Prevention Requirements through 4.05.04. G Critical Environmental Features are not applicable outside of the Edwards Aquifer Recharge Zone.
2. 
Section 4.05.04. H Water Quality Control Standards is modified to read as follows:
a. 
A water quality control must be designed in accordance with the most recently adopted version of the Engineering Criteria Manual, or LCRA's Non-Point Source Pollution Control Technical Manual (both are kept for reference at City Hall), or any other innovative management practice approved by the City Engineer.
b. 
A water quality control must isolate and treat the water draining to the control from the contributing area and result in a 75% reduction in total suspended solids and total phosphorous resulting from the development activity. The required pollutant reduction level is applied only to the incremental increase in pollutant load caused by development. If a sand filtration system is required, the minimum required capture volume is the first one-half inch of runoff, or the 2-year storm runoff volume, whichever is greater.
c. 
Water quality controls must be situated to receive and treat all runoff from impervious surfaces in the development. Where this is not practicable, supporting documentation must be provided to demonstrate attainment of the necessary water quality treatment level.
d. 
The location of a water quality control must be shown on the slope map, preliminary plan, site plan, or subdivision construction plan, as applicable; and may not be in located in a twenty-five (25) year floodplain.
3. 
If the developer is proposing an innovative management practice, the Applicant must substantiate the pollutant removal efficiency of the proposed control with refereed professional journals or a verifiable engineering study.
4. 
Section 4.05.04. I Innovative Management Practices is modified to read as follows:
a. 
An innovative runoff management practice is a practice that is designed to address the requirements of section 4.05.04. H Water Quality Control Standards in a fashion that is different from or complementary to the standards contained in the above-referenced sections. The City encourages the use of innovative management practices.
b. 
An innovative management practice proposal must be reviewed and approved by the City. Review and approval is based on:
i. 
Technical merit;
ii. 
Compliance with the requirements for water quality protection and improvement;
iii. 
Resource protection and improvement,
iv. 
Advantages over standard practices; and
v. 
Anticipated maintenance requirements.
5. 
Maintenance. Section 4.05.04. J Water Quality Control Maintenance and Inspection shall apply.
6. 
Prior to the approval by the City of Buda of a permit, final plat, site development plan, or building permit, the developer or Applicant shall provide the City with complete copies of all plans and documents pertaining to the Barton Springs/Edwards Aquifer which are relevant to the proposed project. These plans and documents shall include, but are not limited to, the following:
a. 
Edwards Aquifer Protection Plans.
b. 
Contributing Zone Plans.
c. 
Storm Water Pollution Prevention Plans.
d. 
Water Pollution Abatement Plans.
e. 
Organized Sewage Collection System Plans.
f. 
Underground Storage Tank Facility Plans.
g. 
Aboveground Storage Tank Facility Plans.
B. 
On-Site Wastewater Permit. Prior to the approval of a final plat, the developer or Applicant shall provide the City with complete copies of all applicable permit Applications, plans and documents pertaining to the On-Site Wastewater Permit as required by the County.
(Ordinance 2017-13 adopted 10/2/2017)
A. 
Publications.
1. 
Homebuilders in new subdivisions shall provide information to owners of all new dwellings regarding the design, installation, and maintenance of water efficient landscapes. This information may be obtained from the Barton Springs/Edwards Aquifer Conservation District (BSEACD). However, builders may obtain this information from other sources as long as the information is similar in context and breadth to that of the BSEACD. The information packet will be submitted to the City for approval with the plat Application, or in any case prior to final plat approval. Any charge for such publications shall be incurred by the homebuilder.
2. 
The City shall provide information about the use of water efficient landscapes and irrigation practices to water users throughout the community.
B. 
Model Homes. If there are one or more model homes in a new subdivision, at least one such model home shall be landscaped and shall demonstrate the principles of water efficient landscaping via signs and posted information. Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrazones, irrigation equipment and other approaches which contribute to overall water efficiency.
(Ordinance 2017-13 adopted 10/2/2017)