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.
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:
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;
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:
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.
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)