See article 1.02 for definitions.
(Ordinance 020 Rev. 27, sec. 1, adopted 10/17/2023)
(a)
To protect the public health, safety, and welfare of the community, the city acknowledges the State of Texas has adopted the International family of codes for the state.
(b)
The following codes are hereby adopted by reference as though they were fully copied herein:
(1)
International Building Code (IBC), current edition, as adopted by the State of Texas.
(2)
International Residential Code (IRC), current edition, as adopted by the State of Texas.
(3)
International Energy Conservation Code (IECC), current edition, as adopted by the State of Texas.
(4)
International Swimming Pool and Spa Code, current edition, as adopted by the State of Texas.
(5)
National Electrical Code (NEC), current edition, as adopted by the State of Texas.
(c)
Adoption of the above-referenced codes supplements, but does not alter or repeal, any other ordinance of the city that establishes zoning and governs residential and commercial construction.
(Ordinance 020 Rev. 27, sec. 2, adopted 10/17/2023)
All plumbing, electrical, mechanical, new irrigation systems, or repairs to irrigation systems, backflow prevention valve tests or expansion of systems, and well drilling work or well pump installation shall be performed under the supervision of persons holding a valid and current State of Texas or municipal license entitling such persons to perform work of the type involved. A property owner may elect to perform the work himself/herself if he/she considers themselves qualified and the state licensing authority authorizes such action. Such work must meet all applicable codes and requirements and receive required inspections by a licensed building code inspector.
(Ordinance 020 Rev. 27, sec. 3, adopted 10/17/2023)
Permits issued by the city will remain valid for periods ranging between six (6) months to twelve (12) months from the date of issue. Extensions may be requested for additional three (3) month increments. See the fee schedule in appendix A of this code for initial periods, extensions, and fees.
(1)
An application for construction of any new residence, any waterfront facility, or major remodel of an existing residence will be held at city hall for a period no less than seven (7) days. These applications will be reviewed by one (1) board of aldermen's designated city building permit official, one (1) elected city official, and one (1) planning and zoning commissioner before being approved or disapproved. All other permits will be held as required by the appointed city official to ensure all reviews and document submission requirements have been met.
(2)
New construction permit requirements include:
(A)
Single-family residences - SFR.
(B)
Outbuildings and garages.
(C)
Any new structure or additions to existing structures.
(D)
Carports.
(E)
Driveways.
(F)
Patio, covered or open.
(G)
Boating facility, boathouse, slips, docks, and ramps with or without electrical or plumbing.
(H)
Sprinkler systems, from lake, well or city water supply.
(I)
Landscaping raw land, grading or lot clearing (refer to article 10.03 for drainage alteration considerations).
(J)
Concrete slabs or hard surface attached or detached to structures.
(K)
Concrete sidewalks or walkways, including steps.
(L)
Septic system construction - requires LCRA permit.
(M)
All construction of seawalls or bulkheads along the shoreline of Lake LBJ and beyond, including fifty feet (50') into Lake LBJ and all dredged canals. Construction must comply with USACE, LCRA, and city requirements. Property owners and contractors are encouraged to review all of these requirements.
(N)
Room additions with or without electrical or plumbing.
(O)
Plugging of any existing water well requires a city permit and a copy of the plugging report required by the state department of licensing and regulation (TDLR) will be delivered to city hall within ten (10) days of the plugging.
(P)
Water well drilling - all requirements and regulations required by TDLR will apply to any new water well drilling in the city. (See permitting and other requirements established by the Central Texas Ground Water Conservation District.) Additionally, any and all new wells drilled will require pressure cementing. Cementing will be done in compliance with TDLR cementing specifications.
(R)
Swimming pools or hot tubs.
(S)
Any building or permanent structure within 10 feet (10') of the property line. (Note, the property owner must locate and verify the property line.)
(T)
Constructing a driveway across the city right-of-way.
(U)
Any development or alteration of any land structure, drainage structure, or drainage easement that in any way alters the existing drainage plan and/or the surface drainage located within the corporate city limits. Requires a certified engineering drainage survey or the approval of the city engineer. (See article 10.03.)
(3)
Remodeling and repair permit requirements include: (Note: The owner should check before remodeling as such activity that results in a nonconforming structure will be a violation of this article and subject to the penalty for violation unless any such nonconformance is corrected.)
(A)
Patio, deck, or carport extension.
(B)
Any concrete pad to be poured next to an existing structure whether or not the new or additional construction is to be connected, in any way, to the existing structure.
(C)
Septic system repair - requires LCRA permit - no fee required if issued before starting repairs.
(D)
Enclosure of any structure.
(E)
Remodel SFR, outbuilding, boat facility or storage building, with or without electrical or plumbing, including any enlargement or alteration of the floor plan or roofline of a building or structure.
(F)
Electrical service (meter loop or service repair).
(G)
Propane tank screen or fence.
(H)
Resurface driveway or approach.
(I)
All seawall or bulkhead repairs along the shoreline of Lake LBJ and beyond, including fifty feet (50') into Lake LBJ. This requirement includes dredged canals. Repairs must comply with USACE, LCRA, and city requirements. Property owners and contractors are encouraged to review all of these requirements.
(J)
Alteration of any land structure, drainage structure, or drainage easement that in any way alters the existing drainage plan and/or the surface drainage located within the corporate city limits. Requires a certified engineering drainage survey or the approval of the city engineer. (See article 10.03.)
(K)
Demolition of any existing structure.
(L)
Any project requiring building code inspection.
(4)
Permits are not generally required for:
(Ordinance 020 Rev. 27, sec. 4, adopted 10/17/2023)
(a)
A certified site survey of the lot will be required before a building permit is issued for the first structure on a lot. A building permit for subsequent structures or additions to structures may be issued on the basis of a prior certified site survey. An acceptable certified site survey must depict building footprints and all proposed overhangs and/or eaves, and location of all lot lines, setbacks, and easements.
(1)
Article 4.04 requires additional information if any portion of the site is located in a special flood hazard area (A and AE). Additionally the site survey shall include: spot ground elevations at residential and nonresidential building corners, one-foot contour elevations throughout the building site, base flood elevation contour, and proposed locations of water supply, sanitary sewer, and utilities. Article 4.04 must be referenced for additional requirements.
(b)
An elevation certificate (current edition) is required for any lot wholly or partially located within the base flood elevation (A and AE). It is a tool of the National Flood Insurance Program and is used to provide elevation information necessary to ensure compliance with city floodplain management ordinances (article 4.04 and article 4.05). An elevation certificate is also used to determine flood insurance rates and support a request to FEMA for a letter of map amendment (LOMA) or letter of map revision (LOMR). The certificate must show that the proposed residential foundation (living area) and other structures will be in compliance with existing elevation requirements and FEMA regulations. (See article 4.04 and article 4.05.)
(c)
The certified site survey set out in subsection (a) above, and the elevation certificate set out in subsection (b) above, must be approved by the board of aldermen's designee before construction proceeds. The designee shall evidence approval and retain a true and correct copy of each survey for the city building permit files. The concrete foundation forms may not be relocated or the elevation of the proposed slab or top of first floor (for SFR per article 4.04) altered without re-survey and re-approval unless waived in writing by the board of aldermen's designee and the city floodplain administrator. The residence lowest floor and appliance pad shall be located as required by article 4.04, two feet (2') above the base flood elevation.
(d)
Any new concrete foundation installation within 3 feet of setbacks or located in zone A or AE shall require a certified form/foundation survey be submitted to the city indicating the location of formboards in relation to property lines, setbacks, and easements. The survey should be performed and submitted prior to rough plumbing and rebar. In the event the lot is located wholly or partially within the base flood elevation, the survey shall include elevation heights of the building corners.
(e)
For waterfront construction, if any structure is to be located within ten (10) feet (including roof drip lines) of an extended lot line, a certified survey will be required to ensure correct placement of any structures in relation to extended lot and setback lines. A certified survey is also required to ensure that the minimum navigation clearance requirements of the zoning ordinance (article 9.02) are met when the shore-to-shore distance is less than 150 feet. Property owners and contractors are required to sign a city form specifying their understanding of the navigational clearance requirements, the setback requirements, and the requirement for pre-and post-construction surveys to ensure the structure, including the roof drip line, does not encroach into the five-foot setback or into the navigational clearance. For any waterfront construction permit request, the requirement for either or for both a pre-or post-construction certified survey may be waived by a unanimous vote of a three-member panel consisting of one (1) board of aldermen's designated city building permit official, one (1) elected city official, and one (1) planning and zoning commissioner. Property owners and contractors are encouraged to review USACE and LCRA requirements.
(f)
The board of aldermen may authorize inspections to be performed by a State of Texas licensed building inspector or a designated city official. This inspector is authorized and empowered to require as many inspections as deemed proper and may also set the inspection schedules. The building code inspector, city officials, appointees, and contract service personnel shall be entitled to enter and inspect all sites where building or installation of structures is occurring to determine compliance with the provisions of all ordinances and restrictions. They may issue orders to cease and desist any work which may be in violation. The penalty for violation provision of the appropriate ordinance may be invoked to assure compliance.
(g)
A customer service inspection, by a licensed inspector, is required prior to continuous connection to the city's water supply for any new residence or structure. Inspections shall be arranged and paid for by the property owner. Required by the state commission on environmental quality and Highland Haven Water System.
(h)
A backflow prevention assembly test, by a certified tester, shall be performed on new irrigation systems or any water feature with an auto fill device (pool) using the city's water supply. Tests shall be arranged and paid for by the property owner. Commercial backflow prevention assembly tests must be performed annually, by a certified tester. Required by the state commission on environmental quality and Highland Haven Water System.
(Ordinance 020 Rev. 27, sec. 5, adopted 10/17/2023)
(a)
Property development application permits are available from the city.
(b)
The appropriate permit fee, inspection fee, and construction enforcement deposit must accompany each application. Fees and deposits will be deposited to the city general fund. If permitted construction does not occur, the inspection fees and cleanup deposit may be returned.
(c)
The application shall include:
(1)
LCRA's approval for an on-site septic system or continued use authorization.
(2)
A certified site survey.
(3)
An elevation certificate (current edition) is required for any lot wholly or partially located within the base flood elevation (A and AE).
(4)
A complete written description of improvements to be made.
(5)
Contractor licensing information for all electrical, mechanical, plumbing, irrigation system, and/or water well drilling/pump installation work, unless the work is actually performed by the property owner. Any property owner acting as contractor must submit a homeowner's license exemption permit application.
(6)
An architectural plan and an engineered foundation plan for a new single-family residence, a major remodel, or a waterfront bulkhead structure. Structural details may be requested depending on the complexity of the structure. Waterfront structures (docks/bulkheads) should include structural details and a description of materials to be used.
(7)
An agreement and acknowledgement form signed by both the property owner and the contractor, recognizing the requirements of applicable ordinances, construction compliance enforcement regulations, building code inspection requirements, setback regulations, and floodplain requirements.
(8)
LCRA floodplain compliance certificate approved by the city floodplain administrator and indicating the property location on the current flood insurance rate map (FIRM).
(10)
A water well permit issued by the Central Texas Ground Water Conservation District when the district so requires.
(d)
Permits are valid for periods ranging between six (6) months to twelve (12) months from the date of issue. Extensions may be requested for additional three (3) month increments. See the fee schedule in appendix A of this code for initial periods, extensions, and fees. It is the responsibility of the permit holder or contractor to apply for a permit extension seven (7) days prior to the expiration of the permit or notify the city when a project has been completed and is ready for a final city cleanup inspection. The return of the permit placard to city hall is the required notification method. Failure to obtain an extension or notify the city of completion within 60 days past the expiration date of the permit shall result in the permit being voided. All permit fees and deposits shall be forfeited. A new permit application must be initiated and approved prior to resuming construction.
(Ordinance 020 Rev. 27, sec. 6, adopted 10/17/2023)
(a)
Permit fee.
Cost of city personnel to review and process property development permit applications, confirm compliance with city ordinances, verify property ownership, record and file appropriate documents, and determine required building code inspections.
(b)
City inspection fee.
Confirm setback requirements are in compliance, monitor job progression for ordinance compliance and completion of building code inspections, and final inspection or certificate of occupancy.
(c)
Building code inspection fees.
Building code inspections ensure the finished construction work meets the quality standards of building codes adopted by the State of Texas. BCI protect the owner and contractor by documenting construction was completed per standards in place for the safety and quality of the finished project. Required building code inspections shall be agreed on by the owner and contractor prior to start of construction.
(d)
Construction compliance deposit.
The deposit is to ensure, from start of construction to completion of the project, that construction activities comply with the ordinances of the city.
(Ordinance 020 Rev. 27, sec. 7, adopted 10/17/2023)
(a)
Single-family residence.
Construction or total demolition of a place, premises, dwelling, house or other place where a person resides.
(b)
Remodel, major.
Includes, but not limited to, additional construction or partial demolition of a structure or a SFR that results in removal of weight-bearing wall(s), enlargement of footprint to add air-conditioned living space, addition or relocation of HVAC, electrical or plumbing, an increase in the height of the ceiling, the addition of a second story, or the enclosure of a garage into livable (heated/air-conditioned) space.
(c)
Waterfront, major.
Includes, but not limited to, any new structure on or over the water, a seawall, bulkhead, dock or boat ramp.
(d)
Remodel, minor.
Construction or demolition of the interior or exterior of a structure, may replace HVAC, electric and/or plumbing, must not include additional air-conditioned living space or removal of load-bearing wall. Minor remodels are typically completed within six (6) months.
(e)
Waterfront, minor.
Additions to existing structure resulting in no change of footprint, no addition of concrete or structure and must remain within setback and navigational requirements. Example, PWC lift or floating PWC dock.
(f)
Outbuildings.
An additional building or structure located on an improved lot with the existence of a single-family residence. Includes: detached garage, workshop, storage facility, gazebo, greenhouse, or pergola. (See the zoning ordinance, article 9.02.)
(g)
Secondary structure.
Anything constructed on land or otherwise located in, on or over the water surface. Any structure not considered an outbuilding, that is subordinate and incidental to the primary structure. Includes: patios, decks, swimming pools, hot tubs, or fountains.
(h)
Non-structure.
No structure above ground, driveway, flat concrete, septic system, fences, irrigation, landscaping, water well plugging. Includes demolition of non-structures.
(Ordinance 020 Rev. 27, sec. 8, adopted 10/17/2023)
(a)
Fees.
Building code inspections require a fee payable at the time of permit approval. Required additional inspections or re-inspections will be charged accordingly. Fees are established by ordinance.
(b)
Required inspections.
(2)
Plumbing rough-in inspection as required prior to rebar installation in a foundation.
(3)
Foundation inspection of any foundation utilizing rebar, prior to concrete installation. Engineered foundations must be inspected by the engineering firm prior to concrete and a letter of approval must be provided to the city. Engineered foundations must also be inspected by a building code inspector for plumbing and electrical installations.
(4)
Framing inspection for any new structure constructed of wood or steel. Dock framing shall be inspected after rebar and prior to concrete.
(5)
HVAC top out inspection.
(6)
Electrical top out inspection.
(7)
Plumbing top out inspection.
Top out inspections of any MEP installation should be prior to installation of insulation and/or covering of walls and ceilings. |
(8)
HVAC final.
(9)
Electrical final.
(10)
Plumbing final.
(11)
Building final inspection.
(Ordinance 020 Rev. 27, sec. 9, adopted 10/17/2023)
(a)
The terrain of any lot or lots shall not be changed in any way so as to cause water drain-off to be directed to the surrounding home sites. In the event construction or alteration of any land structure, drainage structure or drainage easement occurs, a permit and drainage survey are required. (See article 10.03.)
(b)
Before any concrete is poured, the lot owner or builder shall determine the actual position of the concrete foundation forms as related to lot lines, setbacks, and easements, and verify that they are located as shown on the lot survey plot plan in the approved building permit. This requirement applies to land and waterfront construction. A form/foundation survey shall be required if setback tolerances are critical, or elevations require verification relative to the elevation certificate required in section 4.02.005(a)(1).
(c)
As required by the elevation certificate (section 4.02.005(b)) a post top of first floor construction elevation survey shall be conducted by a licensed surveyor or engineer verifying that the as-built foundation is as required by the elevation certificate and article 4.04. Results shall be noted on the elevation certificate and a copy of the elevation certificate shall be provided to the city.
(d)
Above-ground LPG [tanks] up to 250 gallons are permitted provided the fuel storage tank has a current certification that meets appropriate government regulations. Above-ground LPG tanks must be surrounded by appropriate screening material, i.e., fencing, lattice, or shrubbery. An above-ground propane tank must be secured if located within the base flood elevation and be located a minimum of two (2) feet above the base flood elevation. A direct burial LPG tank up to 500 gallons is permitted if the tank is certified for direct burial, meets all governmental regulations and codes, and a copy of such certification is provided to the city. Direct burial LPG tanks must be located at least ten feet (10') from any lot line, building, or roadway, and the location marked or protected to prevent travel over the tank location by vehicles or machines or excavation of the tank area. The property owner shall insure that the LPG tank installation provides a sufficient clearance from any buried water, septic, or electrical lines.
(e)
All garages will be enclosed on a minimum of three (3) sides and will be equipped with a garage door; a garage door opening shall not exceed 10 feet (10') in height.
(f)
The interiors of all garages and carports must be finished in such a way as to conceal framing, insulation material, or unfinished masonry.
(g)
All new residential construction and major remodels shall be treated, by a licensed technician, for subterranean termites by one of the methods approved in the current edition of the International Residential Building Code. Proof of the required treatment must be submitted to the city prior to issuance of a certificate of occupancy or refund of the construction deposit.
(h)
Some form of ground cover, such as grass, rocks, etc., will be required within 90 days after completion date of a new SFR, major remodel, or septic system replacement or repair. No deposit refund will be issued until ground cover is completed.
(i)
Water wells:
(1)
Drilling of new water wells is prohibited.
(A)
The prohibition of drilling new water wells does not apply in any way to the Highland Haven Water System.
(2)
Plugging of an existing water well must be done by a licensed well driller or pump installer.
(3)
Any existing inactive water well that is capped must be plugged within 90 days of inactivity.
(Ordinance 020 Rev. 27, sec. 10, adopted 10/17/2023)
(a)
Generally.
Applicants for a property development permit (building permit) shall, in addition to permit fees, post a deposit. The deposit is to ensure, from start of construction to completion of the project, that construction activities comply with the ordinances of the city.
(1)
Violations may result in deductions from the deposit and paid to the city. The mayor, building permit official or code enforcement official are authorized to approve deductions. Deposit deductions are specified by the fee schedule in appendix A of this code.
(2)
Owners and contractors shall be notified of any deductions from the deposit, in writing or email. Should the balance of the initial deposit fall below 50%, additional funds shall be provided to make the original deposit whole.
(3)
The applicant shall be provided with a copy of this section when the deposit is delivered. Property owners and contractors shall provide signatures agreeing and acknowledging deductions shall occur for violations.
(4)
Unpaid balances due the city shall be deducted from the deposit. Unpaid balances may result from permit extensions, stop work orders, additional building code inspections, or additional permit fees resulting from changes in scope of work. Any portion of the deposit remaining at the end of the project will be refunded, without interest, to the deposit payor.
(5)
A certificate of occupancy, if required, post-construction elevation certificates and photographs, proof of termite treatment, copies of customer service inspection and backflow prevention test and installation of ground cover must be completed prior to refund of the deposit.
(b)
Restroom facilities.
Portable toilets are required to be on-location for construction of a new family residence, major remodel or any construction that prevents access to on-site sanitary facilities. Absence of restroom facilities for construction workers shall result in a stop work order.
(c)
Construction site cleanup/maintenance.
An appropriate trash container (dumpster) must be on-location prior to start of construction of a new single-family residence, major remodel, or any project expected to accumulate large amounts of debris.
(1)
The construction site and surrounding areas shall be kept free from tree and brush trimmings, construction debris and litter, with no significant accumulation outside of a dumpster for more than twenty-four (24) hours.
(2)
Materials having no further use on the existing job is considered debris and shall be removed from the site.
(3)
If accumulation of debris becomes a nuisance and threat to public safety the city will advise their concern and request the construction site be cleaned up.
(4)
Notice shall be considered served on the permit holder and contractor by posting near the building permit at the job site or by written or email communication with the permit holder, contractor and/or designated property owner representative.
(5)
Failure to comply within forty-eight (48) hours may result in a stop work order and a deposit deduction.
(d)
Damage to city property.
The permit holder and contractor shall preserve, and totally restore to generally equivalent condition if damaged, any and all city property including roads, utilities, drainage ditches, and signs. Any unrepaired damage shall be repaired by a contractor hired by the city and the actual cost incurred by the city shall be deducted from the compliance deposit. Incurred costs exceeding the balance of the deposit shall be invoiced to the permit holder and/or contractor.
(e)
Construction nuisances.
A nuisance is a "condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities attempting to use and enjoy it." In other words, a nuisance is something that would annoy a reasonable person. A minor nuisance affects adjacent neighbors.
(1)
Burning and/or burying of trash or building materials generated during construction or remodeling is prohibited. Violations may result in deposit deductions.
(2)
Contractor construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday.
(A)
Violation of this provision is considered unique and shall result in a deposit deduction.
(B)
Variance to hours of activities may be granted in writing by the mayor or building permit official only if granted 48 hours prior to a scheduled event, and agreed to by signature, of all neighbors adjacent to the job site.
(C)
A construction activity variance shall require a fee to be paid to the city. Violations shall result in deposit deductions.
(3)
Excessive loud music or activity unrelated to the construction process shall be considered a nuisance. Violations may result in deposit deductions.
(4)
Parking by construction or work crews must be on the property where the construction is occurring or in the right-of-way at the side of the street. Vehicles may not impair traffic, block mailboxes, impede emergency vehicles or become a nuisance for neighbors in the vicinity. Violations may result in deposit deductions.
(f)
Amendment of permit.
Change in scope of work affecting building footprint, roofline, facade, or addition of a licensed trade must be reported to the permit official. Amendment of the permit will result in appropriate additional fees and deposit. Failure to notify may result in deposit deductions and a stop work order.
(g)
Failure to obtain inspections.
Building code inspections ensure the finished construction work meets the quality standards of building codes adopted by the State of Texas. BCI protect the owner and contractor by documenting construction was completed per standards in place for the safety and quality of the finished project. Failure to obtain required building code inspections is considered a unique violation and shall result in deposit deductions and a stop work order.
(h)
Posting of placard; return of placard.
A copy of the approved building permit placard shall be posted so that it is visible from the street and remain posted until completion of the project. Upon project completion, the placard must be returned to the city. Return of the placard is the responsibility of the permit holder and the project shall not be considered complete until the placard is returned.
(i)
Certificate of occupancy.
Certification of occupancy is required for all new single-family residences, before any habitation or furniture can be moved in. Occupancy prior to issuance shall result in forfeiture of the entire deposit and continuous connection to the Highland Haven water supply may be denied. A provisional C of O may be obtained from the mayor or building permit official for a fee payable to the city.
(Ordinance 020 Rev. 27, sec. 11, adopted 10/17/2023)
Requests for variance from this article must be submitted as outlined in the zoning ordinance (article 9.02).
(Ordinance 020 Rev. 27, sec. 12, adopted 10/17/2023)
(a)
The board of aldermen designee, mayor, building permit official and/or the building code inspector will administer the provisions of this article. Control will normally be exercised through the use of permits, which will assure that construction conforms to applicable regulations.
(b)
Note 1: Removal of construction found to be in violation of existing ordinances could be required.
(c)
Note 2: Property owners and contractors are encouraged to check with city officials if there are any questions concerning permit requirements. Both property owners and contractors are responsible for meeting ordinance and code requirements.
(Ordinance 020 Rev. 27, sec. 13, adopted 10/17/2023)
Fees for building permits, inspections and cleanup deposits shall be established by ordinances of the city. The building permit fee shall be greater for permits obtained after the building project has started. See the current approved building permit fee schedules.
(Ordinance 020 Rev. 27, sec. 14, adopted 10/17/2023)
As outlined above and/or additionally per article 1.03.
(Ordinance 020 Rev. 27, sec. 15, adopted 10/17/2023)
This article applies to all lots and tracts of land found within the city limits.
(Ordinance 020 Rev. 27, sec. 18, adopted 10/17/2023)