Definitions for terms, phrases and words related to this article can be found in article 1.02.
(Ordinance 098 Rev. 1, sec. II, adopted 2/21/2023)
(a)
Permit required; exceptions.
(1)
Regardless of size, all rainwater harvesting systems are subject to the requirements for storage tank compliance described herein; however, no permit shall be required for a rainwater harvesting system that conveys water to an above-ground storage tank, such as a rain barrel, for gravity flow (hose flow) irrigation distribution only, if the system consists of no more than two storage tanks that cumulatively hold 200 gallons or less in volume.
(2)
It shall be unlawful for any person to construct or install a rainwater harvesting system without having first obtained a permit from the city if:
(b)
Plans and specifications.
Adequate plans and specifications, as determined by the permit officer, must accompany each application for a permit.
(Ordinance 098 Rev. 1, sec. II(1), adopted 2/21/2023)
(a)
Any person who connects a rainwater harvesting system to the water supply within the city must hold a valid irrigator's license, as defined by title 30, Texas Administrative Code, chapter 30, and required by V.T.C.A., Occupations Code chapter 1903, or as defined by chapter 365, title 22 of the Texas Administrative Code, and required by V.T.C.A., Occupations Code chapter 1301.
(b)
A property owner is not required to be licensed in accordance with V.T.C.A., Occupations Code, title 12, section 1903.002(c)(1) if he or she is performing irrigation work in a building or on premises owned or occupied by the person as the person's home.
(c)
A home or property owner who installs an irrigation system must meet the standards contained in title 30, Texas Administrative Code, chapter 344 regarding spacing, water pressure, spraying water over impervious materials, rain or moisture shut-off devices or other technology, backflow prevention and isolation valves.
(d)
The city may, at any point, adopt more stringent requirements for a home or property owner who installs an irrigation system. See V.T.C.A., Occupations Code section 1903.002 for other exemptions to the licensing requirement.
(Ordinance 098 Rev. 1, sec. II(2), adopted 2/21/2023)
It shall be the duty of the city to inspect all rainwater harvesting systems which require a permit to determine that they are in compliance with this article. For such inspection and the issuance of the permit, a fee shall be paid to the city prior to the issuance of such permit. Permitting of a system under 200 gallons is at no cost to the applicant.
(Ordinance 098 Rev. 1, sec. II(3), adopted 2/21/2023)
All rainwater harvesting systems shall be constructed and maintained in accordance with the following requirements:
(1)
Compliance with state and federal law is the responsibility of the producer, provider, and user of such installations.
(2)
In addition to the requirements of this article, all rainwater harvesting systems must be in compliance with any applicable city building code.
(3)
All approved rainwater harvesting systems must be constructed and installed as per the specifications of the manufacturer of that particular system. A copy of these specifications must be submitted to the city along with the permit application.
(4)
Any rain harvesting system that is connected to the city's potable water system must have a reduced pressure zone backflow preventer installed or an approved air gap method utilized to prevent backflow to the residence and the city's water distribution system.
(Ordinance 098 Rev. 1, sec. II(4), adopted 2/21/2023)
All rainwater harvesting systems constructed and maintained under the provisions of this article shall be subject to the following restrictions and limitations:
(1)
Allowable uses.
Allowable uses of rainwater harvesting systems shall be restricted to non-potable, outdoor irrigation and foundation watering only. Systems supplied or supplemented by a water source not specified herein or used for any purpose other than irrigation shall be prohibited.
(2)
Limited service area.
The rainwater harvesting system shall serve only the lot upon which it is located.
(3)
Connection of additional water source.
Connection of more than one water source to an irrigation system presents the potential for contamination of the potable water supply if backflow occurs. Therefore, connection of any additional water source to an irrigation system that is connected to the potable water supply shall be permitted only if the irrigation system is connected to the potable water supply through a reduced-pressure principle backflow prevention (RPZ) assembly or an approved air gap method. RPZ assemblies must be tested annually and test records must be submitted to city within 30 days of the test date.
(4)
Water source from Lake LBJ.
If the irrigation system water source is solely from Lake LBJ with no connection to the city's potable water supply, no RPZ or air gap method is required between the rain barrel and the irrigation system.
(Ordinance 098 Rev. 1, sec. II(5), adopted 2/21/2023)
Rainwater harvesting systems shall meet all existing structure setback regulations and the following requirements:
(1)
Front yard.
No rainwater harvesting system or any component thereof shall be located in front of the building structure.
(2)
Side or rear yards.
The tank must abide by all other setback requirements for side or rear yards.
(Ordinance 098 Rev. 1, sec. II(6), adopted 2/21/2023)
Regardless of its complexity, a rainwater harvesting system shall be comprised of the following components:
(1)
The catchment surface from which rainwater is collected. Rooftops are the only allowable catchment surface.
(2)
Gutters and downspouts that channel water from the roof catchment surface to the tank.
(3)
Overhead piping of a rainwater harvesting system shall be more no more than 5 feet from the building structure unless the pipe is supported and the pipe is concealed by a structure matching the home.
(4)
The rainwater catchment conveyance system shall be equipped with a debris excluder or other approved means to prevent the accumulation of leaves, needles, other debris and sediment from entering the storage tank.
(5)
Devices and methods used to remove debris or sediment shall be accessible and sized and installed in accordance with the manufacturer's installation instructions.
(6)
No more than two approved storage tanks.
(7)
A delivery system, either gravity fed or pumped to the end use.
(Ordinance 098 Rev. 1, sec. II(7), adopted 2/21/2023)
Regardless of the size or complexity of storage tanks, the following provisions are required to prevent public health hazards and nuisances:
(1)
Storage tanks must be opaque.
(2)
Storage tanks must never have been used to store hazardous materials.
(3)
Storage tanks must be covered and vents screened to prevent mosquito breeding.
(4)
Storage tanks must be accessible for cleaning and repair.
(5)
Storage tank access openings exceeding 12 inches (305 mm) in diameter shall be secured to prevent tampering and unintended entry by either a lockable device or other approved method.
(6)
Storage tanks are required to have an overflow port and system that will not contribute to the erosion and/or the flooding of property downstream from collection system.
(7)
Storage tanks should be placed on a stable, level surface and it must be capable of holding the maximum possible weight when full.
(8)
Storage tanks shall be no more than 6 feet in height above ground level.
(9)
Rainwater identification. Storage tanks must be labeled "RAINWATER–DO NOT DRINK", "NONPOTABLE WATER–DO NOT DRINK", or with a similar phrase that clearly indicates that the water contained within is not suitable for human consumption.
(Ordinance 098 Rev. 1, sec. II(8), adopted 2/21/2023)
Any rainwater harvesting system, permitted or unpermitted, shall:
(1)
Not remain in a condition so as to create a public health hazard or a nuisance to the general public;
(2)
Be maintained as required to keep the system functioning as designed;
(3)
Be maintained so as to prevent the accumulation of unwholesome, stagnant, or offensive water;
(4)
Be maintained so as to prevent the attraction or breeding of mosquitoes or other undesirable pests;
(5)
Not be used for the storage of anything other than water or for anything other than its intended purpose as a rainwater harvesting system.
(Ordinance 098 Rev. 1, sec. II(9), adopted 2/21/2023)
When a rainwater harvesting system is abandoned, all components must be removed.
(Ordinance 098 Rev. 1, sec. II(10), adopted 2/21/2023)
No deviation from the height, setback or any other requirements specified herein shall be permitted unless allowed by the board of aldermen.
(Ordinance 098 Rev. 1, sec. II(11), adopted 2/21/2023; Ordinance adopting Code)
(a)
Civil and criminal penalties.
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
(b)
Criminal prosecution.
Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding that which is provided by state law, except as may be otherwise expressly provided herein or by state law. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(Ordinance 098 Rev. 1, sec. V, adopted 2/21/2023)