(A)

Except as provided in Subsection (B), this chapter applies in the planning jurisdiction.

(B)

For the preliminary plan, final plat, or subdivision construction plan in the portion of the city's extraterritorial jurisdiction that is within Travis County:

(1)

this chapter does not apply; and

(2)

Title 30 (Austin/Travis County Subdivision Regulations) governs.

Source: Ord. 20131017-046.

In this chapter:

(1)

ADVERSE FLOODING IMPACT means an increase in flood risk or hazards.

(2)

ATLAS 14 means the National Oceanic and Atmospheric Administration's Precipitation-Frequency Atlas 14 of the United States, Volume 11, Version 2.0: Texas.

(3)

DEVELOPMENT APPLICATION means an application required under Title 25 for development, such as an application for subdivision, site plan, or building permit.

(4)

DIRECTOR, when used without a qualifier, means the director of the Watershed Protection Department, or the director's designee.

(5)

DRAINAGE EASEMENT means an easement or right-of-way for a drainage facility required by Section 25-7-152 (Dedication of Easements and Rights-of-Way).

(6)

EROSION HAZARD ZONE means an area where future stream channel erosion is predicted to result in damage to or loss of property, buildings, infrastructure, utilities, or other valued resources.

(7)

FEMA means the Federal Emergency Management Agency.

(8)

FEMA FLOODPLAIN means a special flood hazard area delineated on a flood insurance rate map.

(9)

FLOOD INSURANCE RATE MAP means an official map of a community on which FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

(10)

100-YEAR FLOODPLAIN means an area within a floodplain subject to a one percent or greater chance of flooding in any year as calculated in accordance with Section 25-7-6 (Determination of the 100-Year Floodplain).

(11)

25-YEAR FLOODPLAIN means an area within a floodplain subject to a four percent or greater chance of flooding in any year as calculated in accordance with Section 25-7-7 (Determination of the 25-Year Floodplain).

(12)

WATERWAY means a watercourse, drainage way, branch, creek, or stream including, but not limited to, the limits of the 100-year and 25-year floodplains.

Source: Ord. 20131017-046; Ord. No. 20191114-064, Pts. 3, 4, 11-25-19.

Unless authorized by a development application approved under Title 25, a person may not place, or cause to be placed, an obstruction in a waterway.

Source: Ord. 20131017-046.

The person in control of real property traversed by a waterway shall keep the waterway free from an obstruction that is not authorized by a development application approved under Title 25.

Source: Ord. 20131017-046.

A pool of standing water in a waterway that is caused by an unauthorized obstruction in the waterway is declared to be a nuisance.

Source: Ord. 20131017-046.

For purposes of this chapter, the 100-year floodplain shall be:

(A)

For areas amended to incorporate Atlas 14 data, the 100-year floodplain calculated under fully developed conditions as prescribed by the Drainage Criteria Manual as amended to incorporate Atlas 14 data;

(B)

For areas not yet amended to incorporate Atlas 14 data, the 500-year floodplain either as depicted on the FEMA Flood Insurance Rate Map as of January 6, 2016, as subsequently revised, or as calculated under existing conditions as prescribed by the Drainage Criteria Manual using data predating Atlas 14; or

(C)

For the Colorado River, the 100-year floodplain as depicted on the FEMA Flood Insurance Rate Map dated January 6, 2016, as subsequently revised.

Source: Ord. No. 20191114-064, Pt. 6, 11-25-19.

For purposes of this chapter, the 25-year floodplain shall be:

(A)

For areas amended to incorporate Atlas 14 data, the 25-year floodplain calculated under fully developed conditions as prescribed by the Drainage Criteria Manual as amended to incorporate Atlas 14 data;

(B)

For areas not yet amended to consider Atlas 14 data, the 100-year floodplain calculated under fully developed conditions as prescribed by the Drainage Criteria Manual using data predating Atlas 14; or

(C)

For the Colorado River, the 25-year floodplain as calculated under exiting conditions as prescribed by the Drainage Criteria Manual using data predating Atlas 14.

Source: Ord. No. 20191114-064, Pt. 6, 11-25-19.

(A)

Except as provided in Subsection (B), stormwater runoff shall be computed on the basis of a fully developed contributing drainage area or watershed as determined under the Drainage Criteria Manual.

(B)

When determining the runoff generated from the 500-year flood for the purpose of determining the 100-year floodplain under Subsection (B) of Section 25-7-6 (Determination of the 100-Year Floodplain), stormwater runoff shall be computed on the basis of an existing developed contributing drainage area or watershed.

Source: Ord. 20131017-046; Ord. No. 20191114-064, Pt. 5, 11-25-19.

(A)

For a preliminary plan or plat application to demonstrate that the proposed development would not result in an adverse impact to adjacent properties, the director may require the owner of real property to provide, at the owner's expense, a drainage study for the total area to be developed to demonstrate compliance with applicable drainage regulations.

(B

For all other applications, the director may require the owner of real property to provide, at the owner's expense and as a condition for development application approval, a drainage study for the total area to be ultimately developed.

(C)

The drainage study must be in accordance with the Drainage Criteria Manual.

(D)

If a drainage study is required under this section, the City may not accept for review a development application for any portion of the proposed development until the director has received the required drainage study.

Source: Ord. 20131017-046; Ord. No. 20230831-141, Pt. 43, 9-11-23.

(A)

For a preliminary plan or plat application to demonstrate that the development proposed in a preliminary plan or plat application does not create negative erosion impacts, the owner of real property may provide, at the owner's expense, an erosion hazard zone analysis.

(B)

An erosion hazard analysis is not required for:

(1)

a minor, unoccupied residential appurtenance to a residential use;

(2)

a hard-surfaced trail located between 100 and 200 feet of the ordinary high water mark of the Colorado River downstream from Longhorn Dam, as defined by Code of Federal Regulations Title 33, Section 328.3 (Definitions); or

(3)

development on a property separated from the triggering waterway by a public roadway.

(C)

For all other development applications, the director may require the owner of real property to provide, at the owner's expense and as a condition for development application approval, an analysis to establish the erosion hazard zone if the proposed development is:

(1)

within 100 feet of the centerline of a waterway with a drainage area of 64 acres or greater;

(2)

within 100 feet of the ordinary high water mark of the Colorado River downstream from Longhorn Dam, as defined by Code of Federal Regulations Title 33, Section 328.3 (Definitions) and is proposing to add, remodel, or reconstruct a:

(a)

single-family residential use,

(b)

duplex residential use,

(c)

two-unit residential use, or

(d)

three-unit residential use.

(3)

within 100 feet of the ordinary high water mark of the Colorado River downstream from Longhorn Dam, as defined by Code of Federal Regulations Title 33, Section 328.3 (Definitions) and a residential building permit for a manufactured home;

(4)

within 200 feet of the ordinary high water mark of the Colorado River downstream from Longhorn Dam, as defined by Code of Federal Regulations Title 33, Section 328.3 (Definitions); or

(5)

located where significant erosion is present.

(D)

The erosion hazard zone analysis must be in accordance with the Drainage Criteria Manual.

(E)

If an erosion hazard zone analysis is required under this section, the City may not accept for review a development application for any portion of the proposed development until the director has received the required erosion hazard zone analysis.

Source: Ord. 20131017-046; Ord. No. 20170615-102, Pt. 4, 6-15-17; Ord. No. 20230831-141, Pt. 44, 9-11-23; Ord. No. 20250327-084, Pt. 1, 4-7-25.

(A)

The director shall designate and maintain official floodplain maps.

(B)

If an official floodplain map is not delineated, the owner of property to be developed shall calculate the boundaries of the 100-year floodplain in accordance with the Drainage Criteria Manual and submit the calculation to the director for approval.

(C)

If the director determines that FEMA regulations require a submission to the agency of a request for a flood insurance rate map revision, the director may require that the revision request to FEMA be submitted by the owner of property to be developed.

(D)

A person who files a development application shall depict, as applicable:

(1)

on a preliminary plan or subdivision construction plan:

(a)

a 100-year floodplain;

(b)

a FEMA floodplain; and

(c)

a drainage easement or proposed drainage easement;

(2)

on a final plat:

(a)

a drainage easement; and

(b)

a portion of a FEMA floodplain that is outside a drainage easement;

(3)

on a site plan, including site plan exemption or general permit:

(a)

a 100-year floodplain;

(b)

a FEMA floodplain; and

(c)

a drainage easement; or

(4)

on a residential building permit:

(a)

a 100-year floodplain;

(b)

a FEMA floodplain; and

(c)

a drainage easement.

(E)

If a portion of a FEMA floodplain is outside a drainage easement, the owner of property to be developed shall, on a final plat:

(1)

identify the portion of the FEMA floodplain that is outside the drainage easement, including the community and panel number of the flood insurance rate map; and

(2)

include a note that:

(a)

refers the reader to federal regulations governing development in a FEMA floodplain;

(b)

states that flood insurance may be required; and

(c)

describes efforts to revise the flood insurance rate map.

Source: Ord. 20131017-046.

(A)

A development application may not be approved unless:

(1)

the proposed development application demonstrates sufficient capacity for the design flood, as determined under the Drainage Criteria Manual;

(2)

each proposed improvement is sufficiently strong to resist:

(a)

external pressure caused by earth or building; and

(b)

internal pressure or abrasion caused by water or debris;

(3)

the proposed grades will not permit water to gather in a pool that may become stagnant, excluding variable pools in creek beds as a result of natural channel design;

(4)

temporary and permanent measures to control erosion are sufficient to minimize siltation of the waterway, as determined under the Environmental Criteria Manual; and

(5)

the proposed development:

(a)

will not result in additional adverse flooding impact on other property;

(b)

to the greatest extent feasible, preserves the natural and traditional character of the land and the waterway located within the 100-year floodplain;

(c)

except as provided by Subsection (B), includes on-site control of the two-year peak flow, as determined under the Drainage Criteria Manual and the Environmental Criteria Manual;

(d)

will not result in additional erosion impacts on other property; and

(e)

locates all proposed improvements outside the erosion hazard zone, unless protective works are provided as prescribed in the Drainage Criteria Manual.

(B)

A proposed development may provide off-site control of the two-year peak flow, if the off-site control will not cause:

(1)

an adverse water quality impact from increased in-stream peak flow; or

(2)

streambank erosion.

Source: Ord. 20131017-046.

(A)

The director may not accept any plan or specification for a proposed alteration or improvement of a bed or bank of a waterway unless the plan or specification is accompanied by a certificate bearing the seal of a Texas professional engineer certifying that:

(1)

the hydraulic and structural design is adequate; and

(2)

the proposed alteration or improvement complies with the ordinances of this City, the Drainage Criteria Manual, and the laws of this state.

(B)

Subsection (A) does not prohibit the director from accepting a plan or specification for a minor alteration or improvement that, in the judgment of the director, does not require certification by a Texas professional engineer.

Source: Ord. 20131017-046.

If a development application requires the completion or partial completion of a drainage improvement before a building may be constructed on a lot, a building permit or certificate of compliance may not be issued for the lot unless the director of the Planning and Development Review Department approves the issuance.

Source: Ord. 20131017-046.

The design and construction of a drainage facility or improvement must:

(1)

be in accordance with the Drainage Criteria Manual; and

(2)

provide for maintenance and protection from erosion in accordance with the Environmental Criteria Manual.

Source: Ord. 20131017-046.

(A)

The director of the Planning and Development Review Department must approve the plans and specifications for a storm drain, bridge, or culvert.

(B)

The City Manager may inspect the construction of each storm drain, bridge, or culvert.

Source: Ord. 20131017-046.

(A)

The requirements of this section supplement the criteria in Section 25-7-61 (Criteria for Approval of Development Applications) for development within the area bound by Oltorf to the north, the Union Pacific railroad tracks to the east, Highway 290/Ben White Boulevard to the south, and South Lamar and Manchaca Road to the west.

(B)

The director may determine that a development will have no adverse flooding impact to other property, as required by Section 25-7-61(A)(5) (Criteria for Approval of Development Applications), only if the director finds that:

(1)

for development that will alter or impact stormwater flow, the determination is substantiated by detailed hydraulic and hydrologic analyses, submitted by a licensed engineer under seal, that models downstream impacts, within a scope deemed appropriate by the director based on the scale and intensity of the development; and is submitted by a licensed engineer under seal; and

(2)

existing peak flow rate will be reduced by at least 10% for proposed development or redevelopment that would exceed 45% impervious cover, as calculated based on gross site area.

(C)

In addition to all other applicable requirements, a development application must comply with the requirements of this section.

(1)

Except as provided in Paragraph (C)(2), an application for development of a new or existing duplex, single-family attached, two-family residential, secondary apartment, or condominium residential use must include scaled drawings and a grading plan identifying:

(a)

finished floor elevations;

(b)

driveway and sidewalk locations;

(c)

building footprint; and

(d)

location of all stormwater discharge.

(2)

The requirements of Paragraph (C)(1) do not apply to development of a single-family residential use on a platted lot if impervious cover will not exceed 45%, as calculated based on gross site area.

(3)

For development of a single-family residential subdivision:

(a)

the construction plans for subdivision infrastructure must include a concept plan identifying building footprints and the location of sidewalks and driveways for each lot within the subdivision; and

(b)

a grading plan for each lot, consistent with the subdivision construction plans, if applicable, must be provided at the time of development and building permit review.

(D)

The requirements of this section do not:

(1)

affect implementation of the Regional Stormwater Management Program, as prescribed by the Drainage Criteria Manual; or

(2)

prohibit the director from waiving detention requirements, as prescribed in the Drainage Criteria Manual, if an applicant provides offsite improvements that result in an overall improvement of flooding conditions within the affected watershed.

Source: Ord. No. 20141211-200, Pt. 1, 12-11-14; Ord. No. 20171214-096, Pt. 2, 12-14-17.

Note— Part 3 of Ordinance No. 20141214-096 states, "The City Manager is directed to adopt administrative rules that are determined to be necessary for implementation of this ordinance. The requirements of this ordinance control in the event of a conflict with the Drainage Criteria Manual, including but not limited to § 1.2.2(G), the Environmental Criteria Manual, or other administrative rules."

Part 6 of Ordinance No. 20171214-096 states, "This ordinance expires on December 14, 2019."

(A)

This section applies to a residential infill project.

(B)

A development application is not required to comply with Section 25-7-61 (Criteria for Approval of Development Applications), Section 25-7-151 (Stormwater Conveyance and Drainage Facilities), or Section 25-7-152 (Dedication of Easements and Right-of-Way) if:

(1)

The application is a resubdivision that does not exceed a gross site area of 17,780 square feet; or

(2)

The applicant provides a drainage plan demonstrating that all stormwater runoff from the development will be discharged:

(a)

to an existing storm drainage system; or

(b)

into right-of-way.

(C)

A development application must demonstrate all proposed improvements will be outside the erosion hazard zone, unless protective works are provided as prescribed in the Drainage Criteria Manual.

(D)

The owner of real property proposed to be developed shall be required to provide an easement for stormwater flow to the limits of the 100-year floodplain, as prescribed in the Drainage Criteria Manual.

Source: Ord. No. 20250306-037, Pt. 4, 5-23-25.

This article applies in the zoning jurisdiction.

Source: Ord. 20131017-046.

(A)

Except as provided in Section 25-7-96 (Exceptions in the 25-Year Floodplain), a development application may not be approved if a proposed building or parking area encroaches on the 25-year floodplain.

(B)

Except as provided in Sections 25-7-93 (General Exceptions), 25-7-94 (Exceptions in Central Business Area), and 25-7-95 (Exceptions for Parking Areas), a development application may not be approved if a proposed building or parking area encroaches on the 100-year flood plain.

(C)

The director may grant a variance to Subsection (A) or (B) if the director determines that:

(1)

the finished floor elevation of a proposed building is at least two feet above the 100-year floodplain;

(2)

normal access to a proposed building is by direct connection with an area above the regulatory flood datum, as prescribed by Chapter 25-12, Article 1 (Building Code);

(3)

a proposed building complies with the requirements in Chapter 25-12, Article 3 (Flood Hazard Areas);

(4)

the development compensates for the floodplain volume displaced by the development;

(5)

the development improves the drainage system by exceeding the requirements of Section 25-7-61 (Criteria for Approval of Development Applications), as demonstrated by a report provided by the applicant and certified by an engineer registered in Texas;

(6)

the variance is required by unique site conditions; and

(7)

development permitted by the variance does not result in additional adverse flooding impact on other property.

(D)

The director shall prepare written findings to support the grant or denial of a variance request under this section.

Source: Ord. 20131017-046; Ord. No. 20210603-059, Pt. 5, 9-1-21.

(A)

A development application with a proposed building or parking area that encroaches on the 100-year floodplain may be approved if the encroachment is:

(1)

a parking area that is smaller than 5,000 square feet or an unoccupied structure that has an area of less than 1,000 square feet, and the director determines that the proposed development:

(a)

will not have an adverse effect on the 100-year floodplain or surrounding properties; and

(b)

otherwise complies with the requirements of this title;

(2)

a new building for residential use that replaces an existing legally constructed building for residential use on the same property and that does not increase the number of legal dwelling units on the property;

(3)

a new building for commercial use that replaces an existing legally constructed building for commercial use on the same property; and

(a)

does not increase the building square footage on the property;

(b)

does not include the following uses as they are defined in the International Building Code:

(i)

E (Educational);

(ii)

F (Factory);

(iii)

H (High Hazard); or

(iv)

I (Institutional); and

(c)

does not increase the flood level of parking spaces within the 100-year floodplain unless additional parking is required by another section of this title;

(4)

a building authorized by a waterway development permit issued under Chapter 9-10 before September 25, 1983; or

(5)

a building in the 100-year floodplain of:

(a)

Lady Bird Lake;

(b)

the Colorado River downstream from Longhorn Dam;

(c)

Lake Austin; or

(d)

Lake Travis.

(B)

To be approved under this section, development must:

(1)

be no lower than two feet above the 100-year floodplain, as measured from the lowest floor elevation of any proposed building;

(2)

comply with the requirements in Chapter 25-12, Article 3 (Flood Hazard Areas);

(3)

compensate for the floodplain volume displaced by the development; and

(4)

result in no additional adverse flooding impact on other properties, as determined by the director.

Source: Ord. 20131017-046; Ord. No. 20140626-113, Pt. 17, 7-7-14; Ord. No. 20191114-064, Pt. 7, 11-25-19; Ord. No. 20210603-059, Pt. 5, 9-1-21; Ord. No. 20220901-098, Pt. 1, 9-12-22.

(A)

This section establishes requirements that apply in the central business area.

(B)

In this section, central business area means the area bounded by Interstate Highway 35, Riverside Drive, Barton Springs Road, Lamar Boulevard, and 15th Street.

(C)

A development application with a proposed building or parking area that encroaches on the 100-year floodplain may be approved if:

(1)

the floor slab of a proposed building is at least two feet above the 100-year floodplain;

(2)

normal access to that building is by direct connection with an area above the regulatory flood datum, as defined in Chapter 25-12, Article 3 (Flood Hazard Areas);

(3)

development associated with construction of the building compensates for any floodplain volume displaced by that construction; and

(4)

the applicant demonstrates by means of a study certified by a Texas registered professional engineer that the construction of the building and development activities associated with that building improves the drainage system by exceeding the minimum requirements of Sections 25-7-3 (Obstruction of Waterways Prohibited), 25-7-4 (Duty to Maintain Unobstructed Waterways), and 25-7-5 (Standing Water Declared a Nuisance).

(D)

The director may waive a requirement of Subsection (C) if:

(1)

the applicant submits:

(a)

a written request identifying the requirement to be waived; and

(b)

a justification for the waiver prepared by a Texas registered engineer certifying that waiving the requirement will not result in additional adverse flooding of other property; and

(2)

the director determines that:

(a)

the waiver is required by unique site conditions;

(b)

the waiver is a minimum departure from the requirements of Subsection (C); and

(c)

waiving the requirement will not result in additional adverse flooding of other property.

(E)

A development application that may be approved under this section must comply with the flood proofing requirements in Chapter 25-12, Article 3 (Flood Hazard Areas).

Source: Ord. 20131017-046; Ord. No. 20210603-059, Pt. 5, 9-1-21.

(A)

This section establishes requirements that apply to the development of a parking area.

(B)

A development application with a proposed parking area that encroaches on the 100-year floodplain may be approved if:

(1)

the level of water detention or waterflow in the parking area during the 100-year storm does not exceed:

(a)

an average depth of eight inches; or

(b)

a maximum depth of 12 inches at any point; and

(2)

appropriate signs, approved by the director, are posted to notify persons that the water detention or waterflow in the parking lot may exceed a depth of eight inches.

(C)

Notwithstanding the requirements of Subsection (B), a development application with a proposed parking area that encroaches on the 25-year floodplain or the 100-year floodplain may be approved if the parking area is accessory to a building approved under Section 25-7-93 (General Exceptions) or Section 25-7-96 (Requirements in the 25-year Floodplain).

Source: Ord. 20131017-046; Ord. No. 20191114-064, Pt. 8, 11-25-19.

(A)

This section establishes requirements that apply to development in the 25-year floodplain.

(B)

A development application with a proposed building or parking area that is located on parkland, a golf course, or other public or recreational land and that encroaches on the 25-year floodplain may be approved if:

(1)

the building, if any, is:

(a)

a restroom or bath facility, concession stand, tool shed, or pump house, with an area of less than 1,000 square feet; or

(b)

a dock that is located in the 25-year floodplain of Lady Bird Lake, Lake Walter E. Long, or Lake Austin and constructed, or proposed to be constructed, in compliance with the regulations of this title; and

(2)

the parking area, if any, is smaller than 5,000 square feet.

(C)

A development application for a proposed new building for residential use that replaces an existing legally constructed building for residential use may be approved if the building is:

(1)

on the same property; and

(2)

not increasing the number of legal dwelling units on the property.

(D)

A development application for a proposed new building for commercial use that replaces an existing legally constructed building for commercial use may be approved if the building is:

(1)

on the same property;

(2)

not increasing the building square footage on the property;

(3)

not including the following uses as they are defined in the International Building Code;

(i)

E (Educational);

(ii)

F (Factory);

(iii)

H (High Hazard); or

(iv)

I (Institutional); and

(4)

not increasing the flood level of parking spaces within the 25-year floodplain unless additional parking is required by another section of this title.

(E)

To be approved under this section, development must:

(1)

be no lower than two feet above the 100-year floodplain, as measured from the lowest floor elevation of any proposed building;

(2)

comply with the requirements in Chapter 25-12, Article 3 (Flood Hazard Areas);

(3)

compensate for the floodplain volume displaced by the development;

(4)

result in no additional adverse flooding impact on other properties, as determined by the director; and

(5)

Otherwise comply with the requirements of this title, as determined by the director.

Source: Ord. 20131017-046; Ord. No. 20140626-113, Pt. 18, 7-7-14; Ord. No. 20191114-064, Pt. 9, 11-25-19; Ord. No. 20210603-059, Pt. 5, 9-1-21; Ord. No. 20220901-098, Pt. 2, 9-12-22.

(A)

The owner or developer of property to be developed is responsible for the conveyance of all stormwater flowing through the property, including stormwater that:

(1)

is directed to the property by other developed property; or

(2)

naturally flows through the property because of the topography.

(B)

Future upstream development shall be accounted for as determined under the Drainage Criteria Manual.

(C)

If the construction or improvement of a storm drainage facility is required along a property line that is common to more than one property owner, the owner proposing to develop the property is, at the time the property is developed, responsible for each required facility on either side of the common property line.

(D)

The responsibility of the owner proposing to develop the property includes the responsibility to dedicate or obtain the dedication of any right-of-way or easement necessary to accommodate the required construction or improvement of the storm drainage facility.

(E)

If an owner of property proposes to develop only a portion of that property, a stormwater drainage facility to serve that portion of the property proposed for immediate development or use is required, unless the director determines that construction or improvement of a drainage facility outside that portion of the property to be developed is essential to the development or use of the property to be developed.

(F)

The owner or developer shall provide adequate off-site drainage improvements to accommodate the full effects of the development. The city may assist the owner or developer in the acquisition of an interest in property necessary to provide an off-site improvement, if the owner or developer:

(1)

by affidavit, certifies that a bona fide attempt to provide the off-site drainage improvements has not been successful; and

(2)

provides an adequate guarantee that the owner or developer will:

(a)

finance the entire cost of acquiring the necessary property interest; and

(b)

retain full responsibility for construction of the required off-site improvement.

Source: Ord. 20131017-046.

(A)

The owner of real property proposed to be developed shall dedicate to the public an easement or right-of way for a drainage facility, open or enclosed, and stormwater flow to the limits of the 100-year floodplain, as prescribed in the Drainage Criteria Manual.

(B)

An easement or right-of-way required by Subsection (A) must be of sufficient width to provide continuous access for the operation, maintenance, or repair of a drainage facility as prescribed in the Drainage Criteria Manual.

(C)

The owner of the property shall dedicate any additional easement or right-of-way that is necessary to allow continuous access for the operation, maintenance, or rehabilitation of a drainage facility.

(D)

A part of a lot or tract of land that is located in an easement or right-of-way required by this section may be included as part of the area of the lot or tract of land in the calculation of density or impervious cover.

(E)

For property in the full-purpose limits of the city, the director may grant a variance to Subsection (A) if the director determines:

(1)

development with the variance does not result in additional adverse flooding of other property; and

(2)

the development:

(a)

is permitted by a variance granted under Section 25-7-92(C) (Encroachments on Floodplain Prohibited);

(b)

is permitted in a floodplain under Section 25-7-93 (General Exceptions), Section 25-7-94 (Exceptions in Central Business Area), Section 25-7-95 (Exceptions for Parking Areas), or Section 25-7-96 (Exceptions in the 25-Year Floodplain);

(c)

is not a building or parking area; or

(d)

is a non-conforming use, as defined by Chapter 25-12, Article 3 (Flood Hazard Areas).

Source: Ord. 20131017-046; Ord. No. 20210603-059, Pt. 5, 9-1-21.

(A)

In this section:

(1)

COMMERCIAL DEVELOPMENT means all development other than Residential Development.

(2)

COMMERCIAL BASIN means a required detention basin or appurtenance that receives stormwater runoff from a Commercial Development.

(3)

DCM STANDARDS means the provisions in the Drainage Criteria Manual regarding maintenance of a required detention basin or appurtenance.

(4)

RESIDENTIAL DEVELOPMENT means development of two dwelling units or less per lot.

(5)

RESIDENTIAL BASIN means a required detention basin or appurtenance that receives stormwater runoff from a residential development.

(B)

The record owner of a commercial development shall maintain the commercial basin serving the commercial development in accordance with the DCM standards, whether or not the commercial basin is located on the same property as the commercial development. The record owner shall provide the City proof of the right to access and maintain the commercial basin if it is not located on the same property as the commercial development.

(C)

If more than one commercial development is served by a single commercial basin, the record owners of the commercial basin and all commercial developments served by the commercial basin shall be jointly and severally responsible for maintenance of the commercial basin in accordance with the DCM standards.

(D)

The director may authorize an alternative arrangement for maintenance of a residential or commercial basin in accordance with the DCM standards. If an alternative arrangement is approved by the director, the City Attorney shall determine whether an agreement is necessary; the agreement must be approved by the City Attorney and filed of record.

(E)

The City shall inspect each commercial basin that is not a subsurface basin at least once every three years to ensure that the commercial basin is being maintained in accordance with the DCM standards. If the commercial basin fails inspection requiring an additional inspection, the director may charge a re-inspection fee.

(F)

The record owner of a subsurface commercial basin must provide the Watershed Protection Department with a maintenance plan and an annual report from a registered engineer verifying that the basin is in proper operating condition.

(G)

Until the City accepts a residential basin for maintenance, the record owner(s) of the residential basin and the residential development served shall maintain the residential basin in accordance with the DCM standards.

(H)

The City shall be responsible for maintenance of a residential basin only after the residential basin has been accepted for maintenance by the City. The City will accept a residential basin upon determining that it meets all requirements of the Drainage Criteria Manual.

Source: Ord. 20131017-046.