(A)

This section applies in areas of the planning jurisdiction that may contain habitat for federally listed threatened or endangered species identified in the map maintained by the City online or available for inspection in the office of the Development Services Department.

(B)

On submission of an application for a subdivision or site plan in an area described in Subsection (A), the applicant must give notice of the application to the appropriate authority, including:

(1)

United States Fish and Wildlife Service;

(2)

Balcones Canyonlands Conservation Plan Coordinating Committee Secretary; and

(3)

Hays, Travis, or Williamson County, as applicable depending on project location.

(C)

The notice must include a statement that the development could cause the loss of threatened or endangered species habitat.

Source: Ord. No. 20221027-045, Pt. 37, 11-7-22.

(A)

Applicability; Intent.

(1)

This section applies to a site that is required to provide a compatibility buffer.

(2)

The intent of these requirements is to create a visual barrier between uses and to improve the urban environment for the future occupants of the development and surrounding neighbors while balancing these objectives with the provision of housing.

(B)

In this section,

(1)

PROPERTY LINE means the property line that is shared with a triggering property; and

(2)

TRIGGERING PROPERTY means a property that:

(a)

includes at least one dwelling unit but less than four dwelling units; and

(b)

is zoned Urban Family Residence (SF-5) or more restrictive.

(C)

This subsection applies in all compatibility buffers.

(1)

Except as provided in this section, a compatibility buffer may not include vertical structures.

(2)

A compatibility buffer may include stormwater control measures and retaining walls.

(3)

A restricted zone within a compatibility buffer may include:

(a)

landscaping or gardens;

(b)

fences, walls, or berms;

(c)

surface parking lots, driveways, alleys, or fire lanes;

(d)

paths, walkways, or public use trails, including associated lighting;

(e)

utility infrastructure;

(f)

refuse receptacles;

(g)

bike racks, benches, and water fountains;

(h)

ground-floor private common and private personal open space; and

(i)

mechanical equipment.

(4)

A windowsill, belt course, cornice, flue, chimney, eave, box window, cantilevered bay window, or balcony may project two feet into the restricted zone.

(5)

A screening zone may include:

(a)

landscaping or gardens;

(b)

fences, walls, or berms;

(c)

paths, walkways, or public use trails, including associated lighting and gates;

(d)

utility infrastructure if a utility provider determines that it is necessary;

(e)

bike racks, benches, and water fountains; and

(f)

ground-floor private common and private personal open space.

(6)

In a compatibility buffer, vegetation must be:

(a)

listed in Appendix N of the Environmental Criteria Manual; and

(b)

irrigated, maintained, and certified in accordance with the Environmental Criteria Manual.

(7)

Nothing in this section requires an applicant to remove healthy and existing vegetation located within the screening zone.

(8)

If existing conditions or proposed utility infrastructure or easements prevent full compliance with the requirements of this section, the director may approve an applicant's request for alternative methods of compliance that aligns with the intent of this section.

(D)

A compatibility buffer that is at least 25 feet in width must comply with this subsection.

(1)

The compatibility buffer shall include a screening zone and restricted zone.

(2)

Screening Zone.

(a)

The screening zone is parallel to the property line, begins at the property line, and extends ten feet into the property.

(b)

At 25 linear feet intervals parallel to the property line that is shared with a triggering property, the screening zone must include a minimum of:

(i)

1 large shade tree;

(ii)

1 small understory tree; and

(iii)

10 shrubs.

(3)

Restricted Zone. The restricted zone is parallel to the property line, begins at the edge of the screening zone, and extends an additional 15 feet into the property.

(E)

A compatibility buffer that is more than 15 feet but less than 25 feet in width must comply with this subsection.

(1)

The compatibility buffer shall include a screening zone and restricted zone.

(2)

Screening Zone.

(a)

The screening zone is parallel to the property line, begins at the property line, and extends ten feet into the property.

(b)

At 25 linear feet intervals parallel to the property line that is shared with a triggering property, a screening zone must include a minimum of:

(i)

1 large shade tree;

(ii)

1 small understory tree; and

(iii)

10 shrubs.

(3)

Restricted Zone. The restricted zone is parallel to the property line, begins at the edge of the screening zone, and extends into the property to the maximum width of the compatibility buffer.

(F)

A compatibility buffer that is at least 10 feet but no more than 15 feet in width must comply with this subsection.

(1)

The compatibility buffer shall include a screening zone.

(2)

The screening zone is parallel to the property line, begins at the property line, and extends ten feet into the property.

(3)

At 25 linear feet intervals parallel to the property line that is shared with a triggering property, the screening zone must include a minimum of:

(a)

two small understory trees; and

(b)

10 shrubs.

(4)

Restricted Zone. The restricted zone is parallel to the property line, begins at the edge of the screening zone, and extends into the property to the maximum width of the compatibility buffer.

(G)

A compatibility buffer that is less than 10 feet in width includes a screening zone that extends the width of the compatibility buffer and is parallel to the property line that is shared with a triggering property.

Source: Ord. No. 20240229-073, Pt. 4, 3-11-24; Ord. No. 20240530-136, Pt. 1, 6-10-24.

(A)

This section classifies the waterways according to drainage area.

(B)

In all watersheds except urban:

(1)

a minor waterway has a drainage area of at least 64 acres and not more than 320 acres;

(2)

an intermediate waterway has a drainage area of more than 320 acres and not more than 640 acres; and

(3)

a major waterway has a drainage area of more than 640 acres.

Source: Sections 13-2-521, 13-2-541, 13-2-561, and 13-2-581; Ord. 990225-70; Ord. 031211-11; Ord. 20131017-046.

(A)

In the water supply rural watersheds, water supply suburban watersheds, and Barton Springs Zone, a critical water quality zone is established along each waterway classified under Section 25-8-91 (Waterway Classifications).

(1)

The boundaries of a critical water quality zone coincide with the boundaries of the 100-year flood plain as determined under Section 25-7-6 (Determination of the 100-Year Floodplain), except:

(a)

for a minor waterway, the 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;

(b)

for an intermediate waterway, the 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;

(c)

for a major waterway, the 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

(d)

for the main channel of Barton Creek, the boundaries of the critical water quality zone are located 400 feet from the centerline of the creek.

(2)

Notwithstanding the provisions of Subsections (A)(1)(a), (b), and (c), a critical water quality zone does not apply to a drainage ditch located parallel and adjacent to a railroad or public roadway right-of-way if the ditch:

(a)

was designed and constructed primarily to serve the adjacent railroad or public roadway;

(b)

is not a segment or modification of a natural waterway;

(c)

does not possess any natural and traditional character; and

(d)

cannot reasonably be restored to a natural condition due to existing site constraints.

(B)

In the suburban watersheds, a critical water quality zone is established along each waterway classified under Section 25-8-91 (Waterway Classifications).

(1)

For a minor waterway, the boundaries of the critical water quality zone are located 100 feet from the centerline of the waterway.

(2)

For an intermediate waterway, the boundaries of the critical water quality zone are located 200 feet from the centerline of the waterway.

(3)

For a major waterway, the boundaries of the critical water quality zone are located 300 feet from the centerline of the waterway.

(4)

The critical water quality zone boundaries may be reduced to not less than 50 feet from the centerline of a minor waterway, 100 feet from the centerline of an intermediate waterway, 150 feet from the centerline of a major waterway if the overall surface area of the critical water quality zone is the same or greater than the surface area that would be provided without the reduction, as prescribed in the Environmental Criteria Manual.

(5)

Notwithstanding the provisions of Subsections (B)(1), (2), and (3), a critical water quality zone does not apply to a drainage ditch located parallel and adjacent to a railroad or public roadway right-of-way if the ditch:

(a)

was designed and constructed primarily to serve the adjacent railroad or public roadway;

(b)

is not a segment or modification of a natural waterway;

(c)

does not possess any natural and traditional character; and

(d)

cannot reasonably be restored to a natural condition due to existing site constraints.

(C)

In an urban watershed, a critical water quality zone is established along each waterway with a drainage area of at least 64 acres. This does not apply in the area bounded by IH-35, Riverside Drive, Barton Springs Road, Lamar Boulevard, and 15th Street.

(1)

The boundaries of the critical water quality zone coincide with the boundaries of the 100-year floodplain as determined under Section 25-7-6 (Determination of the 100-Year Floodplain), provided that the boundary is not less than 50 feet and not more than 400 feet from the centerline of the waterway.

(2)

Notwithstanding the provisions of Subsection (C)(1), a critical water quality zone does not apply to a drainage ditch located parallel and adjacent to a railroad or public roadway right-of-way if the ditch:

(a)

was designed and constructed primarily to serve the adjacent railroad or public roadway;

(b)

is not a segment or modification of a natural waterway;

(c)

does not possess any natural and traditional character; and

(d)

cannot reasonably be restored to a natural condition due to existing site constraints.

(D)

Critical water quality zones are established to include the inundated areas that constitute Lake Walter E. Long, Lake Austin, Lady Bird Lake, and the Colorado River downstream of Lady Bird Lake.

(E)

Critical water quality zones are established along and parallel to the shorelines of Lake Travis, Lake Austin, Lady Bird Lake, and Lake Walter E. Long.

(1)

The shoreline boundary of a critical water quality zone:

(a)

for Lake Travis, coincides with the 681.0 foot contour line;

(b)

for Lake Austin, coincides with the 492.8 foot contour line;

(c)

for Lady Bird Lake, coincides with the 429.0 foot contour line; and

(d)

for Lake Walter E. Long, coincides with the 554.5 foot contour line.

(2)

The width of a critical water quality zone, measured horizontally inland, is:

(a)

100 feet; or

(b)

for a detached single-family residential use, 75 feet.

(F)

Critical water quality zones are established along and parallel to the shorelines of the Colorado River downstream of Lady Bird Lake.

(1)

The shoreline boundary of a critical water quality zone coincides with the river's ordinary high water mark, as defined by Code of Federal Regulations Title 33, Section 328.3 (Definitions).

(2)

The inland boundary of a critical water quality zone coincides with the boundary of the 100-year floodplain as determined under Section 25-7-6 (Determination of the 100-Year Floodplain) except that the width of the critical water quality zone, measured horizontally inland, is not less than 200 feet and not more than 400 feet.

Source: Subsections 13-7-23(a), (b), (c), (d), (f), and (g); Ord. 990225-70; Ord. 990819-99; Ord. 031211-11; Ord. 20080228-116; Ord. 20101209-075; Ord. 20131017-046; Ord. No. 20170615-102, Pt. 14, 6-15-17; Ord. No. 20191114-064, Pt. 11, 11-25-19; Ord. No. 20221027-045, Pt. 13, 11-7-22.

(A)

In the water supply rural watersheds, water supply suburban watersheds, and in the Barton Springs zone, excluding Lake Austin, Lake Travis, and Lady Bird Lake, a water quality transition zone is established adjacent and parallel to the outer boundary of each critical water quality zone.

(B)

The width of a water quality transition zone is:

(1)

for a minor waterway, 100 feet;

(2)

for an intermediate waterway, 200 feet; and

(3)

for a major waterway, 300 feet.

Source: Sections 13-2-523(a), 13-2-543(a), 13-2-563(a), and 13-2-583(a); Ord. 990225-70; Ord. 031211-11; Ord. 20131017-046.

An uplands zone includes all land and waters not included in a critical water quality zone or a water quality transition zone.

Source: Section 13-7-3; Ord. 990225-70; Ord. 031211-11.

(A)

For an application for a preliminary plan or plan, an applicant may provide an environmental resource inventory in accordance with this section to demonstrate compliance with applicable regulations.

(B)

For all other applications, an applicant shall file an environmental resource inventory with the director for proposed development located on a tract:

(1)

within the Edwards Aquifer recharge zone;

(2)

containing a critical water quality zone;

(3)

with a gradient of more than 15 percent; or

(4)

containing, or within 150 feet of, a potential or verified wetland feature as identified in a map maintained by the Watershed Protection Department and made available for reference online and at the offices of the Development Services Department.

(C)

An environmental resource inventory must:

(1)

identify critical environmental features and propose protection measures for the features;

(2)

provide an environmental justification for spoil disposal locations or roadway alignments;

(3)

propose methods to achieve overland flow;

(4)

describe proposed industrial uses and the pollution abatement program; and

(5)

be completed as prescribed by the Environmental Criteria Manual.

(D)

An environmental resource inventory must include:

(1)

a hydrogeologic report in accordance with Section 25-8-122 (Hydrogeologic Report);

(2)

a vegetation report in accordance with Section 25-8-123 (Vegetation Report); and

(3)

a wastewater report in accordance with Section 25-8-124 (Wastewater Report).

(E)

The director of the Watershed Protection Department may permit an applicant to exclude from an environmental resource inventory information required by this section after determining that the information is unnecessary because of the scope and nature of the proposed development.

Source: Section 13-7-28; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20131017-046; Ord. No. 20170615-102, Pt. 15, 6-15-17; Ord. No. 20191114-064, Pt. 12, 11-25-19; Ord. No. 20221027-045, Pt. 14, 11-7-22; Ord. No. 20230831-141, Pt. 46, 9-11-23.

A hydrogeologic report must:

(1)

generally describe the topography, soils, and geology of the site;

(2)

identify springs and significant point recharge features on the site;

(3)

demonstrate that proposed drainage patterns will protect the quality and quantity of recharge at significant point recharge features; and

(4)

identify all recorded and unrecorded water wells, both on the site and within 150 feet of the boundary of the site.

Source: Section 13-7-28(1); Ord. 990225-70; Ord. 031211-11; Ord. 20131017-046.

A vegetation report must:

(1)

demonstrate that the proposed development:

(a)

preserves to the greatest extent practicable the significant trees and vegetation on the site; and

(b)

provides maximum erosion control and overland flow benefits from the vegetation;

(2)

include one of the following:

(a)

a tree survey of all trees with a diameter of at least eight inches measured four and one-half feet above natural grade level; or

(b)

on approval of the city arborist, stereo aerial photographs that are nine inches by nine inches in size, are at a scale of one inch to 400 feet or larger, and were photographedbetween the months of April and November; and

(3)

for a commercial or multifamily site, include a vegetation survey that shows the approximate locations and types of all significant vegetation.

Source: Section 13-7-28(2); Ord. 990225-70; Ord. 031211-11.

A wastewater report must:

(1)

provide environmental justification for a sewer line location in a critical water quality zone;

(2)

address construction techniques and standards for wastewater lines;

(3)

include calculations of drainfield or wastewater irrigation areas;

(4)

describe alternative wastewater disposal systems used over the Edwards Aquifer recharge zone; and

(5)

address on-site collection and treatment systems, their treatment levels, and effects on receiving watercourses or the Edwards Aquifer.

Source: Section 13-7-28(3); Ord. 990225-70; Ord. 031211-11.

An applicant proposing an industrial use that is not completely enclosed in a building shall provide a pollutant attenuation plan in accordance with the Environmental Criteria Manual.

Source: Section 13-7-32; Ord. 990225-70; Ord. 031211-11; Ord. 20131017-046.

(A)

An innovative water quality control is a practice that is not specifically prescribed in the Environmental Criteria Manual, but is designed to address the requirements of Article 6 (Water Quality Controls).

(B)

An innovative runoff management practice is a practice that is designed to address the requirements of Section 25-8-281 (Critical Environmental Features), enhance the recharge of groundwater and the discharge of springs, and maintain the function of critical environmental features.

(C)

A proposal for an innovative water quality control or runoff management practice proposal must be reviewed and approved by the Watershed Protection Department. Review and approval is based on:

(1)

technical merit;

(2)

compliance with the requirements of this title for water quality protection and improvement;

(3)

resource protection and improvement;

(4)

advantages over standard practices; and

(5)

anticipated maintenance requirements.

Source: Section 13-7-17; Ord. 990225-70; Ord. 031211-11.

A civil engineer registered in Texas must certify a plan or plat as complete, accurate, and in compliance with the requirements of this subchapter. The director may waive this requirement after making a determination that the plan or plat includes only minor alterations or improvement that do not require the services of an engineer.

Source: Section 13-7-4; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20131017-046.

Temporary erosion and sedimentation controls:

(1)

are required for all development until permanent revegetation has been established; and

(2)

must be removed after permanent revegetation has been established.

Source: Sections 13-7-14(a) and (b); Ord. 990225-70; Ord. 031211-11.

(A)

Development is not completed until:

(1)

permanent revegetation is established; and

(2)

the director:

(a)

receives the engineer's concurrence letter; and

(b)

certifies installation of the vegetation for acceptance.

(B)

Development must be completed under Subsection (A) before the City may accept maintenance responsibility for streets, drainage facilities, or utilities, or issue a certificate of occupancy or compliance, unless the City and the applicant enter into an agreement to ensure completion of the revegetation within a named period.

Source: Section 13-7-14(c); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20131017-046; Ord. No. 20221027-045, Pt. 15, 11-7-22.

A City inspector may modify an erosion control plan or construction sequencing plan in the field:

(1)

without notice to the permit holder, if the modification is a minor change to upgrade erosion controls or reflect construction progress; and

(2)

after two days written notice to the permit holder, if:

(a)

the inspector determines that an erosion control or the construction sequencing is inappropriate or inadequate; and

(b)

the director has confirmed in writing the inspector's determination.

Source: Section 13-7-14(d); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20131017-046.

(A)

This section provides additional erosion and sedimentation control requirements for development in the Barton Springs Zone.

(B)

A temporary erosion and sedimentation control plan and a water quality plan certified by a registered professional engineer and approved by the director is required.

(1)

The plans must describe the temporary structural controls, site management practices, or other approved methods that will be used to control of off-site sedimentation until permanent revegetation is certified as completed under Section 25-8-182 (Development Completion).

(2)

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.

(C)

The director 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 director and the engineer who certified the plan is required for a major modification of the plan.

(D)

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.

(E)

The length of time between clearing and final revegetation of development may not exceed 18 months, unless extended by the director.

(F)

If an applicant does not comply with the deadline in Subsection (E), or does not adequately maintain the temporary erosion and sedimentation controls, the director 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.

(G)

A person commits an offense 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.

Source: Section 13-7-14(e); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20131017-046; Ord. No. 20221027-045, Pt. 16, 11-7-22.

(A)

Drainage patterns must be designed to:

(1)

prevent erosion;

(2)

maintain infiltration and recharge of local seeps, springs, and waterways;

(3)

attenuate the harm of contaminants collected and transported by stormwater;

(4)

where feasible, maintain and restore overland sheet flow, maintain natural drainage features and patterns, and disperse runoff back to sheet flow; and

(5)

where feasible, direct stormwater to landscape areas including islands, medians, peninsulas, and other similar areas. Exceptions to this requirement include:

(a)

perimeter landscape areas that are not required to drain to a stormwater control measure;

(b)

impervious areas on which the land use or activity may generate highly contaminated runoff, as prescribed by the Environmental Criterial Manual; and

(c)

impervious areas used for parking or driving of vehicles if located within the Edwards Aquifer recharge zone.

(B)

The applicant shall design an enclosed storm drain to mitigate potential adverse impacts on water quality by using methods to prevent erosion and dissipate discharges from outlets. Applicant shall locate discharges to maximize overland flow through buffer zones or grass-lined swales wherever practicable.

Source: Section 13-7-29; Ord. 990225-70; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11; Ord. 20131017-046; Ord. No. 20221027-045, Pt. 17, 11-7-22.

A site plan may be approved only if the applicant provides fiscal security for:

(1)

installing and maintaining erosion and sedimentation controls throughout construction on the site;

(2)

revegetating the site; and

(3)

performing on-site and off-site cleanup.

Source: Ord. 20131017-046.

(A)

This article applies to development in an urban watershed.

(B)

A person who develops in an urban watershed must comply with the requirements of this article.

Source: Ord. 20131017-046.

(A)

This section applies to development in an uplands zone. Impervious cover limits in this section are expressed as percentages of gross site area.

(B)

Maximum impervious cover for development within the City's zoning jurisdiction is established in Section 25-2-492 (Site Development Regulations).

(C)

Maximum impervious cover for development outside the City's zoning jurisdiction is 80 percent.

(D)

Maximum impervious cover for a public mobility project in the right-of-way is 100 percent.

Source: Ord. 20131017-046; Ord. No. 20220519-094, Pt. 10, 5-30-22.

(A)

This article applies to development in a suburban watershed.

(B)

A person who develops in a suburban watershed must comply with the requirements of this article.

Source: Section 13-2-520; Ord. 990225-70; Ord. 031211-11.

(A)

This section applies to development in an uplands zone. Impervious cover limits in this section are expressed as percentages of gross site area.

(B)

This subsection applies in the extraterritorial jurisdiction and in the portions of the Lake, Rattan, Buttercup, South Brushy, and Brushy Creek watersheds that are in the zoning jurisdiction.

(1)

Impervious cover for a single-family residential use with a minimum lot size of 5,750 square feet may not exceed:

(a)

45 percent; or

(b)

if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 50 percent.

(2)

Impervious cover for a duplex or single-family residential use with a lot smaller than 5,750 square feet in size may not exceed:

(a)

55 percent; or

(b)

if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 60 percent.

(3)

Impervious cover for a multifamily residential use may not exceed:

(a)

60 percent; or

(b)

if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 65 percent.

(4)

Impervious cover for a commercial use may not exceed:

(a)

65 percent; or

(b)

if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 70 percent.

(5)

Impervious cover for mixed use may not exceed:

(a)

the limits in subsection (B)(3) for the portion of the ground floor that is multifamily residential;

(b)

the limits in subsection (B)(4) for the portion of the ground floor that is commercial; and

(c)

impervious cover for the entire site shall be based on the ratios determined on the ground floor.

(6)

Impervious cover for a public mobility project in the right-of-way may not exceed 90 percent.

(C)

This subsection applies in the portion of the zoning jurisdiction that is outside the Lake, Rattan, Buttercup, South Brushy, and Brushy Creek watersheds.

(1)

Impervious cover for a single-family residential use with a minimum lot size of 5,750 square feet may not exceed:

(a)

50 percent; or

(b)

if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 60 percent.

(2)

Impervious cover for a duplex or single-family residential use with a lot smaller than 5,750 square feet in size may not exceed:

(a)

55 percent; or

(b)

if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 60 percent.

(3)

Impervious cover for a multifamily residential use may not exceed:

(a)

60 percent; or

(b)

if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 70 percent.

(4)

Impervious cover for a commercial use may not exceed:

(a)

80 percent; or

(b)

if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 90 percent.

(5)

Impervious cover for mixed use may not exceed:

(a)

the limits in Subsection (C)(3) for the portion of the ground floor that is multifamily residential:

(b)

the limits in Subsection (C)(4) for the portion of the ground floor that is commercial; and

(c)

impervious cover for the entire site shall be based on the ratios determined on the ground floor.

(6)

Impervious cover for a public mobility project in the right-of-way may not exceed 90 percent.

Source: Section 13-2-524; Ord. 990225-70; Ord. 031211-11; Ord. 20131017-046; Ord. No. 20220519-094, Pt. 11, 5-30-22.

(A)

An applicant who complies with a provision of this subsection qualifies for the development intensity transfer described in the provision, subject to the requirements in Subsection (B) and the impervious cover limitations in Section 25-8-392 (Uplands Zone).

(1)

The applicant may transfer 20,000 square feet of impervious cover to an uplands zone for each acre of land in a critical water quality zone:

(a)

dedicated to the City or another entity approved by the Watershed Protection Department director in fee simple and which the City or other approved entity accepts; or

(b)

on which restrictions are placed to the benefit of the City or other approved entity and which the City or other approved entity accepts; and

(c)

the applicant does not include in impervious calculations elsewhere.

(2)

The applicant may transfer 20,000 square feet of impervious cover to an uplands zone for each acre of land in an uplands zone:

(a)

located either in the 100-year floodplain or in an environmentally sensitive area as determined by environmental resource inventory and approved by the director of the Watershed Protection Department; and

(b)

dedicated to the City or another entity approved by the Watershed Protection Department director in fee simple and which the City or other approved entity accepts; or

(c)

on which restrictions are placed to the benefit of the City or other approved entity and which the City or other approved entity accepts; and

(d)

the applicant does not include in impervious calculations elsewhere.

(3)

Land dedicated in fee simple to the City under this subsection may also be to credited toward the parkland dedication requirements of Chapter 25-4, Article 3, Division 5 (Parkland Dedication).

(B)

An applicant who qualifies for a development intensity transfer under subsection (A) must comply with requirements of this subsection to effect the transfer.

(1)

For transfers between two subdivided tracts:

(a)

An applicant may transfer development intensity to a receiving tract that is within the same watershed classification as the transferring tract. This limitation does not apply if the transferring and receiving tracts are both owned by the applicant and are separated only by property that is also owned by the applicant.

(b)

An applicant must concurrently plat the transferring and receiving tracts and must transfer all development intensity at that time.

(c)

An applicant must note the development intensity transfer on the plats of the transferring and receiving tracts, in a manner determined by the director.

(d)

An applicant must file in the deed records a restrictive covenant, approved by the city attorney, that runs with the transferring tract and describes the development intensity transfer.

(2)

For transfers between two site plans:

(a)

An applicant may transfer development intensity to a receiving tract that is within the same watershed classification as the transferring tract. This limitation does not apply if the transferring and receiving tracts are both owned by the applicant and are separated only by property that is also owned by the applicant.

(b)

The transfer must be noted on the receiving and transferring site plans;

(c)

An applicant must file in the deed records a restrictive covenant, approved by the City Attorney, that runs with the transferring tract and describes the development intensity transfer.

(d)

The transfer must occur before the receiving and transferring site plans are released.

(3)

For transfers within a single site plan, an applicant must file in the deed records a restrictive covenant, approved by the City Attorney, that runs with the transferring tract and describes the development intensity transfer.

Source: Section 13-2-525; Ord. 990225-70; Ord. 031211-11; Ord. 20131017-046.

(A)

This article applies to development in a water supply suburban watershed.

(B)

A person who develops in a water supply suburban watershed must comply with the requirements of this article.

Source: Section 13-2-540; Ord. 990225-70; Ord. 031211-11.

(A)

Development is prohibited in a water quality transition zone that lies over the South Edwards Aquifer recharge zone, except for:

(1)

development described in Article 7, Division 1 (Critical Water Quality Zone Restrictions); and

(2)

minor drainage facilities or water quality controls that comply with Section 25-8-263 (Floodplain Modification) and the floodplain modification criteria in the Environmental Criteria Manual.

(B)

In a water quality transition zone that does not lie over the South Edwards Aquifer recharge zone, the impervious cover of the land area of a site may not exceed 18 percent. This limit on impervious cover does not apply to a public mobility project in the right-of-way allowed to cross a critical water quality zone under Section 25-8-262 (Critical Water Quality Zone Mobility Crossings). In determining land area, land in the 100 year floodplain is excluded.

(C)

Water quality controls may be located in a water quality transition zone that does not lie over the South Edwards Aquifer recharge zone.

Source: Sections 13-2-543(b), (c), and (d); Ord. 990225-70; Ord. 031211-11; Ord. 20131017-046; Ord. No. 20220519-094, Pt. 12, 5-30-22; Ord. No. 20221027-045, Pt. 34, 11-7-22.

(A)

This section applies to development in an uplands zone. Impervious cover limits in this section are expressed as percentages of net site area.

(B)

Impervious cover for a duplex or single-family residential use may not exceed:

(1)

30 percent; or

(2)

if development intensity is transferred under Section 25-8-424 (Transfer of Development Intensity), 40 percent.

(C)

Impervious cover for a commercial, multifamily residential use, or mixed use may not exceed:

(1)

40 percent; or

(2)

if development intensity is transferred under Section 25-8-424 (Transfer of Development Intensity), 55 percent.

(D)

Impervious cover for a public mobility project in the right-of-way may not exceed 65 percent.

Source: Section 13-2-544; Ord. 990225-70; Ord. 990819-99; Ord. 031211-11; Ord. 20131017-046; Ord. No. 20220519-094, Pt. 13, 5-30-22.

(A)

An applicant who complies with a provision of this section qualifies for the development intensity transfer described in the provision, subject to the requirements in subsection (B) and the impervious cover limitations in Section 25-8-423 (Uplands Zone).

(1)

The applicant may transfer 15,000 square feet of impervious cover to an uplands zone for each acre of land in a critical water quality zone or water quality transition zone:

(a)

dedicated to the City or another entity approved by the Watershed Protection Department director in fee simple and which the City or other approved entity accepts; or

(b)

on which restrictions are placed to the benefit of the City or other approved entity and which the City or other approved entity accepts; and

(c)

the applicant does not include in impervious calculations elsewhere.

(2)

Land dedicated in fee simple to the City under this subsection may also be credited toward the parkland dedication requirements of Chapter 25-4, Article 3, Division 5 (Parkland Dedication).

(B)

An applicant who qualifies for a development intensity transfer under Subsection (A) must comply with requirements of this subsection to effect the transfer.

(1)

For transfers between two subdivided tracts:

(a)

An applicant may transfer development intensity to a receiving tract that is within the same watershed classification as the transferring tract. This limitation does not apply if the transferring and receiving tracts are both owned by the applicant and are separated only by property that is also owned by the applicant.

(b)

An applicant must concurrently plat the transferring and receiving tracts and must transfer all development intensity at that time.

(c)

An applicant must note the development intensity transfer on the plats of the transferring and receiving tracts, in a manner determined by the director.

(d)

An applicant must file in the deed records a restrictive covenant, approved by the city attorney, that runs with the transferring tract and describes the development intensity transfer.

(2)

For transfers between two site plans:

(a)

An applicant may transfer development intensity to a receiving tract that is within the same watershed classification as the transferring tract. This limitation does not apply if the transferring and receiving tracts are both owned by the applicant and are separated only by property that is also owned by the applicant.

(b)

The transfer must be noted on the receiving and transferring site plans;

(c)

An applicant must file in the deed records a restrictive covenant, approved by the City Attorney, that runs with the transferring tract and describes the development intensity transfer.

(d)

The transfer must occur before the receiving and transferring site plans are released.

(3)

For transfers within a single site plan, an applicant must file in the deed records a restrictive covenant, approved by the City Attorney, that runs with the transferring tract and describes the development intensity transfer.

Source: Section 13-2-545; Ord. 990225-70; Ord. 031211-11; Ord. 20131017-046.

(A)

This article applies to development in a water supply rural watershed.

(B)

A person who develops in a water supply rural watershed must comply with the requirements of this article.

Source: Section 13-2-560; Ord. 990225-70; Ord. 031211-11.

(A)

Development is prohibited in a water quality transition zone that lies over the South Edwards Aquifer recharge zone, except for:

(1)

development described in Article 7, Division 1 (Critical Water Quality Zone Restrictions); and

(2)

minor drainage facilities or water quality controls that comply with Section 25-8-263 (Floodplain Modification) and the floodplain modification criteria in the Environmental Criteria Manual.

(B)

Development is prohibited in a water quality transition zone that lies outside the South Edwards Aquifer recharge zone, except for:

(1)

development described in Article 7, Division 1 (Critical Water Quality Zone Restrictions);

(2)

streets or public mobility projects in the right-of-way;

(3)

minor drainage facilities or water quality controls that comply with Section 25-8-263 (Floodplain Modification) and the floodplain modification guidelines of the Environmental Criteria Manual; and

(4)

duplex or single-family residential development with a minimum lot size of two acres and a density of not more than one unit for each three acres, excluding acreage in the 100-year flood plain.

(C)

A lot that lies within a critical water quality zone must also include at least two acres in a water quality transition zone or uplands zone.

Source: Sections 13-2-563(b), (c), (d), and (e); Ord. 990225-70; Ord. 031211-11; Ord. 20131017-046; Ord. No. 20220519-094, Pt. 14, 5-30-22; Ord. No. 20221027-045, Pt. 35, 11-7-22.

(A)

This section applies to development in an uplands zone. Density and impervious cover limits are based on net site area.

(B)

For a duplex or single family residential use, density may not exceed:

(1)

one unit for each two acres, with a minimum lot size of three-quarters acre; or

(2)

if development intensity is transferred under Section 25-8-454 (Transfer of Development Intensity), one unit for each acre, with a minimum lot size of one-half acre.

(C)

This subsection applies to cluster housing.

(1)

Density may not exceed:

(a)

one unit for each acre; or

(b)

if development intensity is transferred under Section 25-8-454 (Transfer of Development Intensity), two units for each acre.

(2)

At least 40 percent of the uplands area of a site must be retained in or restored to its natural state to serve as a buffer. The buffer must be contiguous to the development, and must receive overland drainage from the developed areas of the site unless a water quality control is provided. Use of the buffer is limited to fences, water quality controls that comply with Subdivision 25-8-213(C)(3) (Water Quality Control Standards), utilities that cannot reasonably be located elsewhere, irrigation lines not associated with wastewater disposal, and access for site construction. A wastewater disposal area may not be located in the buffer.

(D)

This subsection applies to a commercial, multifamily residential use, or mixed use.

(1)

Impervious cover may not exceed:

(a)

20 percent; or

(b)

if development intensity is transferred under Section 25-8-454 (Transfer of Development Intensity), 25 percent.

(2)

At least 40 percent of the uplands area of a site must be retained in or restored to its natural state to serve as a buffer. The buffer must be contiguous to the development, and must receive overland drainage from the developed areas of the site unless a water quality control is provided. Use of the buffer is limited to fences, water quality controls that comply with Subdivision 25-8-213(C)(3) (Water Quality Control Standards), utilities that cannot reasonably be located elsewhere, irrigation lines not associated with wastewater disposal, and access for site construction. A wastewater disposal area may not be located in the buffer.

(E)

Impervious cover for a public mobility project in the right-of-way may not exceed 55 percent.

Source: Section 13-2-564; Ord. 990225-70; Ord. 990819-99; Ord. 031211-11; Ord. 20131017-046; Ord. No. 20170615-102, Pt. 24, 6-15-17; Ord. No. 20220519-094, Pt. 15, 5-30-22.

(A)

An applicant who complies with a provision of this section qualifies for the development intensity transfer described in the provision, subject to the requirements in Subsection (B) and the impervious cover limitations in Section 25-8-453 (Uplands Zone).

(1)

The applicant may transfer one single-family residential housing unit or 6,000 square feet of impervious cover for commercial or multifamily development to an uplands zone for each acre of land in a critical water quality zone or water quality transition zone:

(a)

dedicated to the City or another entity approved by the Watershed Protection Department director in fee simple and which the City or other approved entity accepts; or

(b)

on which restrictions are placed to the benefit of the City or other approved entity and which the City or other approved entity accepts; and

(c)

the applicant does not include in impervious calculations elsewhere.

(2)

Land dedicated in fee simple to the City under this subsection may also be credited toward the parkland dedication requirements of Chapter 25-4, Article 3, Division 5 (Parkland Dedication).

(B)

An applicant who qualifies for a development intensity transfer under Subsection (A) must comply with requirements of this subsection to effect the transfer.

(1)

For transfers between two subdivided tracts:

(a)

An applicant may transfer development intensity to a receiving tract that is within the same watershed classification as the transferring tract. This limitation does not apply if the transferring and receiving tracts are both owned by the applicant and are separated only by property that is also owned by the applicant.

(b)

An applicant must concurrently plat the transferring and receiving tracts and must transfer all development intensity at that time.

(c)

An applicant must note the development intensity transfer on the plats of the transferring and receiving tracts, in a manner determined by the director.

(d)

An applicant must file in the deed records a restrictive covenant, approved by the city attorney, that runs with the transferring tract and describes the development intensity transfer.

(2)

For transfers between two site plans:

(a)

An applicant may transfer development intensity to a receiving tract that is within the same watershed classification as the transferring tract. This limitation does not apply if the transferring and receiving tracts are both owned by the applicant and are separated only by property that is also owned by the applicant.

(b)

The transfer must be noted on the receiving and transferring site plans.

(c)

An applicant must file in the deed records a restrictive covenant, approved by the City Attorney, that runs with the transferring tract and describes the development intensity transfer.

(d)

The transfer must occur before the receiving and transferring site plans are released.

(3)

For transfers within a single site plan, an applicant must file in the deed records a restrictive covenant, approved by the City Attorney, that runs with the transferring tract and describes the development intensity transfer.

Source: Section 13-2-565; Ord. 990225-70; Ord. 000309-39; Ord. 031211-11; Ord. 20131017-046.

(A)

This article applies to development in the Barton Springs Zone.

(B)

A person who develops in the Barton Springs Zone must comply with the requirements of:

(1)

this article; and

(2)

Article 13 (Save Our Springs Initiative).

Source: Section 13-2-580 and 15-2-584; Ord. 990225-70; Ord. 031211-11; Ord. 20131017-046.

(A)

Development is prohibited in a water quality transition zone that lies over the Edwards Aquifer recharge zone, except for:

(1)

development described in Article 7, Division 1 (Critical Water Quality Zone Restrictions); and

(2)

minor drainage facilities or water quality controls that comply with Section 25-8-263 (Floodplain Modification) and the floodplain modification criteria of the Environmental Criteria Manual.

(B)

Development is prohibited in a water quality transition zone that lies outside the Edwards Aquifer recharge zone, except for:

(1)

development described in Article 7, Division 1 (Critical Water Quality Zone Restrictions);

(2)

minor drainage facilities or water quality controls that comply with Section 25-8-263 (Floodplain Modification) and the floodplain modification guidelines of the Environmental Criteria Manual;

(3)

streets; and

(4)

duplex or single-family residential housing with a minimum lot size of two acres and a density of not more than one unit for each three acres, excluding acreage in the 100-year floodplain.

Source: Sections 13-2-583(b) and (c); Ord. 990225-70; Ord. 031211-11; Ord. 20131017-046; Ord. No. 20221027-045, Pt. 36, 11-7-22.

Development intensity may not be transferred in the Barton Springs Zone except as part of an adjustment under Section 25-8-518 (Limited Adjustment to Resolve Possible Conflicts with Other Laws).

Source: Section 13-2-585; Ord. 990225-70; Ord. 031211-11; Ord. 20131017-046.

(A)

This article, to be known as the Save Our Springs Initiative, (SOS hereafter) sets out special requirements for development of land in watersheds within the City's planning jurisdiction which contribute to Barton Springs.

(B)

This article codifies the Save Our Springs Initiative Petition Ordinance as adopted by popular vote on August 8, 1992 and amended by the council.

Source: Section 13-7-36.1; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-045.

This article may be repealed or amended only by an affirmative vote of a three-quarters majority of the city council.

Source: Section 13-7-36.2; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-045; Ord. 20131017-046.

The people of the City declare their intent to preserve a clean and safe drinking water supply, to prevent further degradation of the water quality in Barton Creek, Barton Springs, and the Barton Springs Edwards Aquifer, to provide for fair, consistent, and cost effective administration of the City's watershed protection ordinances, and to promote the public health, safety, and welfare. The City recognizes that the Barton Springs Edwards Aquifer is more vulnerable to pollution from urban development than any other major groundwater supply in Texas, and that the measures set out in this article are necessary to protect this irreplaceable natural resource.

Source: Section 13-7-36.3; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-045.

(A)

In the watersheds contributing to Barton Springs, 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 pollution prevention requirements set forth below for the life of the project. In order to prevent pollution, impervious cover for all such development shall be limited to a maximum of 15 percent in the entire recharge zone, 20 percent of the contributing zone within the Barton Creek watershed, and 25 percent in the remainder of the contributing zone. The impervious cover limits shall be calculated on a net site area basis. In addition, runoff from such development shall be managed through water quality controls and onsite pollution prevention and assimilation techniques so that no increases occur in the respective average annual loadings of total suspended solids, total phosphorus, total nitrogen, chemical oxygen demand, total lead, cadmium, E. coli, volatile organic compounds, pesticides, and herbicides from the site. For a given project, impervious cover shall be reduced if needed to assure compliance with these pollutant load restrictions.

(B)

Within the watersheds contributing to Barton Springs, Section 25-8-92 (Critical Water Quality Zones Established) of the Land Development Code is amended so that in no event shall the boundary of the critical water quality zone be less than 200 feet from the centerline of a major waterway or be less than 400 feet from the centerline of the main channel of Barton Creek. No pollution control structure, or residential or commercial building, may be constructed in the critical water quality zone in these watersheds.

Source: Section 13-7-36.4; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-045; Ord. 20131017-046; Ord. No. 20170615-102, Pt. 25, 6-15-17.

The requirements of this article are not subject to the exemptions, special exceptions, waivers, or variances allowed by Article 1 (General Provisions). Adjustments to the application of this article to a specific project may be granted only as set out in Section 25-8-518 (Limited Adjustment To Resolve Possible Conflicts With Other Laws) below.

Source: Section 13-7-36.5; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-045.

(A)

This article does 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 November 1, 1991 and the development is either:

(1)

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

(2)

development of a maximum of 8,000 square feet of impervious cover, including impervious cover existing before and after the development.

(B)

This article does not apply to development of public primary or secondary educational facilities if the City and the school district enter into a development agreement approved by a three-quarters vote of the city council protecting water quality pursuant to Section 13-2-502(n)(7) of the Land Development Code.

(C)

This article does not apply to the replacement of development which is removed as a result of right-of-way condemnation.

(D)

This article does not apply to a roadway improvement with less than 8,000 square feet of new impervious cover. For the purposes of this Section, roadway improvements are limited to intersection upgrades, low-water crossing upgrades, additions for bicycle lanes, and additions for mass transit stops.

Source: Section 13-7-36.6; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-045; Ord. 20131017-046; Ord. No. 20170615-102, Pt. 26, 6-15-17.

Within the watersheds contributing to Barton Springs, the following provisions shall govern the expiration of certain prior approvals:

(1)

Previously Approved Preliminary Subdivision Plan:

(a)

Unless it has or will have expired sooner, a preliminary subdivision plan initially approved before the effective date of this article expires one year after the effective date of this article, or two years after its initial approval whichever date is later, unless an application for final plat approval is filed before this expiration date and a final plat is approved no later than 180 days after filing.

(b)

No approved preliminary plan, and no portion of an approved preliminary plan, shall be valid or effective after the expiration date established by this part, or shall be extended, revised, or renewed to remain effective after the expiration date, except according to Subsection (3) of this section.

(2)

Previously Approved Site Plan:

(a)

Unless it has or will have expired sooner, a site plan or phase or portion thereof initially approved before the effective date of this article shall expire one year after the effective date of this article, or three years after its initial approval, whichever date is later, unless:

(i)

An application is filed before this expiration date for building permits for all structures shown on the site plan or phase or portion thereof and designed for human occupancy, and the building permits are approved and remain valid and certificates of occupancy are issued no later than two years after this expiration date; or

(ii)

If no building permits are required to construct the structures shown on a site plan described in Subsection (2)(a) of this section, construction begins on all buildings shown on the site plan or portion or phase thereof before this expiration date, and the buildings are diligently constructed and completed, and certificates of compliance or certificates of occupancy are issued no later than two years after this expiration date.

(b)

No approved site plan, and no separate phase or portion of an approved site plan, shall be valid or effective after the expiration date established by this part, or shall be extended, revised, or renewed to remain effective after the expiration date, except according to Subsection (3) of this section.

(3)

Approved Plans Which Comply: An approved preliminary subdivision plan, portion of a preliminary plan, approved site plan, or separate phase or portion of an approved site plan that complies with this article or that is revised to comply with this article does not expire under Subsection (1) or (2) of this section and remains valid for the period otherwise established by law.

Source: Section 13-7-36.7; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-045.

(A)

This article is 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 or the Austin City Charter.

(B)

The terms of this article 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 article, as applied to a specific development project or proposal violates a law described in Subsection (A) of this section, the city council may, after a public hearing, adjust the application of this article 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.

Source: Section 13-7-36.8; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-045.

This article is 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 article and any other ordinance, the provision which provides stronger water quality controls on development shall govern. If a word or term used in this article is defined in the Austin City Code of 1981, as that code was in effect on November 1, 1991, that word or term shall have the meaning established by the Austin City Code of 1981 in effect on that date, unless modified in this article.

Source: Section 13-7-36.9; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-045.

Within one year of the effective date of this article the City of Austin Environmental and Conservation Services Department shall complete a study, with citizen input, assessing the risk of accidental contamination by toxic or hazardous materials of the Barton Springs Edwards Aquifer and other streams within the City and its extraterritorial jurisdiction. The assessment shall inventory the current and possible future use and transportation of toxic and hazardous materials in and through the City, and shall make recommendations for City actions to reduce the risk of accidental contamination of the Barton Springs Edwards Aquifer and of other water bodies. Within 60 days of completion of the study, and following a public hearing, the city council shall take such actions deemed necessary to minimize risk of accidental contamination of city waters by hazardous or toxic materials.

Source: Section 13-7-36.10; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-045.

In carrying out City efforts to reduce or remedy runoff pollution from currently developed areas or to prevent runoff pollution from currently developed or developing areas, the city council shall assure that funds for remedial, retrofit or runoff pollution prevention measures shall be spent so as to achieve the maximum water quality benefit, and shall assure that the need for future retrofit is avoided whenever feasible.

Source: Section 13-7-36.11; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-045.

If any provision, section, subsection, sentence, clause, or phrase of this article, or the application of the same to any person, property, or set of circumstances is for any reason held to be unconstitutional, void, or otherwise invalid, the validity of the remaining portions of this article shall not be affected by that invalidity; and all provisions of this article are severable for that purpose.

Source: Section 13-7-36.12; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-045.

The adoption of this article 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 watersheds contributing to Barton Springs or of further measures to restore and protect water quality.

Source: Section 13-7-36.13; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-045.