A.

Conformance to Adopted Plans and Studies

All subdivisions shall conform to the Comprehensive Master Plan, Future Thoroughfare Plan, Future Land Use Map, Capital Improvements Program and all Master Drainage and Water/Wastewater Plans and Studies for orderly and unified development of streets, utilities, neighborhood design, and public land and facilities, as well as other provisions of this UDC the Cibolo Design and Construction Manual any other applicable ordinance or code; all of which represent minimum values necessary for the health, safety and welfare of the community. The design engineer and developer are required to meet or exceed the requirements of these standards by providing more conservative design criteria but are not allowed to fall below the standards of this UDC. Where there is a conflict between the regulations contained within this Article and regulations or standards contained within any other ordinance, code or regulation of the City, the more restrictive regulation shall apply. Approval of plans and specifications by the City shall not be construed as relieving the design engineer/developer of responsibility for compliance with this UDC, nor with any other local, county or state authority having jurisdiction.

B.

Achieving Desirable Neighborhood Development

Residential subdivisions shall be designed to take advantage of the principles and general designs for neighborhood development as established by the Comprehensive Master Plan and the Planning and Zoning Commission in order to achieve the most advantageous development of the entire neighborhood unit in which the subdivision is located.

C.

Provision for Future Subdivision

All subdivisions shall be so arranged as to allow logical further subdivision and opening of future streets and shall coordinate with adjoining existing and/or future subdivisions.

D.

Standards for Site Improvements

All streets, alleys, sidewalks, utility installations and other site improvements required to be installed by the subdivider under the provisions of these regulations shall conform to all requirements of this UDC, the Cibolo Design and Construction Manual and the standards and requirements of any other agency responsible for design, construction methods and standards, payments, refunds, credits and other financial arrangements.

E.

Conformity with the City Design and Construction Manual

All public improvements shall be designated, designed and constructed as necessary to comply with all requirements of the Cibolo Design and Construction Manual. Land proposed for development in Cibolo and the Cibolo ETJ shall be served adequately by essential public facilities and services, limited to water facilities, wastewater facilities, transportation facilities, and drainage facilities, as set forth in this UDC. Land shall not be approved for platting or development unless and until adequate public facilities necessary to serve the development exist or provision has been made for the facilities, whether the facilities are to be located within the property being developed or offsite.

F.

Adequate Service for Areas Proposed for Development

Land proposed for development in the City and in the City's ETJ must be served adequately by essential public facilities and services, limited to water facilities, wastewater facilities, transportation facilities, and drainage facilities, as set forth in this UDC. Land shall not be approved for platting or development unless and until adequate public facilities necessary to serve the development exist or provision has been made for the facilities, whether the facilities are to be located within the property being developed or offsite. The rules provided in this section shall be considered cumulative of and in addition to any other applicable requirements established by any other provision of the UDC or other law. A subdivision plat shall not be filed or recorded until it has been approved by the City Council and all public improvements have been inspected and preliminarily approved by the City Council or otherwise provided for by a development agreement, and any such actual recording shall be void unless such approval shall be endorsed on the face of the plat as hereinafter provided.

1.

Minimum Level of Service Standards for Wastewater.

a.

Restrictions; purpose. No development application or project shall be approved if the Utility Provider has exceeded or is projected to exceed 95 percent of its wastewater treatment capacity, based upon its then-available treatment capacity as reported to Texas Commission on Environmental Quality ("TCEQ") and any additional treatment capacity Programmed for Commencement of Construction within the then current or the next fiscal year of the providers capital improvement program, with the remaining five percent of wastewater treatment capacity being reserved for future economic development, institutional or civic uses. The purpose of this criterion is to provide safeguards to ensure adequate public infrastructure to serve the demands created by new development without degrading or diminishing service levels to existing development.

b.

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans and record plats, with capacity being reserved at record plat approval. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, development plans, record plats and site plans, with capacity being reserved at site plan approval. This section does not apply to a wastewater system that qualifies as an on-site sewer system as defined by the TCEQ ("OSSF"), grease traps, or portable toilets.

c.

Definitions.

i.

Utility Provider means an entity, other than the City, who is regulated by the TCEQ and is the provider of the utility through a CCN, service area, or other legal means.

ii.

Programmed for Commencement of Construction means that capital infrastructure capacity improvements programmed for commencement of construction within the then current or the next fiscal year of the City's or Utility Provider's adopted Five-Year Capital Improvement Program, or part of any executed interlocal agreement to which the City or Utility Provider is a party and intends to enjoy the benefits of increased capacity within the then current or the next fiscal year.

iii.

Programmed capacity improvements means capital infrastructure capacity improvements on the City's or Utility Provider's currently adopted Capital Improvements Program; or part of any executed interlocal agreement to which the City or Utility Provider is a party and intends to enjoy the benefits of increased capacity.

d.

Methodology.

Total available treatment capacity for the wastewater treatment plant shall be the sum of the TCEQ permitted discharge flow (in MGD) from the treatment plant to which the project or development will be physically connected at final platting and any treatment capacity projected to be available from programmed capacity improvements. Net available treatment capacity shall be equal to total available treatment capacity less 5.0% to be reserved for economic development, institutional, emergency or civic uses. Total projected demand for areas served by the wastewater treatment plant shall be the sum of projected wastewater flows for all existing lots, and approved but not constructed development, plus the projected wastewater flows for the proposed development. For proposed development to be approved, total projected demand must not exceed net available treatment capacity. In order to reduce negative effects of land, permit or construction delays, capacity may only be considered for treatment plant(s) permanently connected by physical, non-interrupted, facilities from generation source to treatment facility at or prior to final platting.

e.

INFORMATION NEEDED FOR ANALYSIS:

The information needed to perform the analysis necessary to determine compliance with this section is shown on the following Table 1 along with who is responsible for providing the information, the source of that information and when the information is to be provided during the application process. For non-residential developments, demand may not be known until same is reserved by Utility Provider based on ultimate developed use and therefore reasonable assumptions and estimations may be used due to size, zoning and developer representations.

f.

Development Application Requirements.

In addition to the items required by any development application and checklist of Section 20.3.4, the following must be reviewed and approved prior to the submittal of the Engineer/Construction Plan application and submitted with the application in order for it to be accepted as complete, unless the City Engineer or Director of Planning determines that one of the items is either not needed or may be reviewed concurrently to process the Engineer/Construction Plan Application:

i.

Wastewater capacity analysis; and

ii.

Executed standard or non-standard service agreement with a wastewater Utility Provider including a statement representing capacity to serve at the minimum standards herein required.

(Ord. No. 1368, § 1, 6-28-2022)

A.

Horizontal Survey Reference Monuments

Horizontal monuments shall be placed at all block corners, angle points, points of curve, and all corners of boundary lines of the subdivision. A monument shall be made of an iron stake one-half (1/2") inch in diameter and twenty-four (24") inches long centered in a minimum of six (6") inches in diameter and twelve (12") inches long. The iron stake should be left one-half (1/2") inch above grade with a surveyor's aluminum or plastic cap, stamped with the surveyors' registered number or firm. Monuments shall be identified on the plat with elevation and the elevation shall be stamped on top of the monument.

B.

Other Markers

All other survey markers, such as lot corners, shall have an iron stake one-half (1/2") inch in diameter and twenty-four (24") inches long and shall be placed flush with the ground, or below ground, if necessary, in order to avoid being disturbed.

C.

Monument Placement and Verification

Monuments and lot markers shall be set immediately after completion of all required infrastructure improvements. Prior to acceptance of subdivision improvements by the City, the developer's surveyor or engineer shall certify that all monuments and markers are in place and correctly positioned.

A.

Permitted Purposes

No land contained within the City Limits and in a proposed subdivision shall be reserved for any use other than a use permitted by the Zoning requirements of this UDC for the district in which the land to be reserved is located. Land located in the extraterritorial jurisdiction is not subject to City zoning restrictions but must follow the regulations of the Subdivision Ordinance and any required building codes adopted by the city and as allowed by the Texas Local Government Code.

B.

Designation on Plat

The specific use for which each piece of land is to be reserved must be shown by appropriate label or description on the subdivision plat. Provision for future abandonment of a reservation as may be appropriate must likewise be shown on said plat. Vacation of a previously dedicated easement or right-of-way must likewise be indicated as a vacating instrument on the plat.

C.

Schools

The location and size of school sites in accordance with the Inter-local Agreement executed between the City and Schertz-Cibolo Universal City Independent School District.

D.

Minimum Size and Maintenance of Reserved Tracts

Reserve tracts shall have a minimum area of five (5) acres. Smaller reserve tract sizes may be considered by the Planning and Zoning Commission upon the developer providing rationale for such a reservation. In all instances where reserve tracts are designated, the plat shall include a general note stating that it shall be responsibility of the developer, or a Homeowner or Property Owner Association to maintain the reserved tract.

E.

Remnant Tracts Prohibited

When platting or developing property, the creation of a remnant, or undevelopable, tract of property shall be prohibited.

A.

All lots less than sixty (60') feet in width platted after the effective date of Ordinance 1261 (passed in April 23, 2019) are required to take vehicular access from an alley. Alley design and construction shall conform to all requirements of this UDC and the Cibolo Design Construction Manual.

B.

The length, width and shape of blocks will be determined with due regard to:

1.

Provision of adequate building sites suitable to the special needs of the type of use contemplated (note that the Planning and Zoning Commission may require that the block and lot size bear reasonable relation to the planned use of the land);

2.

Zoning requirements as to lot sizes and dimensions; and

3.

Need for convenient access, circulation, control and safety of street traffic.

C.

In general, intersecting streets shall be used to determine the block lengths and widths and shall be provided at such intervals as to serve cross traffic adequately, and to meet existing streets or customary subdivision practices.

D.

A deviation from the standards of this section may be considered in cases where physical barriers, property ownership or adjacent existing subdivisions create conditions where it is appropriate. The length may be increased or decreased to meet the existing conditions having due regard for connecting streets, circulation of traffic and public safety.

E.

In general, block lengths along minor or secondary streets shall not exceed 1,400 feet or be less than 500 feet. Along arterial streets, blocks shall not exceed 1,800 feet or be less than 900 feet. For a residential subdivision, block length shall be that distance measured along the centerline of the street from the intersection center point of one through street to the intersecting center point of another through street, or to the mid-point of a cul-de-sac.

F.

Blocks shall be numbered consecutively within the subdivision and/or sections of an overall plat.

A.

General

The subdivider shall dedicate or grant easements for poles, wires, conduits, storm sewers, water lines, open drains, gas lines, or other utilities as follows:

1.

All utilities, including, but not limited to, electrical wiring, natural gas, telephone, cable, internet and security systems, shall be located in the front yard, shall be installed underground and shall be maintained in accordance with all applicable City codes and regulations for such systems. Any utilities required to be placed above ground must be placed on steel poles or another material with comparable strength and durability, as approved by the City Engineer and affected utility provider, meeting the requirements of the City and the applicable utility provider. Routine maintenance of grass and weeds in all easements shall be the responsibility of the owner on whose property the easement is located, excepted where expressly stipulated to be maintained by some other party.

2.

A minimum of a ten (10') foot utility easement shall be required across the front portion of lots (both street sides on corner lots) other than along boundary lines. Easements at other locations on a lot shall be determined by any utility provider franchised to provide service in Cibolo;

3.

Where a drainage easement or right-of-way is not located within a regulatory floodplain, an easement of sufficient width shall be provided where a creek, stream, or tributary flows through a subdivision to accommodate future access for construction and maintenance.

The following table provides the required drainage easements:

Table 1

4.

Where a drainage easement or right-of-way is located within a regulatory floodplain, the limits of the Zone 'A' or Zone "AE' floodplain will be dedicated to the City along with an additional buffer width of thirty (30') feet on either side of the floodplain.

5.

Grant access easement at all bridges and street crossing large enough for City equipment and workers access for maintenance.

6.

Easements and utilities shall be designated, designed and constructed as necessary to comply with all requirements of the Cibolo Design and Construction Manual.

7.

Easements shall be considered a part of the lot area, for purposes of minimum lot size requirements and for purposes of property maintenance. Weeds and grass in all easements shall be maintained by the property owner, HOA, or Property Owner Association on which the easement is located in accordance the City Code of Ordinances provisions for high weeds and grass.

8.

Unless expressly stated on a recorded plat, the day to day maintenance of all easements, with respect to mowing and related aesthetic considerations, shall be the responsibility of the owner except floodplains which will not be maintained. Responsibility for maintenance, unless otherwise noted on the recorded plat, will be the responsibility of the HOA designated by the Deeds, Restrictions and Covenant of the development in which the easement(s) is/are located.

9.

A property owner whose property is subject to any easement, including but not limited to drainage, shall be responsible for its maintenance and shall keep it free and clear of any permanent building or structure. No building permits shall be issued to place any building or other improvement on, over, or within such easement, in whole or part.

10.

The owner of the property upon which the utility easement is located may fence across the easement if such fencing is so desired, providing that by placing such fencing across the easement or by allowing such fence to remain across the easement, the owner shall be conclusively presumed to have consented to permit reasonable access to the utility easement and any utilities therein by any affected utility company over other unfenced portions of the landowner's property and to have indemnified the easement holder against any damages that may occur to a fence during the normal course of maintaining the said easement.

B.

Utility Location Policies

1.

It shall be the policy of the City Council to require that all developments located within the City to request City water and sanitary sewer service. Should a development be located in the CCN boundaries of another utility purveyor, the applicant shall invoke applicable state statutes, as amended, and formally request that the City provide utility service(s). The City shall determine if the City can provide the requested utility service(s) to the development.

2.

It is in the City's best interest to coordinate and regulate the placement of public and private utilities in the public right-of-way and in easements on private property. Such regulations and coordination shall be managed under the general guidelines of this UDC.

3.

Utilities are to be placed in accordance with the Cibolo Design and Construction Manual.

4.

The subdivider shall be responsible for ensuring that utility providers are given a coordinated schedule for the installation of respective facilities, including sufficient notice of desired installation dates. Prior to the start of curb and pavement installation, the subdivider shall obtain a written release from each utility provider indicating that required utility installation is complete, or shall ensure that subsequent installation of these utilities is performed in a manner that does not cut or otherwise damage newly constructed streets that will be dedicated to the public.

5.

The subdivider shall be responsible for providing the City Planner with adequate information to show the exact locations of all utilities installed. No public facilities or improvements shall be accepted for dedication until such as built plans or record drawings, as required herein.

6.

In those instances where existing utilities in easements on private property need to be replaced, such utilities shall be relocated within nearby public rights-of-way in accordance with the location criteria of this UDC and Cibolo Design and Construction Manual.

7.

There shall be enough right-of-way along local and collector streets for utilities and solid waste pick-up, except where alleys or other easements allow for these services to be located off-street.

8.

There shall be enough right-of-way such that sidewalks and related pedestrian activity is not impeded by the location of utilities, including solid waste pick-up, fire hydrants, and utility poles.

9.

In those instances where unusual circumstances arise, not specifically covered by foregoing provisions and/or referenced location criteria, the general intent of this UDC shall be used to guide the placement of utility facilities.

10.

In accordance with Article 18 of this UDC, it is the policy of the City to reserve appropriate spaces that may be interconnected into a linear park network. The City Council may require that any drainage or utility easement that provides a connection or connections to adjoining neighborhoods or an existing or proposed linear park network also be designated as a public access easement for the purpose of providing pedestrian and bicycle access and may request parkland dedication for this purpose in accordance with this UDC. Linear parks, when proposed or where required, must be designed in accordance with the Cibolo Design and Construction Manual.

C.

Roughly Proportional Responsibilities of Developer

The subdivider shall be responsible for the cost of all design, engineering, labor, and construction costs that are roughly proportional to the utility and drainage improvements required by this UDC, except to the extent that this section specifically provides for full or partial payment by the City. The provisions of this section shall apply to resubdivisions as well as to subdivisions. Specifically, the developer shall be responsible for the rough proportional costs of the following:

1.

Phasing of development or improvements in order to ensure the provision of adequate public facilities;

2.

Extensions of public facilities and roadways, including any necessary on- and off-site facilities, to connect to existing public facilities;

3.

Providing and/or procuring all necessary property interests, including rights-of-way and easements, for the facilities (whether on-site or off-site);

4.

Providing proof to the City of adequate public facilities;

5.

Making provisions for future expansion of the public facilities as needed to serve future developments, subject to the City's oversize participation policies, if applicable;

6.

Providing for all operations and maintenance of the public facilities, or providing proof that a separate entity will be responsible for the operations and maintenance of the facilities;

7.

Providing fiscal security required for the construction of the public facilities;

8.

Obtaining approvals from the applicable utility providers other than the City; and

9.

Complying with all requirements of the utility providers, including the City and applicable drainage districts.

Nothing in this chapter shall be construed to require any dedication or construction that is not explicitly required by the standards within this UDC.

D.

Roughly Proportional Developer Responsibilities for Off-Site Utility/Drainage Improvements

Where a subdivision is adjacent to or is served by utility and/or drainage facilities that do not meet the City's minimum standards for utility and/or drainage design or construction, the subdivider shall make the improvements to the substandard facilities as are roughly proportional to the utility and drainage impacts generated by the subdivision. Said improvements shall be established through the completion of a Utility and/or Drainage Impact Analysis that meets the minimum standards specified in this Article. The City may, at its discretion, participate in the costs to oversize the improvements with the subdivider as set out herein and subject to the City's participation policies regarding oversizing improvements.

E.

Necessity for Easement Dedication and Construction

1.

Support for New Development

a)

New development must be supported by adequate levels of public facilities and services, as required and defined herein, and as limited by Section 19.6.C.

b)

It is necessary and desirable to provide for dedication of rights-of-way and easements for capital improvements, as limited by Section 19.6.C herein, to support new development at the earliest stage of the development process.

2.

Developer Obligations; Dedication and Construction of Improvements

The developer shall dedicate all rights-of-way and easements for capital improvements within the rights-of-way or easements for those water, wastewater, road or drainage improvements needed to adequately serve a proposed development consistent with the applicable master facilities plans and construction design standards, as limited in Section 19.6.C, and shall construct said improvements, whether the facilities are located on, adjacent to or outside the boundaries of the property being developed in accordance with this UDC.

3.

Timing of Dedication and Construction

a)

Initial Provision for Dedication or Construction.

The City shall require an initial demonstration that a proposed development shall be adequately served by public facilities and services, as limited in Section 19.6.C, at the time for approval of the first development application that portrays a specific plan of development, including but not limited to a petition for establishing an overlay zoning district; a petition for an annexation agreement or a development agreement; an application for a Land Study, or an application for a Preliminary Plat or Final Plat. As a condition of approval of the development application, the City may require provision for dedication of rights-of-way or easements for, and construction of, capital improvements to serve the proposed development.

b)

Deferral of Obligation.

The obligation to dedicate easements or rights-of-way for or to construct one or more capital utility or drainage improvement to serve a new development may be deferred until approval of a subordinate development permit, or, in the case of a development proposed to be developed in phases, until a subsequent phase of the development, on the sole discretion of the City, upon written request of the property owner, or at the City s own initiative. As a condition of deferring the obligation, the City may require that the developer enter into a capital improvements agreement pursuant to Article 20 of this UDC, specifying the time for dedication of easement or rights-of-way for or construction of capital improvements serving the development.

c)

Relief from Obligations.

In order to achieve proportionality between the demands created by a proposed development on public facilities and the obligation to provide adequate public facilities, as limited in Section 19.6.C, the City may participate in the costs of public facilities in accordance with this Article or relieve the property owner of some or part of the obligations in response to a petition the City Manager for relief from a dedication or construction requirements. Petitions seeking relief that are denied by the City Manager may be appealed to the City Council.

4.

Utility/Drainage Participation Policies - Improvement to Adjacent Utilities and Drains

a)

Improvement of Fair Share of Substandard Utility and Drainage Facilities.

When an area within a proposed plat, whether residential or nonresidential, abuts on one or both sides of an existing substandard, or non-existent, utility and/or drainage facility, or a planned or future utility or drainage facility as shown on the City's adopted plans or capital improvements program related to water, wastewater and/or stormwater, the developer shall be required to improve its roughly proportional share of the utility and/or storm drainage facilities and water quality or erosion controls, and utility facilities, to bring the facilities to City standards, or to replace them with standard City utility or drainage facilities at no cost to the City.

b)

Calculation Cost.

i.

The developer's share of improvements to a substandard utility or drainage facility shall be the complete cost required to design and construct the utility or drainage facility to a level of service that complies with the standards and requirements of this UDC to adequately serve the proposed development.

ii.

The City may participate in the costs of improvements in excess of the developer's fair share obligations and where such costs are not borne by another public entity, in cases where the application of the standards in this Section result in a developer paying more than their roughly proportional share of the cost, as determined in accordance by a City retained engineer or when the oversizing of required utility or drainage improvements is determined to be in the interest of the public to address health or safety issues or to complete public improvements to a level of service identified in the capital improvements program or an approved plan or study.

5.

Improvements.

All required utility and drainage improvements shall be constructed in accordance with the Cibolo Design and Construction Manual.

F.

Utility Easements

Utility easements shall be provided for the installation of utilities in accordance with the requirements of the City and any utility provider. Weeds and grass in all easements shall be maintained by the property owner, HOA, or Property Owner Association on which the easement is located in accordance the City Code of Ordinances provisions for high weeds and grass.

G.

Drainage Easements

1.

When a subdivision is traversed by a watercourse, drainage way, channel, or stream, a storm water easement or drainage rights-of-way (ROW) shall be provided. Said easement or drainage ROW shall substantially encompass the boundaries of said water course and shall be of sufficient width, in accordance with the Design and Construction standards of this UDC. Where a drainage easement or right-of-way is located within a regulatory floodplain, the limits of the Zone 'A' or Zone 'AE' floodplain will be dedicated to the City along with an additional buffer width of thirty (30') feet on either side of the floodplain.

2.

Drainage or storm water easements may be constructed as open earth channels or concrete drainage structures. Grass lined earthen channels shall be maintained by the developer or their assigns.

3.

The City shall only maintain concrete drainage structures constructed by the City and those structures formally accepted by the City per the provisions of UDC Section 20.3.6.

4.

Routine maintenance of weeds and grass in all drainage and utility easements shall be maintained by the property owner, HOA, or Property Owner Association on which the easement is located in accordance the City Code of Ordinances provisions for high weeds and grass.

H.

Access Easements

In an effort to reduce the congestion created by a number of driveways along street rights-of-way while maintaining adequate access to developments, the City may allow Access Easements to be dedicated within and across developments of similar use. These easements shall be a minimum of twenty-four (24') feet in width and meet the minimum Cibolo Design and Construction Manual standards of this UDC.

I.

Electricity

Electric connections are to be installed according to standards of franchised utilities authorized to provide service in Cibolo and all City Electrical Codes. All electric lines shall be placed underground and in the front of properties or at any other location deemed to be appropriate by the utility provider.

J.

Natural Gas

Natural Gas connections are to be installed according to standards of the local utility company franchised to provide service in Cibolo and City Fuel Gas Codes. All-natural gas lines shall be placed underground and in the front of properties or at any other location deemed to be appropriate by the utility provider.

K.

Communications

Communication connections are to be installed according to standards of each local utility provider franchised to provide service in Cibolo. All utilities shall be placed underground and in the front of properties, or at any other location deemed to be appropriate by the utility provider.

L.

Solid Waste and Sanitation

Solid waste collection to residential, commercial and industrial customers and for residential, commercial and industrial developers shall be provided by the utility provider(s) awarded the franchise(s) designated by the City Council, in accordance with Cibolo Code of Ordinances, Part 2, Chapter 62 (Solid Waste and Sanitation).

M.

Flood Regulation

The City shall review each proposed subdivision, Site Plan and any other development application to ensure that:

1.

All proposals are designed with the requirement to minimize risk from flood related losses including damage to structures and loss of life.

2.

All public utilities and facilities, such as sewage, gas, electrical and water systems are located and constructed to minimize flood damage.

3.

Adequate drainage is provided so as to reduce risk from flood related hazards and to ensure compliance with this UDC, the Cibolo Design and Construction Manual and City Code of Ordinances Part 2, Chapter 30 (Floods).

A.

Specific Intent

1.

Anticipate and evaluate the incremental and long-term impact of development on broader public and community facility needs.

2.

Identify opportunities to integrate plans for public and community facilities into the planning and design of proposed land divisions.

3.

Consider the location of public and community facilities with initial planning considerations for streets, open spaces, blocks, and lots, so that needed facilities are located conveniently in neighborhoods and districts and serve as focal points for the community.

4.

Provide the opportunity to negotiate a fair and equitable price for land needed to develop public or community facilities, or alternatively to provide an incentive for landowners to dedicate land for needed facilities where the lack of facilities may otherwise constrain potential future development.

5.

Ensure that the most appropriate locations of public and community facilities are identified and considered prior to the premature commitment of these areas to conflicting development patterns.

B.

Dedication of Public Sites

The City Council may request the dedication of land to the City or other government entity with jurisdiction over public and community facilities, for parks, playgrounds, open space, public safety facilities, cultural facilities, or school sites wherever parcels proposed for division include locations identified for such facilities in an official master plan for the jurisdiction. The Planning and Zoning Commission or council shall require that such dedication be in conformance with the Comprehensive Master Plan, or any similar official plan for parks, recreation, public safety, community, or education facilities.

C.

Reservation of Land

Where the land area shown on such plan for such public sites is not dedicated and serves an impact beyond that caused by the proposed development, the City Council may require that the land be reserved for a specific time period to permit such land to be acquired by the appropriate public body.

D.

Credits

Any land dedicated to a public entity for future public or community facilities may request City Council consideration of credits in proportion to the value of the land dedicated for public use. This requirement does not pertain to require parkland dedications or any easements. In order to receive credit, the site must be acceptable to the public entity.

E.

Connection to Linear Parks

Per Article 18.19 of this UDC, it is the policy of the City to reserve appropriate spaces that may be interconnected into a linear park network. The City Council may require that any drainage or utility easement that provides a connection or connections to adjoining neighborhoods or an existing or proposed linear park network also be designated as a public access easement for the purpose of providing pedestrian and bicycle access and may request parkland dedication for this purpose in accordance with this UDC. Linear parks, when required or where proposed, must be designed in accordance with the Cibolo Design and Construction Manual.

Water systems shall be designated, designed and constructed as necessary to comply with all requirements of the Cibolo Design and Construction Manual and the additional standards contained in this Article.

A.

Installation of Water Facilities

All lots, tracts or parcels on which development is proposed shall be connected to a public water system which has capacity to provide water for domestic use and emergency purposes, including adequate fire protection. Where water is to be provided through the City system, the developer shall install adequate water facilities, including fire hydrants, in accordance with all applicable regulations of the State, the City and any other agency regulating public water systems. Where water is to be provided by Green Valley Special Utility District, or any other water utility, the developer shall install adequate water facilities, including fire hydrants, in accordance with all applicable regulations of that utility provider, the State, the City and any other agency regulating public water systems

B.

Alternative Water Sources

1.

An alternative source of non-potable water within a development may be used for irrigation or other similar purposes, subject to City approval and the obtaining of all appropriate permits from the City, State and any other applicable agency. An alternative water source may not be used for potable water supply under any circumstances. The design and construction of water system improvements and alternative water sources shall comply with the rules and regulations of the City, State or any other applicable agency.

2.

Any alternative potable water facilities connected to the City water system shall be capable of providing water for health and emergency purposes, including fire protection. Water supply facilities shall be in accordance with all city code and design requirements. The design and construction of water system improvements and alternative water sources shall also comply with the following standards:

a)

Design and construction of a water source on the site shall be in accordance with applicable regulations of the TCEQ.

b)

Design and construction of water service from the City shall be in accordance with the standards in the Cibolo Design and Construction Manual.

c)

Design and construction of fire protection and suppression systems shall be in accordance with the Cibolo Design and Construction Manual, building and fire codes and local amendments.

C.

Location and Cost of Installation

The location of all fire hydrants, all water supply improvements and the boundary lines of special districts, private systems and certified water service areas, indicating all improvements proposed to be served, shall be shown on the construction plans. The cost of installing all water supply improvements to be made by the developer, including off-site improvements, shall be included in the performance guarantees furnished by the developer.

D.

Extension of Lines

1.

Extension of water and wastewater lines shall be made along the entire frontage of the subdivision adjacent to a street or thoroughfare.

2.

If the subdivision is not adjacent to a thoroughfare, the extension of utilities shall be accomplished in such a manner as to allow future connections to said utilities by new subdivisions.

3.

If new subdivisions will never be constructed beyond a developing subdivision due to physical constraints, the City may consider waiving the requirement for adjacent utility line construction at the time of final plat approval and prior to construction of the subdivision.

4.

Except when expressly stipulated in an adopted Annexation Service Plan, the City is not obligated to extend water lines to provide water service at the expense of the City. The City is obligated to allow owners to tie onto existing City water mains when the following obligations are met: capacity is available, a voluntary annexation petition is received from the developer and/or property owner, and when a property owner bears the expense of extending the said water line to a property. Requests for such an extension must be provided to the City Manager, Director of Planning and Engineering or to the Director of Public Works. Appeals from the decision of the City Manager or designee for such an extension may be considered by the City Council.

5.

Uses, lots or acreage, in existence prior to their annexation into the City shall not be required to connect to a public or private water system purveyor unless the City determines that a water connection is necessary to:

a)

Prevent imminent destruction of property or injury to persons;

b)

Result in the removal or mitigation of a public nuisance;

c)

Relate to the storage and use of hazardous substances or processes; or

d)

Relate to the sale and use of fireworks.

If any of the above conditions exists and the City determines that a water connection is necessary, the City shall provide due notice to the affected property owner and allow the owner up to one (1) year from the date of sending the initial notice to make the required service connection.

6.

Lots or acreage in existence prior to its annexation into the City shall not be required to connect to a public or private water system purveyor until such time as when the lot or acreage is subdivided or developed for any use other than one single-family residence or for agricultural purposes. The Director of Planning and Engineering Department or City Manager shall have the discretion to waive this requirement when an opportunity for a connection to a public or private water system purveyor is not practical or possible.

E.

Reimbursement for Required Excess Capacity

Where the size of water lines required to meet the ultimate requirements for the City is larger than the minimum size of line required to comply with the standards of this UDC, the City may enter into a contract with the owner, developer, or entity constructing the lines for reimbursement for the excess capacity as other users request and are granted service. The developer or entity requesting service from an existing line shall pay a utility extension fee on a prorated basis, as hereinafter set forth. The reimbursement to the owner, developer, or entity that paid for the line construction shall be made only from those utility extension fees paid to the City by users of the facility paid for by the said owner, developer, or entity. The pro-rata basis for the utility extension fee shall be computed based upon the projected capacity in terms of dwelling units as specified by the engineering criteria approved by the City Engineer. The basis for cost shall be the actual total cost of the facility, which shall include, but shall not be limited to construction costs, engineering costs, and inspection costs. The total cost shall be divided by the projected capacity of dwelling units, to determine the base utility extension fee. The maximum period of time for which a reimbursement may be offered shall be limited to three (3) years.

F.

Fire Hydrants

Fire hydrants shall be required in all developments in accordance with the City Fire Code and all local amendments, as well as applicable provisions of the Cibolo Design and Construction Manual.

G.

Individual Wells

1.

Within the City Limits, new development may not be served by individual wells. This requirement shall not pertain to tracts of property larger than five (5) acres in area on which a single residence is proposed to be constructed and where water service is not available.

2.

Individual wells in the ETJ shall be subject to approval by the appropriate county health official. If a well is proposed with a plat, the developer must submit a certificate from a professional engineer registered in Texas or a geoscientist licensed to practice in Texas verifying the adequacy of the proposed source of well supply prior to plat approval. If the well water is intended to be the primary water source to meet adequate public facilities requirements, the developer must submit a certificate from a professional engineer registered in Texas or a geoscientist licensed to practice in this state, or a report from an independent testing laboratory, verifying the adequacy and quality of water for human consumption of the proposed source of well supply prior to plat approval.

3.

Compliance with Other Regulations.

Installation, operations and maintenance of individual wells shall comply with City standards, regulations of the TCEQ, any other applicable State rules and regulations, and applicable regulations of groundwater conservation districts. In the event of conflict among these regulations, whichever is the most stringent shall apply.

H.

Design and Construction

All water facilities within a subdivision shall be designed and constructed to the standards as set forth in the Design and Construction standards of this UDC. Said facilities shall meet all State and federal regulations pertaining to approved public water systems including regulations regarding the preparation, submittal and approval of plans and specifications for water systems. Design of water facilities shall also be in conformance with all laws, policies, standards, rules and regulations for establishing the fire insurance key rate for the City.

Wastewater systems shall be designated, designed and constructed as necessary to comply with all requirements of the Cibolo Design and Construction Manual and the additional requirements of this Article.

A.

General

All lots within a subdivision shall be provided with a connection to an approved public wastewater system unless otherwise approved by the City. Establishment of a private wastewater utility district within the City or within the City's ETJ shall be subject to City Council approval.

B.

Installation of Wastewater Facilities

All lots, tracts or parcels on which development is proposed shall be connected to a public wastewater system which has adequate capacity for proper disposal and treatment of wastewater. Where wastewater is to be provided through a centralized system, the developer shall install adequate facilities, subject to the standards and specifications of the City and state design criteria for wastewater systems. Where insufficient capacity exists downstream of a proposed connection, the replacement and upsizing of the existing main is required of the developer. The installation of a parallel main shall be subject to approval by the City.

C.

Location and Cost of Installation

The location of all wastewater improvements and the boundary lines of special districts, private systems and certified areas, indicating all improvements proposed to be served, shall be shown on construction plans. The cost of installing all wastewater improvements to be made by the developer, including off-site improvements, shall be included in the performance guarantees furnished by the developer.

D.

Future Extension of Lines

Pipe stub-outs shall be located in manholes to facilitate the future extension of wastewater lines. The City Engineer will determine the location and size of the stub-outs.

E.

Reimbursement for Required Excess Capacity

Where the sanitary sewer lines required to meet the ultimate requirements for the City is larger than the minimum size of lines required to comply with the standards of this UDC, the City may enter into a contract with the owner, developer, or entity constructing the lines for reimbursement for the excess capacity as other users request and are granted service. The developer or entity requesting service from an existing line shall pay a utility extension fee on a prorated basis, as hereinafter set forth. The reimbursement to the owner, developer, or entity that paid for the line construction shall be made only from those utility extension fees paid to the City by users of the facility paid for by the said owner, developer, or entity. The pro-rata basis for the utility extension fee shall be computed based upon the projected capacity in terms of dwelling units as specified by the engineering criteria approved by the City Engineer. The basis for cost shall be the actual total cost of the facility, which shall include, but shall not be limited to construction costs, engineering costs, and inspection costs. The total cost shall be divided by the projected capacity of dwelling units, to determine the base utility extension fee. The maximum period for which a reimbursement may be offered shall be limited to three (3) years.

F.

On-Site Sewage Facilities (OSSF)

1.

In the Cibolo ETJ, the use of OSSF for the treatment and disposal of wastewater shall be subject to the approval of Guadalupe County. The minimum lot area for residential subdivisions shall be a minimum one (1) acre (43,560 square feet). OSSF shall be installed on each lot concurrent with any development thereon and the design of such system and the method of installation shall conform in all respects to the standards and specifications of Guadalupe County and the State of Texas for OSSF.

2.

In the City, the use of OSSF for the treatment and disposal of wastewater shall be permitted only if:

a)

Sanitary sewer service is not available to the property;

b)

Existing sanitary sewer service main is located more than 200 feet from the from the front of any building using an OSSF;

c)

The extension of sanitary sewer service to the property is not included in a funded public or private infrastructure project; or

d)

The proposed OSSF is approved by Guadalupe County and by the City.

3.

The minimum lot area for residential subdivisions shall be a minimum one (1) acre (43,560 square feet). The OSSF shall be installed in accordance with all design standards and specifications of the City, County and State for OSSF.

4.

For existing OSSF systems and those OSSF systems that may located on properties annexed into the City, those systems are entitled to continue to manage wastewater service provided that the OSSF complies with all applicable County and State standards and specifications until such time as when the OSSF needs to be refurbished or replaced. If the existing OSSF is located within two hundred (200') feet of an existing or proposed sanitary sewer main, the property owner shall be required to tie onto the existing or proposed sanitary sewer main, at the property owner's expense, when the cost of replacing or refurbishing the OSSF exceeds the cost of tying on to the sanitary sewer main.

5.

In those instances where a sanitary sewer connection is necessary, the Director of Planning and Engineering and affected property owner(s) shall coordinate on a case by case basis to develop a time frame to complete the required service connection.

G.

Extension of Lines

Except when expressly stipulated in an adopted Annexation Service Plan, the City is not obligated to extend sanitary sewer lines to provide sewage service at the expense of the City. The City is obligated to allow owners to tie onto existing City sanitary sewer mains when the following obligations are met: capacity is available, a voluntary annexation petition is received from the developer and/or property owner and when a property owner bears the expense of extending the said sewer line to a property. Requests for such an extension must be provided to the City Manager, Director of Planning and Engineering or to the Director of Public Works. Appeals from the decision of the City Manager or designee for such an extension may be considered by the City Council.

A.

Specific Intent

1.

Protect human life and health;

2.

Minimize losses from flood related damages to personal and commercial properties and structures;

3.

Minimize expenditure of public money for costly flood control projects;

4.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

5.

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains;

6.

Help maintain a stable tax base by providing for the sound use and development of all areas in such a manner as to minimize future flood blight areas;

7.

Ensure that potential buyers are notified that property is in a flood area;

8.

Secure review and approval of the method for handling and disposing of storm water runoff in the City and its ETJ, and securing review, analysis, and approval by the appropriate authority of the design, construction, and maintenance of drainage way facilities in conformance with the Cibolo Design and Construction Manual;

9.

Impose standards and conditions upon the excavating, grading, filling, and berming of the land within the City in conformance with the Cibolo Design and Construction Manual;

10.

Minimize the danger that materials may be swept onto other lands causing injury to others;

11.

Ensure the safety of access to property in time of flood for ordinary and emergency vehicles;

12.

Minimize prolonged business interruptions;

13.

Preserve and protect sensitive natural areas that serve an ecological function in minimizing flood damage;

14.

Create a priority for maintaining natural drainage systems wherever possible, and emphasize the design and arrangement of storm water facilities as community amenities, appropriate to the planning context;

15.

Minimize the amount of impervious surfaces directly connected to storm water systems, and reduce the amount of flow, speed of flow and level of contaminants entering both natural and manmade storm water systems;

16.

Allow flexibility in site designs and cooperation among adjacent development sites, to allow the most efficient development of sites and encourage individual designs that support a more regional or watershed-based storm water solution;

17.

Integrate high-performance flood protection and storm water systems into the open space system;

18.

Encourage creative design solutions that allow areas to perform multiple functions in terms of storm water management, flood protection, open space and recreation, landscape and urban design, or other site development support functions;

19.

Create physical stream buffers to minimize the risk potential pollutants from entering streams, protected wetlands and other environmental sensitive area. Where practical and feasible, future park amenities should be incorporated into these buffers to further the City's park and recreation goals;

20.

Minimize negative environmental impacts of site development on the air and water by developing technical criteria requiring responsible construction sequencing, criteria for silt fences and rock dams, dust control, construction site waste management, concrete washout systems and designated vehicle maintenance and washing, requirements for re-seeding/re-vegetation, using geotextile matting and/or sodding; where appropriate, criteria for storm drain inlet protection and stabilized construction entrances and requirements for spoils and staging areas;

21.

On a case by case basis, accepted professional engineering and geotechnical design considerations shall be applied to the specific characteristics of the property being developed to develop a storm water management designs that limit storm water discharge and excessive grading in order to create nonerosive drainage patterns and to provide development incentives to preserve existing high-value vegetation and provide vegetative filter strips in storm water designs; and

22.

It is the policy of the City to reserve appropriate spaces that may be interconnected into a linear park network. The City Council may require that any drainage easement that provides a connection or connections to adjoining neighborhoods or an existing or proposed linear park network also be designated as a public access easement for the purpose of providing pedestrian and bicycle access and may request parkland dedication for this purpose in accordance with this UDC. Linear parks, where required or proposed, must be designed in accordance with the Cibolo Design and Construction Manual.

B.

Methods for Reducing Flood Losses and Negative Environmental Impacts

1.

Limit runoff from development to a level which is below the level of runoff that exists under natural, undeveloped conditions unless provided for in a regional detention facility;

2.

Restrict or prohibit uses that are dangerous to health, safety, or property in times of flood, or cause increases in flood heights or velocities;

3.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

4.

Discourage and limit the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;

5.

Prohibit filling, grading, dredging and other development which increases risk of flood related damage or loss of life;

6.

Prohibit the construction of flood barriers which unnaturally divert flood waters, or increase risk of flooding to adjacent property owners' ;

7.

Mitigate for the installation of impervious surfaces that result in greater storm water volumes and higher, erosive velocities by allowing parking lots, service roads, and other suitable areas normally covered with concrete and asphalt, such as outdoor storage areas, to utilize porous pavement, pavers, and other "green" design solutions provided that such alternatives designs that are properly designed with highly durable materials in accordance with accepted engineering standards;

8.

Limit storm water discharges to less than five (5) feet per second in natural waterways, provide landscaping and parkland dedication incentives to include vegetative filter strips, or ponds, to enable an integrated means of sediment removal and preserve existing high-value vegetation, particularly hardwoods and the surrounding vegetation for soil stability and natural filtration;

9.

Require that construction plans include plan details or a narration that describes construction sequencing details;

10.

Develop Include design details for silt fence, rock dams, and other erosion control devices and storm inlet protection;

11.

Construction plans shall include a dust control plan, details showing where and how construction site waste management will be provided by the City's franchised solid waste collection provider, details for the storage of fuel or any other hazardous material(s), and details for concrete washout systems;

12.

Construction plans shall show plans for re-seeding/re-vegetation; geotextile matting; or sodding; as appropriate;

13.

Construction plans shall show details of all storm drain inlet protection systems;

14.

Stabilized construction entrances shall be required for all developments and shall be shown on the construction plan set;

15.

Construction plans shall show protected spoils and staging areas and the methods proposed to contain the materials in these areas;

16.

Discharge from fueling/vehicle washing areas. The purpose of this section to discourage the practice of discharging contaminated water or waste into the MS4 and reduce discharges of pollutants, such as detergents, sediments, oil, grease, heavy metals and oxygen demanding substances, from fueling and vehicle washing areas. No persons shall:

a)

Introduce into the MS4 and/or water bodies of any contaminated water or waste from a commercial car wash facility, from any vehicle washing, cleaning, or maintenance area at any new or used automobile or other vehicle dealership, rental agency, body shop, repair shop, maintenance facility, or from any washing, cleaning, or maintenance area of any commercial or public service vehicle, including any truck, bus, or piece of heavy equipment, by any business or public entity;

b)

Introduce into the MS4 and/or water bodies any wash water from the washing, cleaning, deicing or other maintenance of aircraft; or

c)

Discharge into the MS4 and/or water bodies any contaminated water or waste from commercial establishments including but not limited to gas stations, service stations, and auto repair shops with areas exposed to weather conditions.

17.

Construction, development, redevelopment and land disturbance run-off. The purpose of this section to reduce the pollutants such as sediments, heavy metals, toxic material, and nutrients in the stormwater discharges from construction, development, redevelopment and land disturbance activities/sites. No persons shall:

a)

Discharge from a construction site flow having a pH value lower than six (6) or higher than ten and one-half (10.5);

b)

Discharge any type of industrial waste from construction sites to the MS4 and/or water bodies;

c)

Introduce any garbage, rubbish, or yard waste into the MS4 and/or water bodies;

d)

Discharge, including, but not limited to, paint or paint brush cleaning water or solvents or thinners or turpentine or any other combination from single family dwelling or any construction;

e)

Leave unused construction materials or used construction materials or debris on the construction, development, redevelopment, and land disturbance sites. All on site debris shall be properly disposed of in the landfill within thirty (30) days from the occupancy of the structures; or

f)

Wash any type of trucks, including, but not limited to, ready mix trucks or material supply trucks on or around the construction site.

18.

Ready mix concrete truck washing. The purpose of this section to reduce pollutants such as sediments, concrete, altered PH, and oxygen demanding substances in the wash water discharges from ready mix concrete trucks. No person shall wash residual ready-mix concrete from concrete mixing trucks regardless of its location, in an area where discharges might enter the MS4 and/or water bodies.

C.

General Provisions

1.

Lands to Which This Section Applies.

These requirements shall apply to all areas within the City and its extraterritorial jurisdiction.

2.

Proper Drainage, Plans, Approval.

All subdivisions shall be designed to convey storm water flows originating externally and storm water flows generated internally to the development without increasing flood related risks to persons or property. The subdivision shall be designed to ensure drainage at all points along streets and provide positive drainage away from building sites while, simultaneously, preventing discharge of runoff onto adjacent properties. Care shall be given to entry and exit roadways to ensure continuity of delivery of emergency services during periods of exceedingly high storm water flows.

3.

Responsibility.

All drainage facilities required in accordance with this chapter shall be installed and paid for by the subdivider in accordance with applicable standards and specifications of the City, including those specified in City Code of Ordinances Part 2, Chapter 30 (Floods).

4.

Additional Standards and Requirements.

All plans for drainage control shall be consistent with requirements of this Article and all local and regional drainage plans. All plans for drainage control shall also be subject to approval by the City Engineer or duly authorized representative.

5.

Basis for Establishing the Areas of Special Flood Hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency, with accompanying Flood Insurance Rate Maps and Flood Hazard Boundary-Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this UDC.

6.

Drainage Standards.

The Floodplain Administrator shall apply standards, where applicable, for drainage way facilities and storm water detention facilities which shall be adopted in the Cibolo Design and Construction Manual. Said standards shall be followed by every person, firm, corporation in the construction, installation, and maintenance of drainage way facilities and storm water detention facilities and shall regulate the design, installation, utilization and maintenance of all detention and drainage facilities and structures; the design, installation, utilization and maintenance of sedimentation and erosion control procedures, facilities and structures; and shall establish acceptable methods for controlling soil sedimentation and erosion.

7.

Compliance.

No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Division and other applicable regulations. The provisions of this Section shall apply to and be binding upon every person, firm, or corporation who seeks to develop, redevelop, grade, excavate, fill, berm, or dike land within the City.

8.

Abrogation and Greater Restrictions.

The requirements of this UDC are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

9.

Interpretation.

In the interpretation and application of all provisions shall be:

a)

Considered as minimum requirements;

b)

Liberally construed in favor of the purpose of this Article to minimize flooding; and

c)

Deemed neither to limit nor repeal any other powers granted under State or Federal statutes.

10.

Warning and Disclaimer of Liability.

The degree of flood protection required by this UDC is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. The requirements of this Division shall not create liability on the part of the City or any official or employee thereof for any flood damages that result from reliance on the UDC or any administrative decision lawfully made there under.

11.

Areas of Known Flood Risk.

The City Council will adopt a map of areas of know flood risk which have experienced a loss of life, property, structural damage, is subject to frequent inundation or represents a risk to the motoring public. This map includes area outside of the regulatory floodplain and will be used to identify risks which must be required from the developer at the direction of the City Engineer or designee.

D.

Facilities Required.

1.

The subdivider shall provide a storm drainage system which protects landowners up and downstream of the proposed development in addition to each lot throughout the subdivision from risk of flood related losses. These drainage facilities may consist of a combination of natural features, swales, watercourse improvements, bridges and culverts, enclosed storm sewers and other man-made improvements to carry off storm water within the subdivision. The drainage system shall use detention ponds, retention ponds and siltation ponds, individually or in concert, to control runoff and to protect downstream properties from any increase in flooding originating from the subdivision. The system shall be integrated with the overall drainage system of the city, and the design of the system must be approved by the City Engineer in accordance with the requirements of this UDC and the Cibolo Design and Construction Manual.

2.

Where a subdivision has a single point of access to an existing public right-of-way the point of access must pass the 100-year floodplain without overtopping. Where more than one point of access is required by the Code, all required connecting roadways will pass the 100-year floodplain without overtopping.

3.

Storm water detention is to be provided for all developments and over-detaining is to be used to mitigate increases in flows as a result of peak-on-peak affects which arise as a result of providing detention. The Downstream Drainage Assessment required by other sections of this UDC will demonstrate compliance with this requirement.

E.

Standards for Subdivision Plats

1.

Consistency Required.

Subdivision plats shall be consistent with all provisions of this UDC.

2.

Requirements.

All plats shall meet Floodway Development Permit requirements, when applicable, and the provisions of the Cibolo Design and Construction Manual.

3.

Base Flood Elevation (BFE) Data.

100-year base flood elevations are to be shown on all buildable lots adjacent to a drainage easement or lot containing a regulatory floodplain. Additionally, these lots must also be identified on the plat as having a finished floor assigned by the engineer of record as having a finished floor elevation of one (1) foot higher than the BFE as calculated for that lot.

4.

Provisions Prior to Final Approval of Plats.

Prior to final approval of a Final Plat, the developer shall provide either actual construction of all approved drainage and detention facilities required by the City or sufficient surety bond, trust agreement, performance bond, or an irrevocable letter of credit; approved by the Floodplain Administrator and City Attorney guaranteeing the developer's pro-rata share of construction of all required drainage way and detention facilities in accordance with an approved Drainage Plan (in conjunction with approved Construction Plans) and Cibolo Design and Construction Manual.

F.

Storm Water Management

Storm water management facilities shall be provided prior to site construction or clearing, where design is required at the time of platting.

1.

Storm water management shall be designed and constructed to prevent adverse conditions from arising on property adjoining and downstream of the subdivision site. Adverse conditions include increases in risk from flood related losses arising from increases in peak flows, generating addition runoff, loss of flood storage, changes in timing of discharges from the proposed site or routing of flows through site, increases in water surface elevations and changes in velocity. The drainage report shall show that mitigation of the impacts of development on the drainage system will be provided as part of the development. Mitigation shall include detention, retention, infiltration, channel improvements, and other means acceptable to the City Engineer. Stormwater Management facilities shall be designed to reduce post-development peak flow rates of discharge to a maximum of 80% of the pre-development rates for the two (2), five (5) ten (10), twenty-five (25), fifty (50) and one hundred (100) year storm events at all points of discharge. The drainage report shall also include an evaluation of downstream conditions to include consideration of and mitigation for risk from flood related losses arising from increases in peak flows, generating additional runoff, loss of flood storage, changes in timing of discharges from the proposed site or routing of flows through site, increases in water surface elevations and changes in velocity.

2.

The City Council, after considering a recommendation from the City Engineer and staff, may waive the Storm water Management requirements as outlined herein and approve subdivisions of land that have fewer than seven (7) residential lots with a density of two (2) dwelling units or less per acre.

G.

Detention and Drainage Facilities

1.

Requirements and Standards.

On-site storm water detention shall be required for all new developments, redevelopments and building or site permits where an increase in impervious cover of 4,000 square feet is proposed. Detention will be required to offset increased runoff resulting from new developments except for those developments for which approved regional detention facilities have been established or for which alternate plans have been approved by the City Engineer. Design standards for all storm water detention and drainage facilities shall be established by adopted in the Cibolo Construction and Design Manual.

2.

Title Ownership and Maintenance.

Detention and drainage facilities herein provided for shall be dedicated to the public and maintained by the public unless such facilities are an integral, usable part of the development, in which case the ownership and maintenance of said facilities may remain with the private sector. These systems, when retained by the owner shall be maintained by the current and subsequent owners in a manner that will allow them to function as designed. The owner must execute a written maintenance agreement with the City before this option is used and such agreement shall be filed with the Guadalupe County Recorder. These agreements shall be as encumbrances upon the land.

a)

Major drainage systems not retained by the owner shall be conveyed by title, easement or through the acceptance processes of this UDC to the City as required by the City Engineer and City Attorney.

b)

The dedication of a detention facility shall provide that, in the event that the City Council determines that the detention facility is unneeded or unnecessary as a result of drainage way improvements, the same may revert to the party making such dedication, or the abutting owners, or their respective heirs, successors, or assigns.

c)

The City shall only maintain concrete drainage structures that were either constructed by the City or which were formally accepted by the City, per Section 20.3.6 of this UDC.

3.

Private Drainage Facilities.

Roof drains, building drains, and parking lot drainage ways may be located outside dedicated drainage ways.

H.

Alternative Design Standards

1.

Purpose.

It is the purpose of this section to provide for the consideration of detention and drainage facility designs which differ from the conventional design standards as outlined within this UDC, but which are based upon sound engineering judgment. Such alternative(s) shall meet the purpose and intent of the standard being varied. In this context, detention and drainage facilities shall mean physical improvements such as detention ponds, retention ponds, drainage swales, as well as any other infrastructure element of a proposed development. Land Development Code Chapter 3: Subdivision Regulations Article 2: Subdivision Standards

2.

Approval Based on Engineering.

Decisions regarding design of such physical improvements in a subdivision should be based on engineering studies. Thus, while this UDC provides standards for design, the regulations are not a substitute for sound engineering judgment. Therefore, a licensed engineer may submit alternative designs to be reviewed and considered by the City Engineer, including the option of providing a downstream assessment.

3.

Relationship to UDC/Cibolo Design and Construction Manual.

If the proposed alternative design is approved by the City Engineer, then all other applicable provisions of this UDC and the Cibolo Design and Construction Manual shall be deemed to have been met. If the proposed alternative design standards are not approved by the City Engineer, then the standards contained this UDC and the Cibolo Design and Construction Manual shall apply.

4.

Appeals to the Planning and Zoning Commission.

If a proposed alternative design is rejected by the City Engineer, the subdivider may appeal the decision to the Planning and Zoning Commission.

I.

Construction Sequencing and Erosion Controls

Construction Plans required by this UDC shall be accompanied by a comprehensive and detailed report and plan for the control of erosion and sedimentation. The report shall include a construction sequencing plan which details the proposed placement, maintenance and removal of temporary erosion controls, the slope stabilization techniques which are to be employed and the restoration measures, including vegetative types, which are to be employed as part of the process of subdivision development. The plan shall list and show the location of temporary erosion controls, show the physical details of the controls, and include a construction sequencing list which will govern the timing of the use of various controls in relation to distinct steps in subdivision construction.

J.

Land Clearing Restrictions

No clear-cutting or rough-cutting of land shall be permitted unless approved by a construction sequencing and erosion control plan as required by this UDC and the issuance of a Site Development Permit, except for limited clearing and rough-cutting necessary for soil testing and surveying as required by this UDC. No other clearing or rough cutting shall be permitted except as necessary for construction of temporary erosion and sedimentation controls until these controls are in place and approved by the City Engineer. Areas to be cleared for temporary storage of spoil or construction equipment, or for the permanent disposal of fill material or spoils, shall be shown on preliminary plat.

K.

Enforcement of Erosion Controls and Clearing Restrictions

If a subdivider does not comply fully with an approved erosion control and construction sequencing plan, or violates the restrictions on land clearance in the preceding subsection, the City Manager shall notify the subdivider in writing that the City may correct the violation and revegetate the disturbed area at the subdivider's expense unless, within thirty (30) days after the date of the notice, the subdivider complies, corrects the violation, provides the required erosion and sedimentation controls and provides continuing maintenance thereof acceptable to the City Manager.

L.

Required Drainage Study

1.

General.

a)

Drainage Plans shall be prepared by a registered professional engineer licensed by the State of Texas.

b)

Drainage Plans submitted for final approval shall bear the signature of the submitting engineer and the following certification:

c)

"I hereby certify that I am familiar with the adopted ordinances and regulations of the City governing detention and drainage facilities; that these plans have been prepared under my direct engineering supervision; and that the above and foregoing Drainage Plan complies with all governing ordinances and the adopted drainage standards of the City pertaining to detention and drainage facilities to the best of my knowledge, information and belief."

d)

Upon completion of a required drainage facility improvement, a certification from a contractor or registered professional engineer shall be provided similar to the following certification:

"I hereby certify that the detention improvements were constructed and completed in accordance with the approved Drainage Plans."

e)

Plan Elements.

A Drainage Plan shall consist of engineering drawings, contour maps, and all supporting engineering calculations, as applicable to the land area covered by the Plan, as detailed in Section H below, which are required to demonstrate full compliance with the requirements of this UDC and the Cibolo Design and Construction Manual.

f)

Requirements in Areas of Special Flood Hazards.

Drainage Plans for developments in areas of special flood hazard shall adhere to all requirements of this UDC, the Cibolo Design and Construction Manual and the Special Flood Hazard requirements in the City Code of Ordinances Part 2, Chapter 30 (Floods).

2.

Administration of Drainage Plans.

a)

Processing of Drainage Plans. All Drainage Plans as required by this section shall be submitted to and received by the Floodplain Administrator. A conference to discuss the Drainage Plan may be held with the Floodplain Administrator, but only after Construction Plans have been officially submitted.

b)

Within twenty (20) business days after receipt of a properly completed Drainage Plan, the Floodplain Administrator shall either approve or deny the submitted plan.

c)

Approval of a submitted Drainage Plan shall only constitute acceptance by the Floodplain Administrator of the certification of the submitting engineer and such acceptance shall not operate to remove any requirement of Cibolo's adopted Drainage Standards which are not specifically considered in the approved plan.

d)

Drainage Plans which meet the requirements of this ordinance and which conform to all requirements of the UDC and the Cibolo Design and Construction Manual shall be approved.

e)

If the required findings cannot be made based upon the information contained in the submitted plan, such additional information as is required by the Floodplain Administrator to make such determination will be identified; in the event that the information deficiency is of a technical nature, the Floodplain Administrator may request an engineering conference with the submitting engineer.

f)

If a submitted Drainage Plan is denied, the certifying engineer or applicant, as applicable, shall be advised in writing of the disapproval.

3.

Drainage Study Contents.

The subdivider shall submit a drainage study with the final construction plans for residential subdivisions, and wherever stormwater flow management facilities shall be regional and dedicated to the public. The required drainage studies in commercial subdivisions where facilities are site-specific and privately maintained may be submitted with building permit construction documents for each lot. The drainage study shall provide the following information, for both existing and fully developed conditions, for the entire watershed drainage area upstream of the lowest point(s) in the subdivision.

a.

The drainage areas contributing to the area being platted inclusive of external drainage areas and internal drainage areas depicted on seven and one half (7.5) minute series U.S.G.S. map.

b.

The drainage area(s) within the subdivision, depicted on a topographic map with one-foot contour intervals (maximum scale of 1" = 50').

c.

Composite runoff factors or Curve Numbers.

d.

Times of concentration calculations and lag times.

e.

Related rainfall intensity factors or cumulative rainfall depths by storm duration.

f.

2, 5, 10-, 25, 50 and 100-year flood flow quantities with the 10-, 25- and 100-year flood plain limits for the existing and fully developed watershed shown on the preliminary plat. Lots adjacent to lots or easements containing 100-year floodplain will require a Base Flood Elevation (BFE) shown.

g.

Preliminary street grades sufficient to determine high points, low points, and direction of runoff flows.

h.

Proposed locations of inlets, storm sewers and culverts.

i.

Proposed routing of drainage ways.

j.

All proposed drainage easements, including width of easement and configuration of channel.

k.

The calculations to determine the volume of proposed detention/retention/sedimentation ponds.

l.

Roads, measured curb to curb, shall be designed for ten (10) year storm event, and right-of-way to right-of-way for a 25-year storm event. Underground drainage facilities and all above ground channels shall be designed to a full flow 25-year storm event with positive drainage ways for the 100-year event indicated. The overflow from the 100-year event shall not enter a residential lot. Detention ponds and conveyance systems directly connected thereto shall be designed for the 2, 5, 10, 25, 50 and 100-year storm events. Note that the provisions of Section G apply.

The above information shall be supplemented with narrative text describing the watershed and the subdivision, including their general soil conditions, downstream channel conditions, all weather access, and the presence of special flood hazard areas within the subdivision. The study shall be prepared by a professional engineer registered in the State of Texas. The drainage study shall be submitted along with the preliminary plat. The City Engineer shall review the submission and verify that all UDC requirements have been met.

4.

Downstream Drainage Assessment.

Downstream drainage assessment shall extend from the outfall of the subdivision to a point downstream, determined by one of two methods as elected by the City Engineer prior to submittal of the Drainage Study:

•

2000-foot Downstream Analysis - Analyze flows to a point 2000-feet downstream of all outfalls from the proposed development;

•

Area of Known Flood Risk - The City Engineer will identify the area of know flood risk which is to be considered in the Drainage Study. The area of known flood risk may exceed the 2000-foot downstream limit and/or include upstream areas used in the other method of assessment;

These methods recognize the fact that a structural control providing detention has a "zone of influence" downstream where its effectiveness can be felt. Beyond this zone of influence the storm water effects of a structural control become relatively small and insignificant compared to the runoff from the total drainage area at that point. Based on studies and master planning results for a large number of sites, a general rule of thumb is that the zone of influence can be considered to be the point where the drainage area controlled by the detention or storage facility comprises ten (10%) percent of the total drainage area. This is known as the 10% Rule. As an example, if a structural control drains ten (10) acres, the zone of influence ends at the point where the total drainage area is one hundred (100) acres or greater.

The downstream assessment shall include the following steps:

i.

Determine the outfall location of the site and the pre- and post-development site conditions.

ii.

Using a topographic map, determine a preliminary lower limit of the zone of influence using the ten (10%) percent Rule.

iii.

Using a hydrologic model determine the pre-development peak flows and velocities at each junction beginning at the development outfall and ending at the next junction beyond the preliminary lower limit of the zone of influence (10% point). Model all undeveloped off-site areas as "fully built-out" for both the pre- and post-development analyses. Use the City Future Land Use Map to determine future land uses for the model. Evaluate discharges and velocities for the 10-year, 25-year and 100-year storm events. Use storm durations equal to 24-hours and two times the time of concentration calculated for the outfall of the subdivision.

iv.

Change the land use on the subdivision site to post-development conditions and rerun the model.

v.

Compare the pre- and post-development peak discharges and velocities at the downstream end of the model. If the post-developed flows are higher than the pre-developed flows for the same frequency event, or the post-developed velocities are higher than the allowable velocity of the downstream receiving system, extend the model downstream. Repeat steps 3 and 4 until the post-development flows are less than the pre-developed flows, and the post-developed velocities are below the allowable velocity. Allowable velocities are provided in the Cibolo Design and Construction Manual.

vi.

Add proposed storm water management facilities to the model designed so that the model shows that adverse effects are mitigated. Adverse effects can be shown to be mitigated if flooding is not increased, velocities do not exceed the greater of allowable maximum velocities or pre-development velocities, and that the peak flow at the downstream limit of the zone of influence is not increased.

M.

Drainage Easements

1.

General Requirements

Natural waterways and channels should be used wherever practical to carry runoff. Any modifications to existing waterways and channels must be approved by the City Engineer. Where a subdivision is traversed by a watercourse, drainage way, natural channel or stream, an easement or right-of-way or floodplain buffers as established in other sections of the Code.

2.

Overflow Drainage

Storm drainage easements shall be provided for emergency overflow drainage ways of sufficient width to contain within the easement storm water resulting from a 100-year frequency storm less the amount of storm water carried in an enclosed system.

N.

Flood Hazards

1.

General Policy.

All subdivisions shall conform to the "Flood Disaster Protection Act of 1973," Public Law 93-234, and the latest revisions thereof. Development shall adhere to all policies and requirements of the Federal Emergency Management Agency and Chapter 30 "Floods" of the City Code of Ordinances.

2.

Flood Plain Designations and General Restrictions.

The Effective Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRM) are updated from time to time by the Federal Emergency Management Agency (FEMA). The latest FIRM panels, as adopted by the City Council, are the regulatory floodplain maps for use in compliance with the National Flood Insurance Program (NFIP). The requirements of the NFIP are incorporated by reference and establish the minimum criteria under the code.

3.

Flood Hazards to Water and Wastewater Systems.

New or replacement water supply systems and/or wastewater systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. On-site waste disposal systems shall be located so as to avoid impairment of them or contamination from them during flooding.

O.

Green Space Preservation

1.

Purpose and Definitions.

The purpose of this section is to establish minimal acceptable requirements for the design of buffers to protect the streams, wetlands and floodplains of Cibolo, Texas; to protect the water courses, reservoirs, lakes and other significant water resources in Cibolo; to protect Cibolo's riparian and aquatic ecosystems; and to provide for the environmentally sound land use.

The following definitions shall be used to define the terminology described in this "Green Space Preservation" section:

Best Management Practices or BMP.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMP's also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

Environmentally Sensitive Area.
Any area wherein plant or animal life, listed in the Texas Endangered Species Act and/or the Federal Endangered Species Act, exists or there is evidence of their inhabitance.

Erosion.
Refers to the eroding of land by the action of wind, water, gravity, ice or any combination of these forces.

First Order Stream.
No defined tributaries drain into this stream and it normally originates from springs, seeps or rain runoff from the higher elevations in a watershed and conducts water into a higher order stream. First order streams appear on a USGS 1:24,000 Topographical Map.

Fourth Order Stream.
A stream formed by the confluence of two third order streams.

Ordinary High-Water Mark (OHWM).
"Line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas," as defined in 33 CFR Part 328 Definition of Waters of the United States- Section 328.3 e.

Second Order Stream.
A stream formed by the confluence of two first order streams.

Stream Order.
A classification system for streams based on stream hierarchy, with the smallest stream having the lowest numerical classification.

Streams.
Identified on U.S. Geological Survey (1:24,000) maps.

Stream System.
A stream channel of a given order together with one or more of the following: 1) 100-year floodplain; 2) Hydrologically related wetland; 3) Reservoir receiving water from one or more streams.

Third Order Stream.
A stream formed by the confluence of two second order streams.

Vegetative Buffer.
A vegetated area, including trees, shrubs, and herbaceous vegetation that exists or is established to protect a stream system. A vegetative buffer for a stream system generally consists of a strip of land, with native vegetation, along both sides of a stream system.

2.

Applicability.

a.

This section shall apply to development subject to the UDC. A development is exempt from this ordinance if it does not contain a stream system.

b.

This ordinance shall apply to surface mining operations except that the design standards shall not apply to active surface mining operations that are operating in compliance with an approved U.S. Department of the Interior surface mining permit.

c.

This ordinance shall apply to the City, a municipal corporation, and its lawful ETJ.

d.

This section applies to all development except for activities initiated prior to the effective date of this UDC and meeting any of the following criteria:

i.

Valid, unexpired permit in accordance with development regulations;

ii.

A current, executed public works agreement;

iii.

A valid, unexpired building permit;

iv.

A complete, unexpired plat application;

v.

An approved and unexpired Master Plan;

vi.

Platted property.

3.

Preservation and Buffering Requirements.

a.

All Third Order and higher stream systems are required to be preserved and buffered in accordance with this section.

b.

First and Second Order Stream systems, which include any of the following criteria, are required to be preserved and buffered in accordance with this section unless the "Conservation Plan Requirements" described in this section are satisfied:

i.

An environmentally sensitive area.

ii.

Wetlands and Waters of the U.S. according to the Wetland Map.

iii.

Existing trees with a caliper equal to or greater than 8 inches DBH within the stream channel or potential stream buffer, excluding the undesirable trees referenced in Article 17 of this UDC.

4.

Design Standards for Stream Buffers.

a.

The width for vegetative buffers shall depend on the order of the stream being developed.

b.

First and Second order streams that are to be protected shall have a buffer originating from OHWM extending fifty (50') feet on either side of the stream.

c.

The required width of a buffer for a Third Order Stream will be fifty (50') feet on both sides measured from the OHWM, with twenty-five (25') feet of buffer added for each level of increase in stream order. For example, a fourth order stream shall have a seventy-five (75') foot buffer. A Fifth Order Stream should have a one hundred (100') foot buffer.

d.

Permanent boundary signs approved by the Planning and Engineering Director shall be installed after construction is completed.

e.

The following are permitted exceptions:

i.

Regardless of the stream order, the maximum width of the buffer is one hundred (100') feet from the OHWM.

ii.

All development shall comply with the City Code of Ordinances Chapter 30 (Floods), this UDC and the Cibolo Design and Construction Manual.

iii.

The width of the buffer on each side of the stream maybe adjusted (both width and length) as long as the total square footage of the buffer remains the same for the stream order but in no event shall the buffer be less than twenty-five (25') feet on any side.

iv.

The twenty-five (25') feet of buffer immediately adjacent to the OHWM, containing undisturbed native vegetation, is restricted to permitted road, utility crossings, storm water management facilities and recreational facilities approved by the City. The remainder of the buffer, also containing native vegetation, is restricted to utility right of ways, designated biking/hiking paths, storm water management facilities, and recreational facilities by the City.

5.

Design Standards for Existing Ponds and Buffers.

a.

Existing ponds may be used as storm water management facilities, in accordance with City Code of Ordinances Chapter 30 (Floods), the UDC and the Cibolo Design and Construction Manual if a conservation plan is submitted in accordance with this section. Existing ponds, to be used as a storm water management facility, shall have a buffer width of twenty (20') feet.

b.

The area of the twenty (20') foot buffer may include the embankment as long as the total square footage is maintained.

6.

Green Space Plan Requirements.

a.

Stream systems and buffers shall be shown on site-specific drainage maps.

b.

Prior to construction, signs shall be placed every one-hundred (100') feet on orange construction border fencing at the edge of the buffer zone to inform workers that the placing of construction materials in the buffer zones during the construction phase is prohibited.

7.

Conservation Plan Requirements.

Where disturbance of protected First or Second Order Stream systems are proposed, the following shall be submitted:

a.

A Green Space Plan.

b.

A location or vicinity map of areas outlined in the section.

c.

A summary of disturbance activities, and an in-depth detailed description of disturbances that affect or may affect areas outlined in this section.

d.

A detailed description of mitigation activities, as outlined below:

i.

If Wetlands and/or Waters of the U.S. are affected:

(1)

Section 404 Permit

(2)

Wetland Mitigation Plan.

ii.

If trees are removed:

(1)

All four (4") inch DBH caliper or greater trees removed must be replaced by an equal caliper sized tree of the same species, excluding the undesirable treed identified in this UDC; or smaller trees of the same tree species that equal the caliper of the removed tree (i.e.: four (4) one (1") inch DBH trees to replace a four (4") inch DBH caliper tree).

(2)

This/these tree(s) must be located within the stream system or buffer on the property where the removed tree was located.

(3)

Twenty-five (25%) percent of the original tree species must be replaced with the same species. The remaining seventy-five (75%) percent of original tree species may be replaced with "approved tree" species listed in this UDC.

8.

Buffer Management and Maintenance.

a)

Protected stream systems and vegetative buffers shall be managed to enhance and maximize the unique value of these resources. Management includes specific limitations on alteration of the natural conditions of these resources. The following practices and activities are restricted within the vegetative buffer:

i.

Clearing of any existing vegetation;

ii.

Soil disturbance by grading, stripping, or other practices;

iii.

Filling or dumping;

iv.

Use, storage, or application of herbicides.

b)

The following structures, practices, and activities are permitted in the vegetative buffer, with specific design or maintenance features:

i.

Roads, bridges, sidewalks, and utilities;

(1)

These facilities may be constructed if such are required by the City; access to the property would be hindered or compromised because of the property's location; or if conditions specific to the land require it. In any of these instances, the Planning and Engineering Director or designee may administratively grant approval or deny the request for the construction of said structure(s). In the event of denial by the Planning and Engineering Director or designee, the issue may be appealed to the Planning and Zoning Commission, whose decision shall be final.

(2)

The right-of-way should be the minimum width needed to allow for maintenance access and installation.

(3)

The angle of the crossing shall be as near to perpendicular as allowed by the Planning and Engineering Director or designee. In the event of denial by the Planning and Engineering Director the issue may be appealed to the Planning and Zoning Commission and City Council, whose decision shall be final;

(4)

Every effort shall be made to minimize the number of road crossings within each subdivision and no more than one road crossing is allowed for every 1,200 feet of buffer.

ii.

Storm Water Management;

(1)

These facilities may be constructed, if such are required by the City for flood control or to improve water quality or habitat in the stream. In any of these instances, an applicant may request a waiver of the standards for Planning and Zoning review and City Council approval. A waiver may only be granted if the proposed "alternate storm water design solution" is consistent the spirit and intent of this UDC and consistent with generally accepted engineering practices.

(2)

When constructing storm water management facilities, "best management practices" shall be observed. The area cleared will be limited to the area required for construction and adequate maintenance access as required in this UDC and the Cibolo Design and Construction Manual.

(3)

Material dredged or otherwise removed during construction or subsequent maintenance from a storm water management facility shall be stored outside the buffer.

iii.

Stream restoration projects approved by the Planning and Engineering Director or designee are permitted within the vegetative buffer;

iv.

Water quality monitoring and stream gauging are permitted within the vegetative buffer as approved by the Planning and Engineering Director or designee;

v.

Individual trees within the buffer that are in danger of falling, causing damage to dwellings or other structures, or causing blockage of the stream, may be removed. Other tree cutting techniques approved by the Planning and Engineering Director or designee may be undertaken within the vegetative buffer under the advice and guidance of the Planning and Zoning Commission, if necessary to preserve the riparian forest from extensive pest infestation and disease infestation;

vi.

Selective clearing for health and safety purposes is allowed as determined by P and E Director or designee.

c)

The Final Plat and all right-of-way plans shall clearly show the extent of any vegetative buffer on the subject property.

d)

All protected vegetative buffer areas and stream systems shall run with the land and continue in perpetuity. Protected vegetative buffer areas and stream systems may be dedicated to the public by separate instrument, which must be submitted to the City Engineer and/or the P and E Director or designee for approval and recorded in the land records, or by a Final Plat. If the owner property desires to keep the stream system and buffer as an amenity, there shall be a covenant, to be submitted to the City Engineer and/or Planning and Engineering Director, for approval and recorded in the land records, that restricts the use of the stream system and buffer to uses set forth herein, and specifies that the owner, or an owner designee, must ensure that the stream system and buffer is maintained by the owner, their heirs, successors and assigns for so long as the stream system and buffer remains in private ownership.

e)

The Planning and Engineering Director or designee and City Engineer shall inspect the buffer annually and immediately following severe storms for evidence of sediment deposition, erosion, or concentrated flow channels. Corrective actions shall be taken to ensure the integrity and functions of the vegetative buffer.

f)

The City will maintain all vegetative buffer and stream systems that are created pursuant to this section which have been dedicated to the public.

g)

Weeds and grass shall be maintained by the property owner, HOA, or Property Owner Association on which the easement is located in accordance the City Code of Ordinances provisions for high weeds and grass.

9.

Linear Parks.

It is the policy of the City to reserve appropriate spaces that may be interconnected into a linear park network. The City Council may require that any drainage or utility easement that provides a connection or connections to adjoining neighborhoods or an existing or proposed linear park network also be designated as a public access easement for the purpose of providing pedestrian and bicycle access and may request parkland dedication for this purpose in accordance with this UDC. Linear parks, when provided, must be designed in accordance with the Cibolo Design and Construction Manual.

10.

Incentives.

a)

If buffer widths on first and second order streams are strictly adhered to, the conservation plan requirement shall be waived.

b)

Credit shall be given as determined by the Planning and Engineering Director or designee for the development of Linear Parks around natural drainage and wooded areas that provide potential recreational uses. Criteria for flood plain areas (based upon a hundred-year flood plain) that is dedicated as parkland, will be given credit as determined by the P and E Director or designee by meeting the following requirements:

i.

Flood plain and natural drainage area shall generally not exceed 60% of total park site.

ii.

At least fifty (50%) percent of required dedicated parkland shall have slopes in the range of 2% and not to exceed 5%, well-drained and suitable for active use.

iii.

Additional flood plain acreage over seventy-five (75%) percent of required parkland may be dedicated at a (3:1) ratio in acres in lieu of non-flood plain property and any such consideration of acreage shall be at the discretion of the Planning Director in compliance with the Parks and Open Space Comprehensive Master Plan.

iv.

The Planning and Engineering Director or designee shall determine whether land offered for dedication complies with the standards for dedication as provided in the Cibolo Master Parks Plan and Comprehensive Master Plan.

c)

Storm water discharges into large creeks

For development adjacent to the main stem of Cibolo, Dietz, Town Creek East, Town Creek West, Town Creek or Santa Clara Creeks, storm water discharge may not require detention facilities, provided that the engineer is able to demonstrate that the increased direct discharge will not result in any adverse impacts to any downstream or adjacent property, and provided that there is compliance with the City Code of Ordinances Chapter 30 (Floods) and all other aspects of this UDC and Cibolo Design and Construction Manual.

d)

On-site detention within the plat boundaries of a residential subdivision

i.

For detention ponds in residential developments voluntarily created to enhance the protection of First and Second Order Streams, the required private maintenance shall extend to the warranty period as provided by other ordinances.

ii.

When a first or second order stream within development is voluntarily protected, a ROW. section may be similarly modified as provided herein.

e)

Commercial subdivisions distributed detention

i.

Distributed detention on commercial subdivisions where streams are to be voluntarily protected shall be allowed, deferring the construction of required storm water detention facilities to the building permit (construction) phase, so long as the deferral is approved at final platting and covered by a note on the face of the plat.

ii.

In cases where a development includes a protected stream system, the required detention volume may be distributed over the site provided the plat is annotated with a note indicating the "Q" (volumetric discharge) of each lot.

iii.

The required private maintenance period for off-line detention facilities shall extend to the warranty period. Warranties shall remain in effect as provided by this UDC.

iv.

For developments where all lots are at least one acre in area, minimum storage requirements for detention and the maximum discharge rate requirement shall be included on the plat for each lot, specifying the requirement for each lot to individually meet the requirements of this UDC and the Cibolo Design and Construction Manual during the building permit process. A General Note approved by the Planning and Engineering Director or designee that specifies these requirements shall be included on the face of the plat. Calculations for said lot storage volumes and discharge rates shall be approved by the City Engineer in conjunction with their review of the improvement plans for the development during the platting process.

f)

Park credit transferability

i.

Voluntary protection of first and second order streams entitle the owner to a park credit for the stream system protected and its surrounding buffer on an equivalent square footage basis. If the following criteria are met:

(1)

Flood plain and natural drainage area shall generally not exceed seventy-five (75%) percent of the site;

(2)

At least fifty (50%) percent of the buffer shall have slopes in the range of 2% and not to exceed 5%, be well drained and suitable for active use;

(3)

Additional park requirements, if any, shall be incorporated (be adjacent) to any buffer.

(4)

The buffer and the park space shall be reviewed by the Planning and Engineering Director or designee to ensure that the buffer and park space requirement comply with the City Standards for Dedication as a park and buffer.

(5)

If the buffer and park meet the requirements set forth herein the Planning and Engineering Director or designee shall make a recommendation to the City Council regarding the acceptance of said buffer and park.

ii.

Mandatory protected third order streams and higher qualify for a park credit for the surrounding buffer on an equivalent square footage basis. If the following criteria are met:

(1)

Flood plain and natural drainage area shall generally not exceed seventy-five (75%) percent of the site;

(2)

At least fifty (50%) percent of the buffer shall have slopes in the range of two (2%) percent and not to exceed five (5%) percent, well drained and suitable for active use;

(3)

Additional park requirement, if any, shall be incorporated, or be adjacent to, any buffer;

(4)

The buffer and the park space shall be reviewed by the Planning and Engineering Director or designee to ensure that the proposed buffer and park space complies with the City standards; and

(5)

If the buffer and park meet the requirements set forth herein, the Planning and Engineering Director or designee shall make a recommendation to the City Council regarding the acceptance of said buffer and park.

iii.

Park credits obtained pursuant to this provision shall be transferable but may only be used for projects identified on the current City 5-Year CIP.

iv.

In the event there is first, or second order stream systems located on a tract, ten acres or smaller, and the owner of said tract wishes to voluntarily preserve the stream system he shall be entitled to a park credit.

v.

Any decision by the Planning and Engineering Director or designee which does not favor the acceptance of park and buffer may be appealed to the Planning and Zoning Commission for a recommendation regarding the acceptance of the park and buffer to the City Council.

11.

Waiver/Credit.

a.

The City Council, in consultation with the City Engineer, may grant a waiver for projects or activities for which it can be demonstrated that strict compliance with the ordinance would result in a practical difficulty or for those projects or activities serving a public need where no feasible alternative is available

b.

The City may, as deemed appropriate by the Planning and Engineering Director or designee, give credit towards the average buffer width on the platted property for the restoration of riparian habitat and/or installation of a wetlands area within the property boundaries if such installations are ecologically integrated with the riparian system. The square footage of the restored area or wetlands area shall be credited toward the square footage required for the buffer zone.

c.

The applicant shall submit a written request for any waiver to the Planning and Engineering Director or designee. The application shall include specific reasons justifying the waiver and any other information necessary to evaluate the request. The applicant shall demonstrate how strict application of the UDC results in a hardship. In consideration for a waiver, the Planning and Engineering Director or designee may recommend site design, landscape planting, fencing, and the like to compensate for a waiver. The Director shall formulate a recommendation for the Planning and Zoning Commission and Council to consider in their review and approval of the proposed waiver.

12.

Connection to Cibolo Lineal Park System.

The Planning and Zoning Commission and City may require the Green Space Preservation areas described herein to be dedicated or incorporated by some other appropriate legal instrument or plat reservation into the City Linear Park System described in this UDC.

A.

General.

1.

The formation of a political subdivision for the intended purpose of supplying fresh water for domestic or commercial use, or to furnish sanitary sewer services, roadways, or drainage facilities, may not be created in the extraterritorial jurisdiction of the City unless the City Council gives its written consent by ordinance or resolution in accordance with Section 42.042, 42.0425 and 42.043 of the Texas Local Government Code and the Texas Water Code. In giving its consent, the City Council may not place any conditions or other restrictions on the creation of the political subdivision other than those expressly permitted by Section 54.016(e), Water Code.

2.

If the City Council fails or refuses to give its consent for the creation of the political subdivision on mutually agreeable terms within ninety (90) days after the date it receives a written request for the consent, a majority of the qualified voters of the area of the proposed political subdivision and the owners of at least fifty (50%) percent of the land in the proposed political subdivision may petition the governing body to make available to the area the water, sanitary sewer services, or both that would be provided by the political subdivision.

3.

If, within 120 days after the date the governing body receives the petition, the governing body fails to make a contract with a majority of the qualified voters of the area of the proposed political subdivision and the owners of at least fifty (50%) percent of the land in the proposed political subdivision to provide the services, that failure constitutes the governing body's consent to the creation of the proposed political subdivision.

4.

City Council consent to the creation of the political subdivision is only an authorization to initiate proceedings to create the political subdivision as provided by law.

5.

If the City Council fails or refuses to give its consent to the creation of the political subdivision or fails or refuses to execute a contract providing for the water or sanitary sewer services requested within the time limits prescribed by this section, the applicant may petition the TCEQ for the creation of the political subdivision or the inclusion of the land in a political subdivision.

B.

TCEQ and Guadalupe County Approvals Required.

For water and sanitary sewer systems provided by a non-City political subdivision, as described above, the following requirements shall apply:

1.

At time of preliminary platting the applicant shall provide the City with a letter of approval from the TCEQ certifying that the water or sanitary sewer system serving the development is in compliance with the rules and regulations of the TCEQ and that the public water or sanitary sewer system provider holds a current valid Certificate of Convenience and Necessity (CCN) for the area proposed for development. The letter of approval from the TCEQ shall be accompanied by a map delineating the boundaries of the CCN in the vicinity of the development.

2.

For a development in the ETJ where the water system will not be integrated into the City water system, the developer must:

3.

Submit with the Preliminary Plat application a current letter from the TCEQ certifying that the public water system that will serve the subdivision is in compliance with TCEQ rules and regulations.

4.

Submit Construction Plans and specifications for the subdivision's water system for City approval demonstrating that the water system will be built to the standards of this UDC and the Cibolo Design and Construction Manual to serve the subdivision.

5.

If a water system cannot meet the standards of this section, the City Council, at its discretion, may approve the plat if arrangements, such as a developer's agreement, are made to provide an approved water system that meet City standards to serve the subdivision upon annexation by the City. This shall be arranged by means of a mutually acceptable contract with the City, unless a contract with another entity ensures compliance with the technical requirements of this chapter, as determined by the City Attorney.

6.

For developments in the ETJ, the developer shall obtain approval and signature of the appropriate Guadalupe County health official on the water or sewer system statement as shown on the Development plat prior to Planning and Engineering Director approval or in the case of a Preliminary/Final Development Plat the Planning and Zoning Commission approval. The water system statement as shown on the plat shall indicate that the development will be served by a water system meeting City standard, as stated herein, and the applicable standards of the water or sewer purveyor.

7.

Plans and specifications for all water systems to serve the development shall be submitted as part of the subdivision construction plans submitted to the City for review and approval.

A.

Identification of Existing/Proposed Fill during Platting

Fill is frequently a factor in the construction of public improvements and foundation construction. Fill may be placed on a site at various times. As a requirement of the platting process, construction plans shall be submitted that clearly indicate which lots will be filled and which lots have existing fill. The type(s) of existing fill and proposed fill shall be identified on all Preliminary and Final Plats. Construction plans shall propose and develop a strategy for dealing with fills early in the construction process.

B.

Geotechnical Report Required for All Lots and Development

Fill may exist between borings or be undetected during the geotechnical investigation. The investigation is more accurate if borings are more closely spaced. Consequently, a Geotechnical Report prepared by a Professional Engineer licensed by the State of Texas and qualified to practice geotechnical engineering, shall be required for every building lot, including single-family residential. For residential development, foundations shall be designed in accordance with Recommended Practice for the Design of Residential Foundations, Version 1, as may be amended, by the Texas Section American Society of Civil Engineers, and in accordance with the City Building Code, as may be amended.

C.

Requirements for Fill Type

Fill is generally can be divided into three types: engineered fill, forming fill, and uncontrolled fill. These three types, and requirement of the City for each, is described below.

1.

Engineered Fill.

Engineered fill is designed by an engineer to act as a structural element of a constructed work and is placed under engineering inspection, with density testing. Engineered fill may be embankment fill, composed of the material randomly found on the site, or imported to no specification, other than that it be free of debris and trash or may be select fill. Embankment fill can be used many situations if it is properly placed and compacted. The term "select" simply means that the material meets some specification as to gradation and P.I., and possibly some other material specifications.

If engineered fill is proposed, a fill report shall be submitted for City Engineer approval addressing, at minimum, the following:

a)

Fill Composition Report and Fill Design Specifications;

b)

Proposed Density Inspection and Testing Schedule;

c)

Fill Compaction Detail showing lift depths and proposed densities;

d)

Gradation requirements;

e)

Under slab details, if applicable;

f)

List requirements for fill placement, geometry, material, compaction and quality control.

2.

Forming Fill.

Forming fill is that which is typically used under residential foundation slabs and is variously known as sandy loam, river loam or fill dirt. Forming fill is normally not expected to be heavily compacted, and a designer should not rely on this material for support. The only requirements are that this material be non-expansive, clean, and that it works easily and stands when cut. If forming fill happened to be properly compacted and inspected in accordance with an engineering specification it could be engineered fill.

3.

Uncontrolled Fill.

Uncontrolled fill is fill that has been determined to be unsuitable (or has not been proven suitable) to support a slab-on-ground foundation. Any fill that has not been approved by a qualified geotechnical engineer in writing shall be considered uncontrolled fill. Uncontrolled fill may contain undesirable materials and/or has not been placed under compaction control. Some problems resulting from uncontrolled fill include gradual settlement, collapse, attraction of wood ants and termites, corrosion of metallic plumbing pipes, and in some rare cases, site contamination with toxic or hazardous wastes.

D.

Building on Non-Engineered Fill (Forming or Uncontrolled)

Foundations shall not be supported by non-engineered fill. To establish soil supported foundations on non-engineered fill, the typical grid beam stiffened slab foundation is required to penetrate the non-engineered fill with the perimeter and interior beam bottoms forming footings. Penetration will take the load supporting elements of the foundation below the unreliable fill. Penetration could be accomplished by deepened beams, spread footings or piers depending on the depth and the economics of the situation. Generally, piers are most cost effective once the fill to be penetrated exceeds about three feet, but this depends on the foundation engineer's judgment and local practice. Floor systems shall be designed to span between structurally supported foundation elements.

Pre-existing fill may be classified as engineered fill after investigation by the geotechnical engineer. The approval may depend on the fill thickness, existence of trash and debris, the age of the fill, and the results of testing and proof rolling. The geotechnical engineer must be able to expressly state after investigation that the fill can support a residential slab-on-ground foundation.