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Edinburg City Zoning Code

ARTICLE 6

Environmental Management

Sec. 6.101, Findings of Facts, Statutory Authorization, Establishment, and Liability

  • A.
    Findings of Fact.
    1. 1.
      The flood hazard areas of City of Edinburg are subject to periodic inundation, which results in loss of life and prope1iy, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety, and general welfare. 
    2. 2.
      These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed, or otherwise protected from flood damage.
  • B.
    Statutory Authorization. The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses.
  • C.
    Establishment of Flood Control and Flood Damage Protection Standards.
    1. 1.
      This Division establishes standards that mitigate the adverse impacts of development in and near floodplains, floodways, wetlands, riparian buffers, and drainage ways, in order to minimize flood losses and to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP).
    2. 2.
      The degree of flood protection required by this Division 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. This Code does 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.
  • D.
    Statement of Liability. This Division shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this Code or any administrative decision lawfully made hereunder.

    • Effective on: 8/9/2022

    Sec. 6.102, Purposes and Application

  • A.
    Purpose. It is the purpose of this Division to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 
    1. 1.
      Protect human life and health;
    2. 2.
      Minimize expenditure of public money for costly flood control projects;
    3. 3.
      Minimize the need for rescue and relief effo1is associated with flooding and generally undertaken at the expense of the general public;
    4. 4.
      Minimize prolonged business interruptions;
    5. 5.
      Minimize damage to public facilities and utilities such as water and gas mams, electric, telephone, and sewer lines, streets and bridges located in floodplains; 
    6. 6.
      Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and 
    7. 7.
      Ensure that potential buyers are notified that property is in a flood area.
  • B.
    Applicability. 
    1. 1.
      Flood Hazard Area Map adopted. The most current flood insurance rate maps and flood boundary-floodway maps (FIRM and FBFM), as may be amended or replaced from time to time are adopted by reference and declared to be a part of this Division.
    2. 2.
      Permit required. Within a special flood hazard area, no building or structure shall be located, constructed, reconstructed, or altered, nor shall the use of a building or structure be changed, unless a permit is issued upon a finding that all of the requirements of this Division are met. 
    3. 3.
      Flood Damage Repair. Flood damage repair is restricted by Section 7.102.E, Nonconforming Buildings or Uses in the Floodplain.
  • C.
    Prevention of Nuisances. This Division prohibits the use of land in a manner that is a nuisance to adjacent property owners and/or the public at large by establishing standards for noise, vibration, emissions, odorous materials, toxics, hazardous materials, dust and debris, and lighting.
  • D.
    Additional Approvals. Any approval shall be conditioned on receiving all required permits from the Texas Commission on Environmental Quality and the U.S. Army Corps of Engineers. Where watershed management plans exist, all approved development shall be consistent with such plans. Structures slated for acquisition under future flood hazard management projects shall not be repaired or replace.

    • Effective on: 8/9/2022

    Sec. 6.103, Methods of Reducing Flood Losses

    In order to accomplish its purposes, this section uses the following methods:

    1. A.
      Restrict or Prohibit Uses. Restrict or prohibit uses that are dangerous to health, safety, or property in times of flood, or cause excessive increases in flood heights or velocities; 
    2. B.
      Protection. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 
    3. C.
      Control Alteration. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters; 
    4. D.
      Control Excavation. Control filling, grading, dredging, and other development which may increase flood damage; 
    5. E.
      Prevent or Regulate Flood Barrier. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

    Effective on: 8/9/2022

    Sec. 6.104, Basis for Establishing Areas of Special Flood Hazard

    The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for City of Edinburg," dated May 17, 2001, with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this Division.

    Effective on: 8/9/2022

    Sec. 6.105, Establishment of Floodplain Development Permit

    A Floodplain Development Permit, in accordance with Section 9.305, Floodplain Development, is required to ensure conformance with this Division.

    Effective on: 8/9/2022

    Sec. 6.106, General Standards

    All new construction and substantial improvements within special flood hazard areas shall meet the following standards:

    1. A.
      Location. 
      1. 1.
        New Development. In general, new development shall be located a minimum of six inches above base flood elevation.
      2. 2.
        Substantial Improvements, Redevelopment, and Infill Development. Substantial improvements, redevelopment, and development of infill lots shall be located as provided in this Division.
    2. B.
      Control of Flood Elevation. Buildings and structures shall be constructed and placed on the building site so as to cause an increase of less than one one-hundredth foot in flood height off-site and offer minimum obstruction to the flow of flood waters.
    3. C.
      Fill Restrictions. 
      1. 1.
        Highest Natural Grade. In order to minimize fill within the floodplain, all new construction and substantial improvements are situated, if practicable, at the location of the highest natural grade within the special flood hazard area. In no event shall new construction or substantial improvements be located on land with a natural grade that is more than 18 inches lower than the base flood elevation.
      2. 2.
        Mitigation of Effect on Water Storage and Quality. No fill shall be placed within a special flood hazard area unless the effect of the fill on water storage and water quality is fully mitigated in one or more of the following ways: 
        1. a.
          Excavation of a volume of soil comparable to the volume that was filled to bring the surface of the land to the base flood elevation. However, excavation is prohibited at depths that would:
          1. i.
            increase the velocity of stormwater flows;
          2. ii.
            cause significant new erosion; or
          3. iii.
            expose the water table to contamination by pollutants which may be present in stormwater runoff;
        2. b.
          A stormwater management system is installed or improved in a location and manner that compensates for the removal of the filled area from the floodplain; or
        3. c.
          If the compensatory storage is provided in the floodplain, the combination of filling, compensatory storage, and detention is intended to lower the flood elevation by increasing channel capacity (see Subsection 6.107.H., Detention in Floodplains).
    4. D.
      Impervious Surfaces. The total impervious surface ratio of the site is less than 60 percent.
    5. E.
      Anchoring. New construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.  Buildings and structures shall be certified by a licensed engineer to withstand velocities and likely debris loadings given their position in the floodplain.
    6. F.
      Methods and Practices. New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
    7. G.
      Materials. New construction or substantial improvements shall be constructed with materials that are resistant to flood damage.
    8. H.
      Utility Equipment and Service Facilities. New construction or substantial improvements are constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are located at least six inches above base flood elevation, and designed so as to prevent water from entering or accumulating within the components during conditions of flooding.
    9. I.
      Water Supply Systems. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
    10. J.
      Sanitary Sewers. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters;
    11. K.
      On-Site Waste Disposal.  On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

    Effective on: 8/9/2022

    Sec. 6.107, Specific Standards

  • A.
    Residential Buildings. In addition to the standards set out in Sec. 6.106, General Standards, residential buildings (except mobile homes and manufactured homes) shall be elevated so that the lowest finished floor (including basement) is at least six inches above the base flood elevation. Access to residential buildings shall be provided by roads that are no lower than six inches above the base flood elevation.
  • B.
    Manufactured Homes.  In addition to the standards set out in Sec. 6.106, General Standards, manufactured homes that are located within Flood Zones A1-30, AH, and AE shall be elevated and secured as follows:
    1. 1.
      The lowest floor is at least six inches above the base flood elevation.
    2. 2.
      The manufactured home is supported by reinforced piers or other foundation elements of at least equivalent strength such that at least one foot of crawl space is provided under the manufactured home.
    3. 3.
      The manufactured home is anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
    4. 4.
      Access to manufactured homes shall be provided by roads that are no lower than one foot below the base flood elevation.
  • C.
    Recreational Vehicles. Recreational vehicles that are placed on sites within Flood Zones A1-30, AH, and AE shall either be:
    1. 1.
      Not used for residential purposes, in that they are: 
      1. a.
        on the site for fewer than 180 consecutive days; and
      2. b.
        fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions)
    2. 2.
      Elevated and secured as if they were a manufactured home. 
  • D.
    Nonresidential Buildings. In addition to the standards set out in Sec. 6.106, General Standards, all non-residential buildings shall be constructed so that either:
    1. 1.
      The lowest floor is at least  six inches above the base flood elevation; or
      1. a.

        The buildings, together with attendant utility and sanitary facilities, are designed to be watertight below base flood elevation, with walls that are substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 

    2. 2.
      Access to nonresidential buildings shall be provided by roads that are no lower than one foot below the base flood elevation. 
  • E.
    Other Enclosures. In addition to the standards set out in Sec. 6.106, General Standards, all enclosed areas that are used solely for parking, storage, and/or building access, and are also located below base flood elevation, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing floodwaters to enter and exit, as follows:
    1. 1.
      At least two openings shall be provided.
    2. 2.
      The total net area of each opening shall be not less than one square inch for every square foot of enclosed area subject to flooding.
    3. 3.
      The bottom of each opening shall be at or below base flood elevation, and not more than one foot above the adjacent grade.
    4. 4.
      Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
  • F.
    Accessory Structures. Accessory structures constructed or substantially improved within a special flood hazard area shall meet all of the following standards:
    1. 1.
      The standards of Sec. 6.106, General Standards, are satisfied, with the exception of G and H. No sanitary sewage or waste
    2. 2.
      The accessory structure is otherwise permissible, and there is no practical alternative location for the accessory structure that is not located within the special flood hazard area, or at a higher elevation within the special flood hazard area.
    3. 3.
      The structure is of low value and represents a minimal investment. 
    4. 4.
      The floor area of the structure is not more than 600 square feet.
    5. 5.
      The interior of the structure is unfinished.
    6. 6.

      The structure is used only for parking and limited storage.

    7. 7.
      The structure is not designed or used for human habitation (including work, sleeping, living, cooking, or restroom areas).
    8. 8.
      The structure is constructed and located so as:
      1. a.
        it offers the minimum resistance to the flow of flood waters; and
      2. b.
        if it fails in the event of a flood, it will not cause damage to adjacent or nearby structures.
  • G.
    Non-Habitable Structures. Non-habitable open structures, shelters, or pole type structures (open on all sides with no walls), open fences, and outdoor recreation are permitted at elevations below base flood elevation.
  • H.
    Detention in Floodplains.
    1. 1.
      General. There are numerous floodplains in the Edinburg planning area with very shallow, wide floodplains and/or artificial stream channels. The preferred method of stormwater management is to retain the area of floodplain as open space, but to dechannelize the stream so that the stream is given a more natural stream channel and floodplain. The net effect of this should be to greatly increase the storage capacity of the floodplain. This is the preferred method of stormwater detention wherever possible. The net effect of this is intended to lower the flood elevation after accounting for all additional runoff as a result of the development (see Figure 6.107-1, Detention in Floodplains).
    2. 2.
      Design. Where compensation to offset fill is required pursuant to Section 6.103.A.3, Placement of Fill Restricted, the design priority is to dechannelize existing ditches and drainageways as shown in Figure 6.107-1, Detention in Floodplains, unless such features do not exist on the site.

    •  Figure 6.107-1

    Detention in Floodplains

     

     Figure 6.107-1

    Detention in Floodplains

     

     Figure 6.107-1

    Detention in Floodplains

     

     Figure 6.107-1

    Detention in Floodplains

     
    1. I.
      Parking in Floodplains.
      1. 9.
        Surface Parking. Surface parking in the floodplain is permitted if it is demonstrated that the parking surfaces are located at elevations not lower than six inches below base flood elevation.
      2. 10.
        Recreational Area Surface Parking. Notwithstanding Paragraph 1, Surface Parking, above, surface parking for recreational areas is permitted in the floodplain if it is demonstrated that:
        1. a.
          The elevation of the parking surfaces is not lower than three feet below base flood elevation; 
        2. b.

          Access to the recreational area is closed during periods of flooding; and

        3. c.
          Access to the recreational area is closed on a nightly basis.  
    2. J.
      Wetlands. 
      1. 1.
        Development of Wetlands Restricted. Few uses are permitted in wetlands. . Where permitted uses or structures are to be built in a wetland, the structure shall be located on piles. Where needed, access shall be provided on structures such as boardwalks.
      2. 2.
        Wetland Mitigation. Cases may exist where protection and preservation of wetlands is not a reasonable alternative and mitigation is an acceptable solution. The following are the situations where mitigation is permitted and the standards that apply:
        1. a.
          Mitigation Areas. Areas where mitigation may be approved include the following:
          1. i.
            Farm ponds of less than three acres.
          2. ii.
            Wetlands of less than one-half acre in residential areas where they cannot be linked into the development's drainage pattern.
          3. iii.
            Isolated small wetlands in non-residential zoning districts.
          4. iv.
            Any wetland in the Residential Multifamily and Urban (RM) district.
          5. v.
            Where the wetland is a low-quality wetland that is to be modified to be part of the development's stormwater system.
          6. vi.
            Even if a wetland meets the criteria in i - v above, mitigation of a high-quality wetland shall only be permitted if it is determined that the wetland cannot survive as a high-quality area with proper buffering and water augmentation.
        2. b.
          U.S. Army Corps of Engineers. In all cases that impact wetlands under the jurisdiction of the U.S. Army Corps of Engineers (USACE), mitigation shall require a USACE permit. However, obtaining a USACE permit does not supersede the standards of this Code if this Code does not permit mitigation.
        3. c.
          Integration to Drainage Systems. The disturbance of a low-quality wetland for integration into the development's stormwater system comprised of wetlands and positive surface drainage is encouraged and has priority over mitigation at other locations on or off site.
        4. d.
          Mitigation Standards. In mitigation, any new constructed wetland or reconfiguration of an existing wetland shall require the wetland to be free of invasive wetland species and to have a mix of plant types that would qualify it as a high-quality wetland.
        5. e.
          On-Site Mitigation. If mitigation can be done on site, then it shall be done on site and the wetlands integrated into the development's stormwater system or used as buffers or open space.
        6. f.
          Off-Site Mitigation. Off-site mitigation shall only be permitted where the on-site wetland would be too small to function as a viable wetland or where the site is so constrained that preserving the wetland is not desirable. A USACE approved mitigation bank shall be used for all off-site mitigation.
    3. K.
      Riparian Buffers. Riparian buffers of at least 50 feet in width are required around all naturally occurring waterbodies and wetlands. Such buffers shall meet the following standards:
      1. 1.
        Planting. The buffer shall be planted in a mix of indigenous prairie plants and trees to enhance the buffer's absorption and filtering potential. A list of acceptable species is listed in the City's Technical Tree Manual.
      2. 2.
        Septic Systems. No septic systems shall be allowed within the buffer.
      3. 3.
        Drainage. Drainage shall not discharge directly to the water body through the buffer. All developments shall maximize the drainage amount conducted in natural swales by sheet flow. The water from multiple lots shall be taken to a wet or dry detention basin planted as a wetland before releasing water to the water body.

    Effective on: 8/9/2022

    Sec. 6.108, Standards for Subdivision Proposals

    All subdivision proposals shall be consistent with the need to minimize flood damage.

    1. A.
      All subdivision proposals shall have public utility facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage;
    2. B.
      All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
    3. C.
      Base flood elevation data shall be provided for subdivision proposals and other proposed development which are shown within the floodplain on the floodplain maps of the City or are, in the opinion of the Unified Development Code, close enough to warrant a survey.
    4. D.
      No lots shall be permitted in the floodplain.
    5. E.
      Access to buildings shall be provided by roads that are no lower than one foot below the base flood elevation.
    6. F.
      All subdivision proposals shall convey stormwater runoff to the nearest publicly maintained drainage system and provide the necessary engineering studies and/or hydraulic/hydrologic modeling to demonstrate adequacy of the receiving stream.

    Effective on: 8/9/2022

    Sec. 6.109, Standards for Areas in the AO Zone, AH Zone, or Floodway

  • A.
    Standards for New Construction and Substantial Improvements in Areas of Shallow Flooding. In addition to the standards of Sec. 6.107, Specific Standards, new construction and substantial improvements within special flood hazard areas that are designated as areas of shallow flooding may be approved if the following are demonstrated: 
    1. 1.
      Drainage Paths. Within Flood Zones AH or AO, adequate drainage paths shall be constructed around structures that are located on slopes, in order to guide flood waters around and away from the structures.
    2. 2.
      Nonresidential. All non-residential buildings shall be constructed so that either:
      1. a.
        The lowest floor (including basement) is elevated above the highest adjacent grade at least as high as the depth number specified (in feet) on the FIRM (if no depth number is specified, then the elevation must be no less than two feet); or
      2. b.
        The buildings, together with attendant utility and sanitary facilities, are designed and certified by a registered professional engineer or architect to be watertight below base flood elevation, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 
    3. 3.
      Residential. Residential buildings (including mobile homes and manufactured homes) shall be elevated so that the lowest floor (including basement) is elevated above the highest adjacent grade at least as high as the depth number specified (in feet) on the FIRM. If no depth number is specified, then the elevation must be no less than two feet.
  • B.
    Floodways. No structures shall be permitted in the floodway except according to this Section.
    1. 1.
      Permitted Uses. No use or structure other than the following is permitted in the floodway:
      1. a.
        Piers that are necessary to support bridges;
      2. b.
        Erosion control structures;
      3. c.
        Stormwater management facilities, detention or retention areas;
      4. d.
        Environmental mitigation projects;
      5. e.
        Dams for flood control or water supply;
      6. f.
        Utility crossings; or
      7. g.
        Water-dependent uses.
    2. 2.
      Standards. No use or structure shall be permitted within the floodway unless compliance with all of the following standards is demonstrated:
      1. a.
        It is not practical to avoid locating the particular use or structure within the floodway.
      2. b.
        All structures are anchored to prevent flotation, collapse, or lateral movement.
      3. c.
        For water-dependent uses and their essential structures, the location is the best available from an environmental standpoint and approval is granted by all agencies having jurisdiction.
      4. d.
        All horizontal structural members or anything hung or supported on the structure shall have at least a two-foot clearance above the base flood elevation, in order to prevent flow blockage from debris.

    • Effective on: 8/9/2022

    Sec. 6.201, Water Quality

  • A.
    General. Applicants shall provide drainage on-site and along streets that are perimeter to the site, on the side abutting the site.
  • B.
    Standards. Stormwater system designs shall be in conformance with Texas Council on Environmental Quality stormwater permitting requirements, and all applicable Federal requirements, which may include a National Pollutant Discharge Elimination System (NPDES) Permit.
  • C.
    Stormwater Pollution Prevention Plan. Permit requirements for a "stormwater pollution prevention plan" shall meet technical requirements established and maintained by the City Engineer in the Drainage Policy of the Engineering Standards Manual, latest edition.
  • D.
    Preferred Design.
    1. 1.
      The drainage system should be designed to minimize adverse water quality impacts downstream and on the property itself.
    2. 2.
      Detention basins, where used, shall incorporate design features to capture stormwater runoff pollutants. In particular, designers shall give preference to wet bottom and wetland designs, and all flows from the development shall be routed through the basin (low flows shall not be bypassed).
    3. 3.
      Retention and infiltration of stormwater shall be promoted throughout the property's drainage system to reduce the volume of stormwater runoff and to reduce the quantity of runoff pollutants. 
  • E.
    Multiple-Use of On-Site Natural Features. The drainage system shall seek to incorporate surface drainage in the required open spaces. The design shall be sensitive to community aesthetics, aquatic habitat, recreation (trails, playing fields), wetlands, and water quality mitigation. The applicant should avoid using portions of the property exclusively for stormwater management.

    • Effective on: 8/9/2022

    Sec. 6.202, Surface Drainage and Detention

  • A.
    General. Applicants shall provide drainage on-site and along perimeter streets on the side abutting the site in accordance with the City's Engineering Standards Manual, as may be amended.
  • B.
    Swales. The typical storm drainage is a V-shaped or trapezoidal-shaped swale with grass sides. Such swales shall have no greater than a three to one slope, and shall not be located within the boundaries of single-family lots.
  • C.
    Natural Drainage. Notwithstanding Subsection B, Swales, above, wherever possible in water supply watersheds, the more natural drainage configurations that follow shall be used: 
    1. 1.
      Natural swales shall be maintained wherever possible, even when the stream would be on an otherwise buildable portion of a lot.
    2. 2.

      On gentle upland slopes, wide, steep-sided, grassed ditches filter water before entering a water course. These ditches can be made into a landscape feature and also provide additional storm detention in relatively flat topography.

    3. 3.
      In areas having existing drainage ditches, the ditches should be reconfigured from the steep, deep ditch to a wider, more natural stream channel having far greater storage and flow capacity. The dechannelization should increase storage capacity and lower flood elevations. The earth removed should be placed outside the floodplain line that existed prior to the dechannelization. See Figure 6.107-1, Detention in Floodplains.
    4. 4.
      The minimum grade of ditches shall be one foot of fall per 100 feet of run. 

    • Effective on: 8/9/2022

    Sec. 6.203, Stormwater Management

  • A.
    General. In addition to the provision of drainage that is intended to move stormwater safely through the City and avoid flooding damage or safety risks, there is a need to clean stormwater to maintain the health of the streams in the community by reducing or eliminating pollutants before they reach the permanent streams. Three strategies - avoidance, minimization, and mitigation - can be applied as part of a stormwater treatment train. For the most part, avoidance strategies are built into the Code, as are a number of minimization strategies. The Code is based on making maximum use of avoidance and, then, minimization. Without proper stormwater management, all development will increase stormwater runoff volume and pollutant loading and reduce recharge; thus, all developments will have to provide some mitigation.
  • B.
    Standards. The following stormwater pollution prevention standards shall be met:
    1. 1.
      Disturbed Area Greater than Five Acres. Disturbed areas greater than five acres shall be subject to a Phase I permit. A notice of intent (NOI) shall be submitted at least seven days before construction begins. A stormwater pollution prevention plan (SWP3) must be completed before the notice of intent. A complete TPDES Permit No. TXR 150000 will also be required under the guidelines. When the construction area reaches final stabilization, the operator will need to submit a notice of termination (NOT).
    2. 2.
      Disturbed Area Between One and Five Acres. Disturbed areas between one and five acres shall be subject to a Phase II permit unless waived by TCEQ.
    3. 3.
      Posting. Stormwater permits shall be posted at the construction site.
  • C.
    Avoidance. 
    1. 1.
       Residential developments shall be required to make contributions to community stormwater facilities, in addition to meeting the requirements of this Article.
  • D.
    Minimization. The following are techniques that can be used to minimize the impact of impervious surfaces by reducing connected impervious surfaces to a minimum, thereby reducing the area and cost of mitigation techniques.
    1. 1.
      Water Gardens. Convey drainage from rooftops or drives to water gardens. The water garden shall be landscaped with natural vegetation that includes unmowed groundcovers and woody plants that can tolerate periodic inundation. When conveying the roof runoff to open spaces with natural vegetation, care must be taken to assure sheet flow, not channelized flow, to prevent erosion.
    2. 2.
      Rain Barrels or Cisterns. Rain barrels or cisterns can be designed into the buildings or yards so that roof runoff is directed to these storage facilities and used for beneficial purposes such as lawn watering, vehicle washing, or other nonpotable purposes. A variety of commercial products are available for this purpose. Their installation must be partly assured by the subdivider's surety.
    3. 3.
      Pervious Pavements. Driveway, parking areas, or sidewalks may be constructed from pervious concrete to provide infiltration of runoff. Pervious concrete or asphalt is recommended for minor roads or heavily used parking areas. Concrete or other containment structures that hold gravel or turf are recommended for driveways or low use parking areas.
    4. 4.
      Vegetated Swales. These shall be used unless the subdivider can show they are impractical or that the slopes would result in erosion.
    5. 5.
      Swale Blocks. The swale block is installed at intervals along a vegetated swale to allow the water to build up into a series of pools, slowing water flow and allowing the vegetation to assist in cleaning the water and settling out solids. The blocks shall be slotted to allow them to drain down and have a notch to permit maximum flows during the 50-year storm without overflowing the swale. Their use slows flows and decreases pollutant loading and the detention facilities shall be sized to account for the reduction in flows.
    6. 6.
      Curb and Gutter. Curb and gutter systems and their associated storm sewer system are undesirable because they greatly increase peak discharge rate and prevent infiltration or treatment of stormwater. Curb and gutter systems shall be used only where needed to contain parking, when swales cannot safely convey the volume and peak discharge rate of stormwater without erosion, or where curbs are needed to contain parking on streets. When roads transverse open space areas, curbs shall be removed. Streets can be narrowed and parking provided in bays, allowing parking to be prohibited. This eliminates the need for curbs.
    7. 7.
      Curbs without Storm Sewers. Where curbs are required for parking containment, they should be designed with slots or discharge sections to convey the stormwater to swales.
    8. 8.
      Green Roofs. The use of green roofs, roofs that have been planted in vegetation, shall be strongly encouraged for buildings with roof areas in excess of 40,000 square feet. These provide both stormwater storage and cleaning of the water.
  • E.
    Mitigation. Mitigation is required prior to discharging stormwater into perennial streams or streams with a defined water course or channel, except where community stormwater management facilities intended to serve the area of the development exist downstream. The extent to which the mitigation facilities are needed is dependent on the degree to which the avoidance and minimization techniques are used. In addition to calculating the reduced size of the detention facilities, the extent of the cleaning capacity shall be calculated. A ten percent penalty in increased size shall be required when avoidance techniques are not used in residential development and a similar penalty for any development not using minimization techniques. The following are best management techniques:
    1. 1.
      Retention with Vegetative Uptake. The preferred stormwater best management practice is initial retention and infiltration of runoff in depressed landscape or natural areas. This can also be accomplished within planted median areas of parking lots or roads or in specifically designed landscape areas. These areas should be shallow and vegetated with natural vegetation that can tolerate temporary ponding of water. All such facilities shall be designed to hold a three-inch storm. These, in conjunction with vegetative swales, if properly designed, may eliminate or sharply reduce the need for a settlement basin.
    2. 2.
      Wet Basin. Wet basins are most effective in cleaning stormwater. The basin shall be at least a two-part basin, with an initial pool for settlement of solids that has a cleanout access point. The second part is the detention basin where water is detained long enough for additional treatment. All wet basins shall be designed with wetland buffers on the safety ledges, at the area that separates the settlement pool from the main basin, outlet, and inlet. The water retained in the basin between flow events is actively cleaned so that when stormwater comes in, the cleaner water is pushed out. Where feasible, these basins shall be used.
    3. 3.
      Wetland Basin. These are similar to the wet basin in design, except that they are entirely planted in wetland vegetation that tolerates periods of dryness when the basin will be without water for an extended period of time. The design of the settlement basin needs to provide several compartments and a widening swale entrance that spreads the water out and prevents washing out solids with the inflow rates. The basin should be increased in size to provide for wetland treatment of the waters for the maximum period of time. Several treatment cells are recommended.
    4. 4.
      Dry Basin. These basins are designed to drain out within 24 hours, and water quality treatment is negligible. They may require use in conjunction with avoidance techniques that address the majority of the water quality treatment or a combination of minimization and mitigation techniques.

    • Effective on: 8/9/2022

    Sec. 6.204, Detention

    See Edinburg's Engineering Standards Manual. 

    Effective on: 8/9/2022

    Sec. 6.301, Purpose

    This Division contains the standards for noise, vibration, emissions, odor, toxics, hazardous materials, dust and debris, and lighting. It shall be applied only to land uses operating within the City. Railroad trains and aircraft are exempt from the provisions of this Division. All uses shall comply with the following standards for maximum noise, vibration, emissions, odor, toxics, hazardous materials, dust and debris, and lighting, and shall be certified by a licensed engineer with expertise in the appropriate area.

    Effective on: 8/9/2022

    Sec. 6.302, Noise

  • A.
    Maximum Noise Level. No use shall exceed the noise level indicated in Table 6.302-1, Maximum Noise Levels, measured at any property line.

    •    Table 6.302-1

    Maximum Noise Levels

    Adjoining Use or DistrictMax dBA from 9am-11pmMax dBA from 11pm to 9am
    Residential Use or District permitting residential5534
    Commercial or Mixed Use6555
    Industrial7565

       Table 6.302-1

    Maximum Noise Levels

    Adjoining Use or DistrictMax dBA from 9am-11pmMax dBA from 11pm to 9am
    Residential Use or District permitting residential5534
    Commercial or Mixed Use6555
    Industrial7565

       Table 6.302-1

    Maximum Noise Levels

    Adjoining Use or DistrictMax dBA from 9am-11pmMax dBA from 11pm to 9am
    Residential Use or District permitting residential5534
    Commercial or Mixed Use6555
    Industrial7565

       Table 6.302-1

    Maximum Noise Levels

    Adjoining Use or DistrictMax dBA from 9am-11pmMax dBA from 11pm to 9am
    Residential Use or District permitting residential5534
    Commercial or Mixed Use6555
    Industrial7565
    1. B.
      Most Restrictive Standards Apply. No use shall exceed the noise level indicated in Table 6.302-1, Maximum Noise Levels, measured at any property line.
    2. C.
      Barriers and Structures. Where barriers or structures are used to meet noise reduction, they shall be certified by a registered acoustical engineer as meeting these standards pursuant to the Federal Highway Administration's Highway Traffic Noise Prediction Model (FHWA-RD-77-108, as amended). The actual elevation of noise sources on the property shall be used in the model.
    3. D.
      Exceptions. The following are excepted from the standards of this Section:
      1. 1.
        Noises emanating from construction activities between the hours of 7:00 a.m. and 7:00 p.m. that are temporary in nature.
      2. 2.

        Transient noises from moving vehicles, such as trucks and automobiles or trains.

      3. 3.
        Extraction activities may be granted limited exceptions to noise standards during the Limited or Special Use approval process, as described in Sec. 9.401, Special Use Permit, and those conditions shall be controlling. 

    Effective on: 8/9/2022

    Sec. 6.303, Vibration

  • A.
    General. The maximum vibration standard shall be maximum peak particle velocity. This standard is measured as the maximum displacement vector sums of three mutually perpendicular directions, recorded simultaneously, multiplied by the frequency in cycles per second. Where these standards are not met five feet beyond the building walls or the generator, if it is located outside, then barriers, structures, or dampening measures shall be used to ensure that all uses meet these standards at the property line.
  • B.
    Standards. The standards of Table 6.303-1, Vibration Standards, shall be met, except as provided in C below.

    •      Table 6.303-1

    Vibration Standards1

     Frequency in Cycles per secondAdjoining Zoning   Impact Vibration2 
    AO,  RS, RP
    MH, RM, UU    		CN, DT, CGIL, IG
    Less than 100.00040.0020.00390.0098
    10-190.00020.00110.00220.0055
    20-290.00010.00060.00110.0028
    30-390.00010.00040.00070.0018
    40-490.00010.00030.00050.0013
    50 or more0.00010.00020.00020.0010

    TABLE NOTES: 

    1Vibrations that do not exceed 60 per minute may be twice this value.

    2Vibrations occurring no more than eight times in a 24-hour period with a minimum separation of one minute.

         Table 6.303-1

    Vibration Standards1

     Frequency in Cycles per secondAdjoining Zoning   Impact Vibration2 
    AO,  RS, RP
    MH, RM, UU    		CN, DT, CGIL, IG
    Less than 100.00040.0020.00390.0098
    10-190.00020.00110.00220.0055
    20-290.00010.00060.00110.0028
    30-390.00010.00040.00070.0018
    40-490.00010.00030.00050.0013
    50 or more0.00010.00020.00020.0010

    TABLE NOTES: 

    1Vibrations that do not exceed 60 per minute may be twice this value.

    2Vibrations occurring no more than eight times in a 24-hour period with a minimum separation of one minute.

         Table 6.303-1

    Vibration Standards1

     Frequency in Cycles per secondAdjoining Zoning   Impact Vibration2 
    AO,  RS, RP
    MH, RM, UU    		CN, DT, CGIL, IG
    Less than 100.00040.0020.00390.0098
    10-190.00020.00110.00220.0055
    20-290.00010.00060.00110.0028
    30-390.00010.00040.00070.0018
    40-490.00010.00030.00050.0013
    50 or more0.00010.00020.00020.0010

    TABLE NOTES: 

    1Vibrations that do not exceed 60 per minute may be twice this value.

    2Vibrations occurring no more than eight times in a 24-hour period with a minimum separation of one minute.

         Table 6.303-1

    Vibration Standards1

     Frequency in Cycles per secondAdjoining Zoning   Impact Vibration2 
    AO,  RS, RP
    MH, RM, UU    		CN, DT, CGIL, IG
    Less than 100.00040.0020.00390.0098
    10-190.00020.00110.00220.0055
    20-290.00010.00060.00110.0028
    30-390.00010.00040.00070.0018
    40-490.00010.00030.00050.0013
    50 or more0.00010.00020.00020.0010

    TABLE NOTES: 

    1Vibrations that do not exceed 60 per minute may be twice this value.

    2Vibrations occurring no more than eight times in a 24-hour period with a minimum separation of one minute.

    1. C.
      Exceptions. The following are excepted from these standards:
      1. 1.
        Vibrations emanating from construction activities between the hours of 7:00 a.m. and 7:00 p.m. that are temporary in nature.
      2. 2.

        Transient vibrations of moving vehicles, such as trucks and automobiles or trains.

      3. 3.
        Extraction activities may be granted limited exceptions to impact vibration standards during the Limited or Special use approval process, and those conditions shall be controlling. 
    2. D.
      Measurement. An operator trained to measure vibrations shall make all such measurements and shall submit and certify them to the City.

    Effective on: 8/9/2022

    Sec. 6.304, Emissions

  • A.
    Control of Emissions. All industrial uses shall submit verification that their proposed smoke and particulate matter emissions meet Federal and State Air Quality Standards set forth by the U.S. Environmental Protection Agency (Code of Federal Regulations, Title 40) and the State of Texas (e.g., Texas Administrative Code, Title 30, Part 1, Chapter 101 et seq.).
  • B.
    State and Federal Permits; Transfer of Pollution Rights. No regulated emission source shall be constructed or operate without a valid permit from the Texas Commission on Environmental Quality. Further, no transfer of pollution rights authorized by the state or federal governments shall be permitted that would increase emission levels within the City as a result of the transfer. Transfer of pollution rights out of the City are permitted and encouraged.

    • Effective on: 8/9/2022

    Sec. 6.305, Odorous Materials

    Objectionable odors that are noticeable at any point beyond the property line are prohibited. The test for objectionable odors shall be conducted as follows:

    1. A.
      Panel Established. A panel of five people, selected by the Administrator, shall be convened. The panel shall consist of one member of the Planning and Zoning Department staff, two people from the business community, and two residents of nearby residential areas. One member of the business community and one nearby resident shall be from the zoning district in which the use is located, but shall not include the owner of the site nor a complainant.
    2. B.
      Measurement. The panel shall visit the site and determine if the use is emitting an odor that is considered offensive to adjoining uses. The odor is considered offensive if:
      1. 1.
        A majority of the panel so determines; or
      2. 2.
        Any panel member experiences eye irritation or other allergic reaction.

    Effective on: 8/9/2022

    Sec. 6.306, Hazardous Material

  • A.
    General Standard. All uses shall comply with State and Federal Standards. Any use that is required to submit a Federal Risk Management Plan (RMP) shall submit the same to the City at the time of application for development review. The City shall review the application in light of minimizing risk to neighbors, the City, or the environment. The City may impose design conditions to maximize protection of the health and safety.
  • B.
    Radiation Hazards. No manufacture or processing of radioactive materials shall be permitted within the City. Where radioactive materials are to be used in the manufacture of other materials, they shall be a conditional use. All use and exposure standards shall meet the requirements of Title 30, Part 1, Chapter 336 of the Texas Administrative Code. Where radioactive materials are used in medical testing and imaging, industrial measurement, or quality control equipment, they may be permitted as a Limited Use. All Special or Limited uses shall meet the following:
    1. 1.
      Radioactive materials shall be stored in sealed containers or rooms.
    2. 2.
      All such areas where radioactive materials are used shall be clearly labeled.
    3. 3.
      The fire department, emergency services, and police shall be given detailed plans of the areas involved in handling any radioactive materials.
    4. 4.
      The use shall have proper permits for the use, storage, and disposal of radioactive materials.

    • Effective on: 8/9/2022

    Sec. 6.307, Dust and Debris

  • A.
    Control of dust and particulate. Dust and particulate matter shall be controlled using Best Management Practices ("BMPs") to prevent significant off-site deposition on adjoining lots or roads. The City shall determine whether the pattern of deposition is a result of the regular operation of the industrial use or vehicular traffic on the site, not a short-term landscaping or construction activity that was impacted by severe winds. Long-term construction is expected to use Best Management Practices to reduce dust. Clean up of deposited material shall be the responsibility of the generator. If the City must do the clean up because of failure of the generator to take corrective action, the City may close the use until corrective action is taken and cleanup expenses paid.
  • B.
    Construction activities.
    1. 1.
      Construction activities shall be conducted using BMPs that avoid the deposit of dust and debris on adjoining property and public streets. Clean up of deposited material shall be the responsibility of the generator. If the City must do the clean up because of failure of the generator to take corrective action, the City may shut down the construction until the dust and debris is cleared and cleanup expenses paid.
    2. 2.
      All construction debris, including but not limited to cement waste, shall be removed from the property and recycled or disposed of at a licensed facility upon completion of construction.
  • C.
    Best Management Practices. BMPs include, but are not limited to, covering stored materials, wetting or otherwise stabilizing the material, paving, sodding, sweeping or vacuuming the materials, wind breaks or silt fences, filters, or other trapping mechanisms.  Depending upon the nature of the use or construction, appropriate BMPs may be promulgated by the United States Environmental Protection Agency, the United States Soil Conservation Service, or the Texas Commission on Environmental Quality. The City may require documentation to prove that BMPs are being implemented.
  • D.
    Texas Administrative Code. Visible particulates may also be regulated by the State of Texas. (e.g., Texas Administrative Code, Title 30, Part 1, Chapter 111). In the event that State standards are inconsistent with this Section, the more stringent standard shall control.

    • Effective on: 8/9/2022

    Sec. 6.308, Lighting

    Lighting must be controlled to prevent glare and nuisance problems to adjacent land uses. See Division 4.400, Outdoor Lighting.

    Effective on: 8/9/2022