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Georgetown City Zoning Code

APPENDIX A

FEDERAL STANDARDS FOR OCCUPIED SITES

1.

The standards outlined herein are provided for informational purposes only, and shall not be imposed under any authority granted by this Code. These standards are subject to Federal enforcement and administration. Chapter 15 of the UDC does not apply.

2.

The following federal standards apply to Occupied Sites:

a.

No-Disturbance Zone (Red Zone)

i.

A no-disturbance zone is established, hereinafter referred to as the "Red Zone" in the Stream or waterway that the Spring drains directly into and shall extend 80 meters upstream and downstream from the approximate center of the Spring outlet of an Occupied Site. The Red Zone shall be bounded by the top of the Bank and shall not extend beyond any existing physical obstructions that prevent the surface movement of Georgetown salamanders, such as roadways, buildings, retaining walls, dams, and culverts.

ii.

No Regulated Activities may be conducted within the Red Zone other than:

1.

Properly permitted maintenance of existing improvements;

2.

Scientific monitoring of water quality, population counts and related activities; and

3.

Fences above the normal high water mark of a Stream if such fences comply with applicable floodplain regulations.

2.

Minimal-Disturbance Zone (Orange Zone)

a.

A minimal-disturbance zone, hereinafter referred to as the "Orange Zone," is established for the subsurface area that drains to the Spring or Springs at an Occupied Site. Except as provided below, the Orange Zone shall consist of that area within 300 meters of the approximate center of the Spring outlet of an Occupied Site, except those areas within the Red Zone. The Orange Zone shall not include pre-existing development or areas without the potential for containing Georgetown salamander habitat as determined by the Geologic Assessment based on site specific, hydro-geologic conditions, for instance, where the Edwards Aquifer is absent.

b.

No Regulated Activities may be conducted within the Orange Zone other than:

1.

Activities permitted in the Red Zone;

2.

Wastewater infrastructure installed roughly parallel to a Stream provided that such infrastructure is installed on the side of the Stream opposite the Occupied Site and is installed no closer than 25 feet from the Bank of the Stream;

3.

Subject to Stream Buffer limitations, below, parks and open space development limited to trails, benches, trash cans and pet waste facilities; provided that trails shall not be located within the ordinary high water mark of a Stream and shall be limited to trails for walking, jogging and non-motorized biking; and

4.

In addition to (i), (ii), and (iii) above, within the City limits, only Single-family, Detached (Residential Estate and Residential Low Density District) residential use, as defined in the City of Georgetown's Unified Development Code, will be allowed. No construction of said dwelling units shall be conducted within 80 meters of an Occupied Site. Within the ETJ, Title 30, Texas Administrative Code § 285 (c) (1) requires a minimum lot size of one acre per single family dwelling for properties within the Edwards Aquifer Recharge Zone if served by on-site sewage facilities. Developers are encouraged to avoid development within the Orange Zone whenever possible.

3.

Variances

a.

The Williamson County Conservation Foundation's Adaptive Management Working Group (AMWG) is authorized to hear and make recommendations regarding requests for variances from the Federal standards pertaining to Occupied Sites.

1.

The AMWG shall recommend variances to the USFW from the terms of these standards pertaining to Occupied Sites, if the variance is not contrary to the objectives of these standards. Any proposed variance to the USFWS should achieve the same level or greater level of water quality benefits and conservation objectives to the Georgetown salamander. Project proponents may always work directly with USFWS to seek a permit under Section 7 or Section 10 of the Endangered Species Act for these areas.

4.

The Geologic Assessment must identify all Occupied Sites, Red Zones and Orange Zones. Should the Geologic Assessment identify an Occupied Site, the Occupied Site and Red Zones and Orange Zones should be graphically delineated on all plats, Site Plan and infrastructure Construction Plans.

(Ord. No. 2015-14, § 3(Exh. A), 2-24-2015)