Lubbock City Zoning Code
ARTICLE 39
05 ENVIRONMENTAL MANAGEMENT
§ 39.05.002 Findings of facts.
The flood hazard areas of the City of Lubbock are subject to periodic inundation, which results in loss of life and property, 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.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.003 Purpose.
This Article promotes the public health, safety, and general welfare and minimizes damage to private property and public and private losses due to flood conditions in specific areas by provisions designed to:
a.
Protect human life and health;
b.
Minimize expenditure of public money for costly flood control projects;
c.
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
d.
Minimize prolonged business interruptions;
e.
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and wastewater lines, streets and bridges located in floodplains;
f.
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
g.
Ensure that potential buyers are notified that property is in a flood-prone area.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.004 Methods of reducing flood losses.
To accomplish its purposes, this Division uses the following methods:
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, as provided in Section 39.05.013, Specific Standards;
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;
c.
Control alteration.
Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;
d.
Control excavation.
Control filling, grading, dredging, and other development which may increase flood damage; and
e.
Flood barriers.
Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or which may increase flood hazards to other lands.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.005 Administration.
a.
Floodplain administrator.
The City Engineer is hereby appointed the Floodplain Administrator to administer and implement the provisions of this Division and other appropriate sections of 44 CFR (National Flood Insurance Program regulations) pertaining to floodplain management. However, the issuing of permits and the review of plans and maps may be delegated to such other persons that the Floodplain Administrator may select.
b.
Duties and responsibilities.
Duties and responsibilities of the Floodplain Administrator include, but are not limited to, the following:
1.
Records. Maintain and hold open for public inspection all records pertaining to this Division.
2.
Application review.
A.
Review, approve or deny all applications for floodplain development permits, required by this Division, and determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding.
B.
Review permits for proposed development to assure that all necessary permits are obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
3.
Map interpretation. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.
4.
Notification. Notify, in riverine situations, adjacent communities and the state coordinating agency, which is the Texas Water Development Board, prior to any alteration or relocation of a watercourse, and submit evidence of that notification to the Federal Emergency Management Agency (FEMA).
5.
Monitor flood-carrying capacity. Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
6.
Data. When base flood elevation data has not been provided in accordance with this Division, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available from federal, state, or other sources in order to administer the provisions of this Article.
7.
Flood control system. Maintain surveillance over the operational and maintenance condition of the flood control system to ensure its safe and effective functioning.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.006 Interpretation, compliance, and applicability.
a.
Interpretation.
In the interpretation and application of this Article, all provisions shall be:
1.
Considered as minimum requirements;
2.
Liberally construed in favor of the public interest; and
3.
Deemed neither to limit nor repeal any other powers granted under state statutes or federal laws.
b.
Compliance.
No structure or land shall be located, altered, or have its use changed without full compliance with the terms of this Division and other applicable regulations.
c.
Applicability.
This Article shall apply to all lands located in City of Lubbock floodplains and areas of special flood hazard.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.007 Basis for establishing areas of special flood hazard.
a.
Studies.
City Floodplain studies produced for the Master Drainage Plan and as set forth in the most recently adopted Drainage Criteria Manual are incorporated by reference into this UDC.
b.
Special flood hazard areas.
The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for Lubbock County, Texas, and Incorporated Areas" dated February 3, 2017, with accompanying flood insurance rate maps (FIRM) and any revisions are adopted by reference and declared to be a part of this UDC.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.008 Penalty.
No structure or land shall be constructed, located, extended, converted, or altered without full compliance with the terms of this Division and other applicable regulations. Violation of the provisions of this Division by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) constitutes a misdemeanor punishable in accordance with Article 39.09, Enforcement and Remedies. Each day on which a violation occurs or continues is deemed a separate and distinct offense. Nothing in this Section prevents the City from taking other lawful action necessary to prevent or remedy any violation of this Division.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.009 Floodplain development permit.
a.
Required.
A Floodplain Development Permit in a floodplain is required to ensure conformance with this Division.
b.
Application.
Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator and shall include plans drawn to scale showing the location, dimensions and elevation of proposed landscape alterations, existing and proposed structures including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. The Floodplain Administrator shall prescribe Floodplain Development Permit application forms. The following information is also required and shall be maintained and held open for public inspection in accordance with Section 39.05.005b.1.:
1.
Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures in the floodplain;
2.
Elevation (in relation to mean sea level) to which any nonresidential structure shall be floodproofed;
3.
A certificate from a registered professional engineer or architect that a nonresidential floodproofed structure shall meet the floodproofing criteria of Subsection b.2., above; and
4.
Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
c.
Decision criteria.
Approval or denial of a FloodplainDevelopment Permit by the Floodplain Administrator shall be based on all of the provisions of this Article and the following relevant factors:
1.
Danger to life and property. The danger to life and property due to flooding or erosion damage;
2.
Susceptibility to flood damage. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
3.
Sweeping of materials. The danger that materials may be swept onto other lands to the injury of others;
4.
Compatibility. The compatibility of the proposed use with existing and anticipated development;
5.
Emergency access. The safety of access to the property in times of flood for ordinary and emergency vehicles;
6.
Costs of governmental services. The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges, and public utilities and facilities such as wastewater, gas, electrical, and water systems;
7.
Expected floodwaters. The expected heights, velocity, and duration of the floodwaters and the effects of wave action expected at the site, where applicable, are manageable;
8.
Waterfront necessity. The necessity to the facility of a waterfront location, where applicable;
9.
Alternative locations. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
10.
Affirmative findings. The relationship of the proposed use to the comprehensive plan for that area.
d.
Revocation of floodplain development permit.
1.
Grounds for revocation. In addition to the remedies provided in Article 39.09, Enforcement and Remedies, whenever the City Engineer finds that there are grounds for revocation of a Floodplain Development Permit, they shall give written notice to the permittee by personal service or by certified mail, return receipt requested, addressed to the applicant at the address set forth in the Floodplain Development Permit application. That notice may require that any work on the property currently underway is required to stop immediately, that a stop order is being issued, and shall set forth:
A.
The specific grounds upon which the Floodplain Development Permit in question may be revoked;
B.
The fact that there will be a hearing before the Floodplain Administrator in which the City will seek the revocation of the FloodplainDevelopment Permit;
C.
The date, time, and place of such hearing; and
D.
The fact that the permittee may appear in person or be represented by an attorney.
2.
Final decision. After completion of the presentation of evidence by all parties appearing, the Floodplain Administrator or City Engineer shall make written findings and render a written order as to whether or not there are grounds for revocation of the Floodplain Development Permit. If there are such grounds, the Floodplain Administrator shall revoke the Floodplain Development Permit. The Floodplain Administrator may take other lesser actions deemed appropriate including, but not limited to, the temporary suspension of the permit, the revision of the Floodplain Development Permit, or the addition of conditions. A true and accurate copy of the Floodplain Administrator's order shall be personally delivered or mailed by certified mail, return receipt requested, to the permittee.
3.
Refunds. If a Floodplain Development Permit is revoked, suspended, or revised by the Floodplain Administrator, the City is not liable to any person for any refund of any part of any fees.
4.
Appeal. The revocation, suspension, or revision of a Floodplain Development Permit may be appealed to the City Council and upon the filing of a written application with the City secretary within 10 days after the Floodplain Administrator's written order is rendered. An appeal of a revocation, suspension, or revision of a Floodplain Development Permit does not suspend the Floodplain Administrator's order pending the appeal.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.010 Variance, floodplain.
a.
Authority.
1.
Final decision. The Floodplain Administrator shall hear and render judgment on requests for Variances from the requirements of this Article.
2.
Alleged error. The Zoning Board of Adjustment shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Article, in accordance with Section 39.07.039, Appeal of Administrative Decision.
3.
Appeal. Any person or persons aggrieved by a decision of the Zoning Board of Adjustment may appeal that decision in a court of competent jurisdiction.
b.
Records and reports.
The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report granted Variances to the Federal Emergency Management Agency upon request.
c.
Historic places.
Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in Article 39.02 and Article 39.03. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the Variance is the minimum necessary to preserve the historic character and design of the structure.
d.
Small lots.
Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acres or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level if the relevant factors in this Division are fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the Variance increases.
e.
Conditions.
Upon consideration of the factors noted and the purpose of this Division, as articulated in Section 39.05.003, Purpose, the Floodplain Administrator may attach conditions to the granting of Variances as necessary to further the purpose and objectives of this Division.
f.
Increase in flood levels.
Variances shall not be issued within any designated floodway.
g.
Prerequisites.
1.
Minimum relief necessary. Variances shall only be issued upon a determination that the Variance is the minimum necessary, considering the flood hazard, to afford relief.
2.
Criteria. Variances shall only be issued upon:
A.
Showing a good and sufficient cause;
B.
A determination that failure to grant the Variance would result in exceptional non-financial hardship to the applicant; and
C.
A determination that the granting of a Variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, or create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
3.
Notice. The Floodplain Administrator shall give written notice to any applicant to whom a Variance is granted that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.011 Establishment of floodplain development permit.
A Floodplain Development Permit as established in Section 39.05.009, Floodplain Development Permit, is required to ensure conformance with this Division.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.012 General standards.
In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:
a.
Anchoring.
All 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 hydrostatic pressure, hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b.
Methods and practices.
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
c.
Materials.
All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
d.
Infiltration.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
e.
Sanitary sewers.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;
f.
On-site waste disposal.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
g.
Utilities.
All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities that are designed or located to prevent water from entering or accumulating within the components during conditions of flooding (above the base flood elevation).
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.013 Specific standards.
a.
Generally.
In all areas of City Floodplain and special flood hazard where base flood elevation data is provided, as set forth in this Section, the following provisions apply.
b.
Residential construction.
New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities, including ductwork, elevated to the most restrictive flood protection elevation as set forth below.
1.
Lowest floor elevation.
A.
One foot above the one percent annual chance flood elevation established by the City of Lubbock Master Drainage Plan;
B.
If located in a flood hazard area, the lowest floor (including basement) will be one foot above the flood elevation established by the FIRM of the Federal Emergency Management Agency (FEMA);
C.
Two feet above the applicable playa lake overflow elevation;
D.
Eighteen inches above the highest gutter elevation (or if no curb and gutter is present, one foot above top of crown) of the nearest adjacent street(s);
E.
Six inches above the calculated peak water surface elevation if a design waiver is granted in accordance with the Drainage Criteria Manual; or
F.
One foot above the 500-year 24-hour base flood elevation if located within the limits of a non-overflow playa lake.
2.
Certification. A registered professional engineer, architect, or land surveyor shall submit a certificate to the Floodplain Administrator that the standard of this Subsection, as provided in Subsection b.1 of this Subsection, is satisfied.
c.
Nonresidential construction.
New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have the lowest floor (including basement and associated electrical and mechanical equipment) elevated to or above:
1.
Lowest floor elevation. If located in a flood hazard area, the lowest floor (including basement) will be one foot above the peak water surface elevation established by the FIRM of FEMA.
2.
Playa lake overflow. Two feet above the applicable playa lake overflow elevation.
3.
Gutter elevation. 18 inches above the highest gutter elevation (or if no curb and gutter is present, one foot above top of crown) of the nearest adjacent street(s).
4.
Peak water surface elevation. Six inches above the calculated peak water surface elevation if a design waiver is granted in accordance with the Drainage Criteria Manual.
5.
Five-hundred-year flood. One foot above the 500-year 24-hour base flood elevation if located within the limits of a non-overflow playa lake or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight 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.
6.
Record. A record of that certification (floodproofing certificate), which includes the specific elevation (in relation to mean sea level) to which the structures are floodproofed, shall be maintained by the Floodplain Administrator.
7.
Grading design. A finished floor elevation may be set in conjunction with a Grading Plan prepared by a licensed professional engineer that shows adequate drainage paths away from the site and with confirmation that no other flooding influences the subject site.
d.
Enclosures.
1.
Design. New construction and substantial improvements with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
2.
Certification. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
A.
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
B.
The bottom of all openings shall be no higher than one foot above grade.
C.
Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
e.
Manufactured homes.
1.
All manufactured homes to be placed or substantially improved within zone A, AO, AH, or AE on the City's FIRM and within City Floodplains on sites that are in the following locations shall be placed on a permanent foundation so that the lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities, including ductwork shall be elevated to the most restrictive flood protection level as set for above:
A.
Outside of a manufactured home park or subdivision;
B.
In a new manufactured home park or subdivision;
C.
Existing manufactured home park or subdivision being enlarged; or
D.
In an existing manufactured home park or subdivision in which the manufactured home has incurred substantial damage as a result of a flood or other causes.
2.
In addition, all manufactured homes to be placed or substantially improved within zone A, AO, AH, or AE on the City's FIRM and within City Floodplains on sites that are in the locations listed in Subsections A through D, above. shall be securely anchored to an anchored foundation system to resist flotation, collapse, and lateral movement, including, but not limited to over the top or frame ties to ground anchors, while complying with all other state and local regulations. Submit FEMA Elevation Certificate and engineering foundation report showing the flood protection level is satisfied.
3.
Special flood hazard areas. If located in a Special Flood Hazard Area (SFHA), the lowest floor (including basement) shall be elevated to or above the most stringent of the following:
A.
One foot above the 500-year 24-hour base flood elevation if located within the limits of a non-overflow playa lake.
B.
Six inches above the calculated peak water surface elevation if a design waiver has been granted in accordance with the Drainage Criteria Manual;
C.
Eighteen inches above the highest gutter elevation (or if no curb and gutter is present, one foot above top of crown) of the nearest adjacent street;
D.
Two feet above the applicable playa lake overflow elevation; or
E.
One foot above the peak water surface elevation established by the FIRM;
4.
Manufactured home otherwise exempted from section. Manufactured homes that are placed or substantially improved on sites in an existing manufactured home park or subdivision within a SFHA on the community's FIRM that are not subject to the provisions in this Section shall be elevated so that either:
A.
The lowest floor (including basement) of the manufactured home is 12 inches above the base flood elevation; or
B.
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately engineered anchor foundation system to resist flotation, collapse, and lateral movement.
f.
Recreational vehicles.
Recreational vehicles placed on sites within zones of SFHA on the community's FIRM shall:
1.
Duration. Be on the site for fewer than 180 consecutive days;
2.
Licensed and ready for use. Be fully licensed and ready for highway use; and
3.
Elevation and anchoring. Meet the elevation and anchoring requirements for manufactured homes in Subsection e., Manufactured Homes, of this Section.
g.
Playa lakes.
Playa lakes provide critical water storage and drainage functions. All new construction and substantial improvement of structures shall follow the provisions in Division 5.3, Playa Lakes Development and Ownership.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.014 Standards for subdivision proposals.
a.
Generally.
All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall be consistent with this Section.
b.
Floodplain development permit.
All proposals for the development of subdivisions, including the placement of manufactured home parks and subdivisions, shall meet Floodplain Development Permit requirements of Division 5.1, Flood Damage Prevention.
c.
Adequate drainage.
All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.
d.
Utilities.
All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have public utilities and facilities such as water, wastewater, and systems located and constructed to minimize or eliminate flood damage.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.015 Floodways.
a.
Generally.
Located within areas of special flood hazard established in this Division are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply.
b.
Encroachments.
Encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed by a registered professional engineer in accordance with standard engineering practice that the proposed encroachments would not result in any increase in flood levels within the City during the occurrence of the base flood discharge.
c.
New construction.
If Subsection b., Encroachments,is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Division.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.016 Improvement and repair requirements.
Table 39.05.016-1, SI/SD FEMA Desk Reference, outlines common improvements and repairs. The measures as described in Table 39.05.016-1 are required to maintain compliance with the NFIP floodplain management requirements. If a map revision has resulted in a higher base flood elevation (BFE), a post-FIRM building shall comply based on the new BFE. Table 39.05.016-1, SI/SD FEMA Desk Reference, is reprinted and edited from SI/SD FEMA Desk Reference as amended.
Table 39.05.016-1 SI/SD FEMA Desk Reference | ||
|---|---|---|
SI = Substantial Improvement | SD = Substantial Damage | ||
Types of Work | Building is Pre-FIRM | Building is Post-FIRM |
Rehabilitation (renovate or remodel), not SI | Compliance not required | Work shall comply and shall not make the building noncompliant with any aspect of the building that was required for compliance |
Rehabilitation (renovate or remodel), SI | Building required to comply | Work shall comply and shall not make the building noncompliant with any aspect of the building that was required for compliance |
Lateral addition and rehabilitation, SI | Addition required to comply; building required to comply | Addition required to comply; building required to comply (see note below table) |
Lateral addition, not SI | Addition not required to comply | Additional required to be elevated to or at least the elevation of the existing lowest floor |
Lateral addition, SI, not structurally connected | Addition required to comply; building not required to comply | Addition required to comply; building required to comply |
Lateral addition, SI, structurally connected | Addition required to comply; building required to comply | Addition required to comply; building required to comply (see note below table) |
Vertical addition above building, not SI | Compliance not required | Work shall comply and shall not make the building noncompliant with any aspect of the building that was required for compliance |
Vertical addition above building, SI | Building required to comply | Work shall comply and shall not be allowed to make the building noncompliant with any aspect of the building that was required for compliance (see note below table) |
Repair foundation, not SI | Compliance not required | Repairs shall comply and shall not make the building noncompliant with any aspect of the building that was required for compliance |
Repair foundation, SI | Building required to comply | Building required to comply (see note below table) |
Replace/extend foundation, SI (including "elevate-in-place") | Building required to comply | Building required to comply (see note below table) |
Repair damage, SD | Building required to comply | Work shall comply and shall not make the building noncompliant with any aspect of the building that was required for compliance (see note below table) |
Reconstruct new building on existing or new foundation, SI | Reconstructed building required to comply | Reconstructed building required to comply (see note below table) |
TABLE NOTES: | |
1 | Maintain existing floor elevations. Floor elevations shall not be lowered by improvements. |
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.017 Purpose, applicability, and ownership policy.
a.
Purpose.
1.
Uses, structures, and developments. The playa lake systems within the City contribute to the environment, wildlife, and general welfare of the residents of the City. This Section regulates uses, structures, and developments within playa lake systems that would impair the ability of playa lakes to:
A.
Flood impact reduction. Reduce flood impacts by absorbing peak flows, slowing the velocity of floodwaters, and regulating base flow;
B.
Bank stabilization. Assist in stabilizing the banks of watercourses to reduce woody debris from fallen or damaged trees, streambank erosion, and the downstream transport of sediments eroded from watercourse banks;
C.
Pollutant reduction. Reduce pollutants in playa lakes during periods of high flows by filtering, settling, and transforming pollutants already present in playa lakes;
D.
Nuisance reduction. Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system;
E.
Habitat provision. Provide habitat to a wide array of wildlife by maintaining diverse and connected playa lake vegetation and natural land uses;
F.
Encroachment minimization. Minimize encroachment on watercourse channels and the need for costly engineering solutions such as gabion baskets and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents; and
G.
Character preservation. Contribute to the scenic beauty and environment of the City of Lubbock, thereby preserving the character of Lubbock, the quality of life of its residents, and corresponding property values.
b.
Applicability, compliance, and violations.
1.
Zoning districts. These regulations apply to all zoning districts.
2.
Structures and uses in playa lakes. These regulations apply to all structures and uses on lands containing a playa lake.
3.
Compliance required. The City shall not issue approvals or permits without full compliance with the terms of this Division.
c.
Ownership of playa lakes.
Playa lakes are an essential element of drainage systems both in and adjacent to the City. When critical amounts of development have occurred within any particular watershed, the public may benefit from owning the property as part of the overall drainage system. Playa lakes shall meet the regulations of this Section, as well as the regulations and policies specified in the Drainage Criteria Manual, Master Drainage Plan, and Policy for Playa Lake Development. Developments shall conform to the following requirements:
1.
Improvements. Improvements within, adjacent to, and around playa lakes shall comply with this Division and the City's Drainage Criteria Manual and Master Drainage Plan.
2.
Ownership determination. If the subdivider desires that a playa lake within the boundaries of a proposed subdivision be publicly owned, then prior to Preliminary Plat submittal, the subdivider shall submit a proposal for public ownership to the City Engineer for the City Council to approve, approve with conditions, or deny. Proposals for such ownership shall include a justification that ownership of the playa lake shall accrue a benefit to the public. The City Council shall accept no lake areas in relatively undeveloped areas unless the Council finds that circumstances exist that merit an exception.
3.
Plat designation.
A.
Playa lakes shall be designated on plats as a "stormwater drainage and impoundment easement" regardless of an ownership proposal or determination. The playa lake shall be designated as a separate lot or tract on the Final Plat.
B.
If the City Council approves the playa lake for public ownership, the face of the Final Plat shall designate the dedicated Playa Lake Area as a "public stormwater detention basin."
4.
Plat recordation. No Final Plat for any lot or tract under single or common ownership with a playa lake that is adjacent to or within a playa lake or on a bordering street may be recorded until that playa lake, or at least that portion of the playa lake necessary to accommodate the drainage associated with the plat, is designated as stormwater drainage and impoundment easement.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.018 Dedication methods.
a.
Platting.
The following standards shall be met prior to recording a Final Plat that includes a stormwater drainage and impoundment easement:
1.
Type of easement. Any portion of a playa lake included in a proposed Final Plat shall be dedicated as a stormwater drainage and impoundment easement.
2.
Drainage criteria manual. The easement area shall conform to the approved cut and fill plan and the requirements of the Drainage Criteria Manual.
3.
Maintenance agreement. The applicant and the City shall execute a facilities maintenance agreement indicating which party is responsible for operating and maintaining the facilities. This agreement shall be filed with the Official Public Records of Lubbock County.
b.
Warranty deed.
The following standards apply to the final conveyance of a stormwater detention basin by general warranty deed to the City:
1.
Easement operation. The requirements for minimum development standards for stormwater drainage and impoundment easements as set forth in Subsection a., Platting, are in place and are operating effectively.
2.
Grading. The playa lake basin shall be graded in accordance with this UDC and the Drainage Criteria Manual. The City Council may consider any playa lake requested for City acceptance with side slopes that exceed the maximum slopes allowed by this Division and the Drainage Criteria Manual on a case-by-case basis. The City Engineer may require the owner or developer of a Playa Lake Area with excessive side slopes to reshape the cut and/or fill slopes of the playa lake prior to acceptance.
3.
Erosion control plan. The owner or developer shall submit an erosion control plan and install erosion control measures approved by the City Engineer. Prior to submission of the erosion control plan, the owner/developer and the City Engineer shall perform an initial inspection of the subject property. The erosion control plan shall include:
A.
A complete description of the Playa Lake Area proposed for conveyance;
B.
A complete description of the problem areas or areas of concern as discussed and noted with the field inspection made by the owner/developer and the City Engineer;
C.
A complete description of any necessary and/or proposed improvements to be made to the subject property prior to ownership transfer. This includes any designs, plans, and specifications for materials and construction of the improvements;
D.
A complete description of the dates of all previous cut and fill operations of the playa lake, the predicted peak water elevation of the playa lake as determined by procedures outlined in the Drainage Criteria Manual, an estimated normal pool elevation of the lake, and other information regarding any previous erosion control measures constructed by the owner/developer; and
E.
Date of expected completion of the proposed improvements.
4.
Erosion control plan waiver. The City Engineer may waive erosion control requirements if the playa lake is in its natural state and is not modified through a cut and fill operation and the lake provides natural habitat with no obvious signs of erosion.
5.
Water sample. The applicant shall collect and sample the water or soil in any playa lake proposed for City ownership. The samples shall be taken as described below and analyzed by a laboratory approved by the City Engineer. The samples shall be collected and tested as follows:
A.
A water sample shall be collected and tested for the parameters listed in the active City of Lubbock Texas Commission on Environmental Quality Texas Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit No. WQ0004773000 (EPA I.D. No. TXS001501) reporting the maximum concentrations listed on said MS4 Permit.
B.
Analysis and collection of samples shall be performed in accordance with the methods specified in 40 CFR Part 136. The sample shall be sent to a laboratory accredited by the State of Texas under the National Environmental Laboratory Accreditation Program. For a comprehensive list of certified analytes and methods for each laboratory, contact the individual laboratory, or contact the Texas Commission on Environmental Quality. Where an approved method in Part 136 does not exist, the City Engineer shall approve an alternative method.
C.
The applicant shall provide a summary of the complete test results to the City Engineer for review. If the tests show a violation of state or federal water quality standards, the City Engineer may require the applicant to correct the violation before the City accepts dedication of the playa lake. If the playa lake bottom is dry, the applicant shall provide an analysis of a composite soil sample (as directed by the City Engineer). Tests shall be conducted on the parameters required by the Texas Commission on Environmental Quality's Texas Pollutant Discharge Elimination System Permit.
6.
Facilities. The applicant shall show any privately constructed facilities (i.e., buildings, parking lots, pumps, aeration devices, etc.) within the Playa Lake Area in any Site Development Plan, Development Plat, or Preliminary Plat.
A.
The City Engineer and the Director of Parks and Recreation shall review the existing facilities to determine if they are allowed to remain in the Playa Lake Area. The applicant shall remove any facility determined not to benefit the City before providing an offer of dedication.
B.
Any existing facility that remains in place in order to serve adjacent private property may require a maintenance agreement to be established whereby the private property owner shall continue to maintain the existing facility within the Playa Lake Area.
7.
Acceptance. If the City Council approves of public ownership for a playa lake, in accordance with Section 39.05.017.c, Ownership of Playa Lakes, then the subdivider, upon the completion of the requirements and standards of this Division, may request administrative acceptance of a stormwater detention basin as City property.
8.
Bond. The City Engineer may accept a bond in lieu of completing a required cut and fill or other improvements before the Final Plat is recorded. The bond shall be in an amount that covers the City's cost of undertaking and completing the work, based on calculations of the City Engineer. A refund of any bond shall not be made until all required improvements are completed and have passed a City-performed inspection to verify effective operation.
c.
Notification.
Any Preliminary Plat submitted that includes a playa lake shall state the intention of the playa lake. A statement on the face of both the Preliminary and Final Plats shall indicate the proposed use of the playa lake as one of the following:
1.
Easement. A dedicated stormwater drainage and impoundment easement;
2.
Ownership. A privately owned and maintained park area; or
3.
Conveyance. Conveyance to the City as a stormwater detention basin or as a park. The City Council must approve either of these conveyances.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.05.019 Development regulations.
a.
Playa lake classifications
Refer to the Drainage Criteria Manual for classification of playa lakes into overflow and non-overflow lakes.
b.
Playa lake database.
The Floodplain Administrator shall create and maintain a database identifying and monitoring playa lakes. The City shall use the database as a reference document and the information contained is presumed accurate. The Database shall provide the following for each playa lake:
1.
Total surface area;
2.
100-year water surface elevation (Master Drainage Plan or FEMA);
3.
Depth;
4.
Zoning district;
5.
Land use; and
6.
A disclaimer stating:
"The Playa Lake Database was prepared by the City in accordance with Division 5.3, Playa LakesDevelopment and Ownership, of the Unified Development Code. The City's digital data is a representation of recorded plats, surveys, deeds, and other collected information for use within a Geographic Information System for purposes of analysis. These and other digital data do not replace or modify land surveys, deeds, and/or other legal instruments defining land ownership or use. The City assumes no legal responsibility for this information."
c.
Site development plans.
1.
Contents. The applicant shall demarcate playa lakes as required by these regulations on a Site Development Plan included with all Plat applications submitted to the City. In addition to the Site Development Plan standards described in Section 39.07.013, Site Development Plan, sites with playa lakes shall include the following information:
A.
Playa lake water surface elevation based on Master Drainage Plan, or, if not available, separate analysis;
B.
Locations and dimensions of any proposed structures or uses, including proposed soil disturbance, in relation to playa lakes;
C.
Existing topography at intervals of one foot;
D.
Locations of playa lakes;
E.
Lot dimensions;
F.
Lot boundaries;
G.
North arrow, scale, date, and stamp bearing the name and registration number of the qualified professional who prepared the site plan; and
H.
Other information needed for the City to ensure compliance with this Division.
2.
LOMR-F. In association with Site Development Plans, Plats, and Zone Changes, the City allows a Letter of Map Revision by Fill (LOMR-F) within playa lakes with the approval of the Floodplain Administrator.
d.
Allowed and prohibited uses in playa lakes.
1.
Allowed uses. Uses allowed in playa lakes are limited to:
A.
Passive open space; and
B.
Recreational activities such as hiking, fishing, picnicking, and similar passive recreational uses, as permitted by federal, state, and local laws.
2.
Prohibited uses. Any use not authorized under this Section is prohibited in playa lakes. The following uses and structures are explicitly prohibited:
A.
Fences and walls;
B.
Parking spaces or lots and loading/unloading spaces for vehicles unless calculated depths of flow are six inches or less under 100-year design conditions; and
C.
New surface and/or subsurface sewage disposal or treatment areas.
(Ordinance 2023-O0054 adopted 5/9/2023)