The purpose of this division is to ensure that the drainage facility needs caused by the development or use of a piece of property are identified and provided for in appropriate stages of development. The objective of drainage planning and facilities is to protect the uses of the platted property and safety of citizens who use the platted property in the future and to prevent development and usage of the platted property from adversely affecting others.

Design of storm sewer systems, materials, and construction must be in accordance with the Design Guidelines for Subdivision Improvements. When a project is determined to be in the jurisdictional control of the U. S. Corp of Engineers, in regard to the Federal Clean Water Act or successor, the city requirements for drainage improvements will be subordinate to the requirements of a Section 404 Permit of the Federal Clean Water Act, or successor. During the platting process, the flood hazard areas shall be identified and drainage easements dedicated to the public on the final plat. Plans shall be submitted with the plat. The owners and developers of property have the duty to:

   a.   Accommodate Upstream and Adjacent Drainage Areas

      A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from ultimate development conditions from its entire upstream drainage area, whether inside, outside, along or adjacent to the subdivision or addition. The owner's engineer shall initially determine the necessary size of the facility, based on the provisions of the construction standards and specifications assuming conditions of maximum potential watershed development permitted by the development code, subject to approval by the development services engineer.

   b.   Effect on Downstream Drainage Areas

      The owner's engineer shall study the affect of each addition's storm runoff on the existing drainage facilities at a reasonable distance downstream of the addition as determined by the development services engineer. Where it is determined that existing capacity is not available immediately downstream, the owner's engineer must design a drainage system, detention facility, or parallel system to mitigate the deficiency. The commission may deny the plat until the construction plans for such mitigation has been approved by the development services engineer. If oversize improvements are required, then the city may participate in the cost as prescribed by this code.

   a.   Less than 1/2 Square Mile

      Developments in drainage areas having a contributing watershed less than 1/2 square mile shall be provided for in accordance with the Design Guidelines for Subdivision Improvements. Water conveyances must consist of pipe culverts, box culverts placed underground, or improved open channels. An improved open channel is one in which the channel bottom sides are lined with reinforced Portland cement concrete or other structurally sound material approved by the development services engineer to the depth that will convey the 100-year frequency flood.

   b.   Greater than ½ Square Mile and Less than 1 Square Mile

      Developments in drainage areas having a contributing watershed greater than 1/2 square mile and less than one square mile shall be provided for by one of the following methods:

      1.   Drainage improvements may be provided for in accordance with the Design Guidelines for Subdivision Improvements. Water conveyances shall consist of pipe culverts, box culverts placed underground, or improved open channels. An improved open channel is one in which the channel bottom sides are lined with reinforced Portland cement concrete or other structurally sound material approved by the development services engineer to the depth that will convey the 100-year frequency flood.

      2.   When the floodplain is part of an overall master plan of the development or the Tyler 1st Comprehensive Plan, the development services engineer may allow the floodplain to be left in a natural state or greenbelt. The greenbelt is required to be dedicated to the city in accordance with the Tyler 1st Comprehensive Plan or a homeowner’s association for maintenance. The minimum dedication is 100 feet on each side of the defined floodplain limits. If the dedication is to the city, maintenance by the city shall consist of removal of dead or fallen trees blocking the drainage. In general, the greenbelt area shall be left in a natural state. (Ord. No. 0-2014-33; 4/23/14)

   c.   Greater Than One Square Mile

      Drainage areas having a contributing watershed greater than one square mile shall be provided for by one of the following methods:

      1.   The stream may be left in its natural state with minor improvements and no development within its floodplain. Minor improvements include the removal of dead trees, discarded debris, and obstructions that would hinder the conveyance of water. In zones other than RE, R1-A, R1-B, R-2, and PUR zones, the entire floodplain shall be platted and dedicated to the city as a floodway easement. The city will maintain the easement in the same condition as provided when the easement is within the city limits. In RE, R1-A, R1-B, R-2, and PUR zones the entire floodplain shall be platted as a separate lot and dedicated to the city or homeowner’s association for maintenance. The city will maintain the easement in the same condition as provided when the easement is within the city limits. The commission may waive this dedication requirement only for the following exceptions:

         (b)   Subdivisions of five lots or less.

      2.   The floodplain fringe may be reclaimed for use as long as the floodway is protected and the 100-year flood elevation is not raised more than one foot. This method of development may require erosion control to offset changes in the stream regimen caused by development of the property and drainage improvements in accordance with this Article. In zones other than RE, R-1A, R-1B, R-1C, R-2, PXR, PUR, PMF the entire floodway must be platted and dedicated to the city as a floodway easement. The city will maintain the easement in the same condition as provided when the easement is within the city limits. In RE, R-1A, R-1B, R-1C, R-2, PXR, PUR, and PMF zones the entire floodway shall be platted as a separate lot and dedicated to the city or homeowner’s association for maintenance. The city will maintain the easement in the same condition as provided when the easement is within the city limits. The commission may waive this dedication requirement only for the following exceptions:

         (b)   Subdivisions of five lots or less.

      3.   The stream may be reconstructed or relocated to accommodate development. The new channel shall be sufficient to convey the 100-year flood. The design will include erosion control such as seeding, sodding, channel lining, or a combination of these. In zones other than RE, R-1A, R-1B, R-1C, R-2, PXR, and PUR zones, the entire floodway with proper access easements must be platted and dedicated to the city as a floodway easement. The city will maintain the easement in the same condition as provided when the easement is within the city limits. In RE, R-1A, R-1B, R-1C, R-2, PXR, and PUR zones the entire floodway and proper access easement shall be platted as a separate lot and dedicated to the city or homeowner’s association for maintenance. The city will maintain the easement in the same condition as provided when the easement is within the city limits. The commission may waive this dedication requirement only for the following exceptions:

         (b)   Subdivisions of five lots or less.

(Ord. No. 0-2011-45, 6/8/11)

Lakes, detention ponds, and retention ponds may be constructed in all areas provided they are approved by the development services engineer. The city may assume maintenance responsibilities for this type of facility only if title to the facility passes to the city, if approved by the council; however, easements shall be provided to ensure protection of these areas for maintenance purposes.

Other innovative drainage concepts will be considered if approved by the development services engineer. Any city costs are subject to approval by the city council.

   a.   Access to Floodway Easements

      The developer must provide sufficient access on each side of and parallel to creeks or drainage ways for maintenance purposes. The access shall be above the base flood elevation and accessible to vehicles and equipment. Access must also be provided at a maximum 1,200 foot spacing along streets or alleys. The location and size of the floodway easement shall be determined by the development services engineer. The width of the access easement shall be 20 feet. Permanent monuments, the type and location of which to be determined by the development services engineer, shall be placed along the boundaries of the maintenance and access easement and private property. This access easement shall be included in the dedication requirements of this division and included in the drainage and floodway easement width.

   b.   Drainage Easements

      Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within street rights-of-way, perpetual, unobstructed easements must be provided. The minimum width of the easements must be 12 feet in R-1B zoning and 15 feet in RE and R-1A zones. Depending on depth and size of drainage facility, the development services engineer may require wider easements. Easements must be indicated on the plat. Drainage easements must extend from the street to a natural watercourse or to other drainage facilities. When a proposed drainage system will carry water across private land outside the subdivision or addition, when not a natural drainage course, appropriate drainage easements must be secured. (Ord. No. 0-2011-45, 6/8/11)

   a.   Adequate Sewage Facilities

      Sanitary sewer facilities serving the subdivision or addition shall connect with the city's sanitary sewer system or state approved utility system, and shall conform to the city's master sewer plan for sewage treatment and collection. Sewers shall be installed to serve each lot and to grades and sizes according to specifications herein identified or referenced.

   b.   Design and Construction Requirements

      Design of sanitary sewers shall be in accordance with the City's Design Guidelines for Subdivision Improvements and 30 T.A.C. 317, or successor. Materials and construction shall conform to the Standard Specifications and Standard Construction Details of the City of Tyler. The sanitary sewer system shall conform to the city's sewer studies for the various drainage basins.

   c.   Sewage Locations

      Sanitary sewers must be located within street or alley rights-of-way unless topography dictates otherwise. When located in easements on private property, access must be provided to all manholes. A manhole must be provided at each street or alley crossing. End lines shall be extended to provide access from street or alley right-of-way when possible.

The development services engineer shall be responsible for receiving and approving construction plans for sewage facilities.

The purpose of this division is to promote low-impact development (LID) approach to stormwater management that would minimize the hydrologic impact of development and redevelopment on storm water quantity and quality using primarily nonstructural storm water controls in place of conventional engineering applications.

Any person or entity that files an application for a rezoning, subdivision plat approval, or site plan review may opt to apply LID stormwater management standards to the proposed development.

      1.   The development incentives and alternative standards listed below may be used provided the development complies with associated nonstructural storm water controls, such as stormwater conservation areas and/or structural storm water controls, such as permeable pavement, grassy swales/buffer strips, storm water ponds, and bio retention areas. The intent of a storm water conservation area is to reduce impervious surfaces; to allow natural infiltration of storm water runoff; to preserve floodplain, wetlands, and other undisturbed natural areas; and to provide space for other nonstructural or structural storm water controls. The intent of permeable pavement, grassy swales/buffer strips, storm water ponds, bio retention areas, and other structural controls is to provide infiltration, filtration, and pollutant removal of storm water runoff.

      2.   Developments that propose to use the development incentives and alternative standards must follow the site development plan review process in Article VIII, Division E and the plat review process in Article IX, of this chapter.

      3.   The areas proposed for nonstructural and/or structural storm water controls must be shown as a stormwater conservation area on any site plan and/or land study associated with the development and must be designated as a storm water quality easement on any plat associated with the development. In addition to the site plan and plat review process, developments shall follow the site-specific storm water management plan procedures herein.

   a.   Residential Development

Note: For residential developments that are [10 acres or larger] and in PUR would have two options of development standards. One option would be the standard requirements the other option would be the stormwater management alternative. The stormwater management option would allow for reduced lot size, reduced lot depth, reduced front yard setback, and/or increased lot coverage if a storm water conservation area is provided. Storm water conservation areas may not be part of required usable open space, but may contain structural or other nonstructural storm water controls.

   b.   Off-Street Parking and Loading

      The following stormwater management options are available for off-street parking and loading areas.

         For most types of development, this code requires that off-street parking and circulation lanes be constructed of asphalt or concrete. Permeable pavement and associated drainage system, such as modular porous pavers or porous concrete may be used. Only developments that have minimum required parking of a certain size (e.g., 100 spaces or more) would eligible for this permeable pavement option. Gravel parking is not an acceptable permeable pavement and must not be used for parking and/or circulation lanes, except where allowed in this code. Developments may utilize alternative pavement construction for parking in professional installation according to manufacturer's specifications. Alternative pavement options must be maintained according to manufacturer's specifications and must be in compliance with Tyler City Code Chapter 18, Article II., Weeds and Debris. (Ord. No. 0-2010-119; 11/10/10)

         Up to ten percent of required off-street parking spaces may be permanently set aside as a parking reduction subject to the standards of this division. Only developments that have minimum required parking of 100 spaces or greater are eligible for this parking reduction option. The area of the parking reduction shall be set aside as a storm water conservation area. For the purpose of parking reduction, storm water conservation areas may not be part of required interior landscape area and/or landscape edge, and may not contain structural or other nonstructural storm water controls.

         For development with 10 or more required parking spaces, the developer may accommodate any parking spaces in excess of the basic requirement on an unpaved, permeable surface such as permeable pavement and an associated drainage system, such as modular porous pavers, Grass-Crete, and porous concrete. At the discretion of the planning director, some or all excess parking may be accommodated on a gravel surface.

         Excess parking may be provided and constructed with asphalt or concrete pavement if grassy swales/buffer strips are provided to mitigate the storm water runoff of the impervious surfaces of the excess parking. For the purpose of excess parking, grassy swales/buffer strips shall be delineated on a site plan. Grassy swales/buffer strip areas will not be considered part of required interior landscape area and/or landscape edge.

         The landscaping and tree preservation requirements of Article VI would provide a storm water management option for alternative placement of interior parking lot landscaping. Up to 50 percent of the required interior parking lot landscaping for nonresidential and multifamily development may be placed outside of the paved boundaries of the parking lot to provide areas for storm water conservation and/or grassy swales/buffer strips, detention ponds, bio-retention areas, or other structural storm water controls. The relocation of required landscape areas would not reduce the required number of trees or other improvements associated with required landscape areas. Required landscape areas, either within or outside of parking lot boundaries, may not be part of required usable open space for multifamily development.

Water systems serving the subdivision or addition shall connect with the city's water supply and distribution system, and shall conform to the city's master water plan for water supply, treatment, and distribution. Water facilities shall be installed to serve adequately each lot and to grades and sized according to specifications herein contained or referenced.

Design of water systems must be in accordance with the Design Guidelines for Subdivision Improvements and 30 T.A.C. 290, Subchapter D, “Rules and Regulations for Public Water Systems,” or successor. Materials and construction must conform to the Standard Specifications and Standard Construction Details of the City of Tyler. The water system must be in accordance with the city's master water plan.

Fire hydrants and valves are required for all subdivisions and additions and must be located to satisfy the requirements of the fire department. Fire hydrants shall be located in accordance with the Design Guidelines for Subdivision Improvements and 30 T.A.C. 290, Subchapter D, “Rules and Regulations for Public Water Systems,” or successor and must be approved by the applicable fire protection unit. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves and all other supply improvements, must be installed before any final paving of a street shown on the subdivision plat. Reflective fire hydrant buttons must be installed in all streets at a point adjacent to fire hydrants. The buttons must conform to Water Utilities and Fire Department specifications. At corner locations, buttons must be installed in both streets.

   a.   The property owner will be required to furnish all easements and rights-of-way required to serve the development. Where reasonable, utilities should be located within streets or alley rights-of-way. Notwithstanding the above, developers may offer easements outside of street and alley rights-of-way. All utility facilities existing and proposed throughout the property must be shown on the preliminary plat.

 

All municipal easements may be wider as determined by Development Services depending on the size of the utility and/or site-specific conditions. Private utility easements must be sized by the utility company. Proper coordination shall be established between the property owner and the applicable utility companies for the establishment of utility easements on adjoining properties. (Ord. No. O-2018-17; 2/14/18)

   c.   All water and sewer easements must be submitted in an acceptable form to the development services engineer.

The contractor and owner shall be responsible for all damage to existing public improvements caused during construction of new public improvements.

In new residential subdivisions, all utilities, including electrical distribution and communication, must be installed underground along streets and alleys, unless otherwise approved by the development services engineer. Electrical utility service to non-residential properties from overhead distribution lines must be placed underground from the right-of-way to the point of service, unless otherwise approved by the development services engineer. Developers are encouraged to install all utilities underground on each property in new subdivisions.

It shall be the responsibility of the contractor to pay to the City of Tyler an amount of money specified in Article X., Division B., Fees, for Quality Control Testing and Review to the beginning of construction. The cost of construction shall include, but not be limited to, the cost of the following items: clearing, excavation, embankment, subgrade preparation, base, surfacing, curb and gutter, valley gutters, retaining walls, water and sanitary sewer improvements, under-drains and storm sewer facilities. (Ord. No. 0-2010-20; 3/10/10) (Ord. No. 0-2017-77; 9/13/17)

The following Design Standards and Specifications are incorporated by reference into this code:

   a.   Design Guidelines for Subdivision Improvements

(Ord. No. 0-2000-11, 3-1-2000) (Ord. 0-2006-19, 2/8/06)

When development or construction activities result in earth changes, soil erosion is likely to occur which will result in hazards to health and safety with damage to property under both normal rainfall events and/or heavy rainfall/flooding events, unless erosion and sedimentation control measures are implemented. (Ord. No. 0-99-19; 2/24/99) (Ord. No. 0-2011-45, 6/8/11)

The purpose of this division is to promote the public health, safety, and welfare and to minimize public and private losses due to erosion and sedimentation in all areas by provisions designed to:

   a.   Protect human life and health;

   b.   Minimize expenditure of public money for costly erosion control projects;

   h.   Help maintain a stable tax base by providing for the sound use and development of property so as to minimize erosion. (Ord. No. 0-99-19; 2/24/99) (Ord. No. 0-2011-45, 6/8/11)

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

   a.   Restricts or prohibits uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

   d.   Controls earth changes which may cause erosion and/or sedimentation damage. (Ord. No. 0-99-19; 2/24/99)

A clearing and grading permit is required to ensure conformance with the requirements of this Code prior to any agricultural timbering, predevelopment clearing, or depositing of fill on an undeveloped site. (Ord. No. 0-99-19; 2/24/99) (Ord. No. 0-2011-45; 6/8/2011)

No structure or land may be located, altered or have its use changed or earth changes made without full compliance with this division and other applicable regulations. (Ord. No. 0-99-19; 2/24/99) (Ord. No. 0-2011-45, 6/8/11)

   a.   This division is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this division and another ordinance conflict or overlap, the more stringent restriction will prevail.

   b.   In the interpretation and application of this division, all provisions must be considered as minimum requirements, liberally construed in favor of the city, and deemed neither to limit nor repeal any other powers granted under state statute. (Ord. No. 0-99-19; 2/24/99)

   a. The Erosion and Sediment Control Plan shall comply with the requirements of the State of Texas TPDES Permit TXR 150000.

              b. Design requirements shall comply with the requirements of the State of Texas TPDES Permit TXR 150000.

   c. Inspections required and/or performed shall comply with the requirements of the State of Texas TPDES Permit TXR 150000. (Ord. No. 0-2011-45; 6/8/2011) (Ord. No. 0-2014-97; 10/22/14) (Ord. No. 0-2016-76; 8/24/16)

   a.   Applicability

      Unless specifically exempted in writing, a clearing grading permit must be obtained from the city engineer or designee prior to commencement of any development, excavating, grading, regrading, landfilling, berming, paving, diking, clearing and grubbing, or other earth changes made to any property within the city. A separate permit is required for each separate, non-contiguous site or lot. (Ord. No. 0-99-19; 2/24/99)

   b.   Approval Criteria

      The development services engineer will approve a clearing and grading permit if the application complies with section 10-529 and demonstrates the following conditions will be met:

      1.   The applicant must comply with Tree Preservation in accordance with Chapter 10, Article VI., Division A., Sections 10-301 through 10-304, as applicable.

      2.    No person shall be granted a permit for land-disturbing activity which would require grading without the approval of an Erosion and Sedimentation Control Plan by the City of Tyler.

      3.   Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee.

      4.   The City of Tyler will review each application for a permit to determine its conformance with the provisions of this local regulation. Within ten (10) working days after receiving an application, the City of Tyler shall, in writing:

         (a)   Approve the application; or

         (b)   Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulations, and issue the permit subject to these conditions; or

         (c)   Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.

Failure of the City of Tyler to act on original or revised applications under this Section within thirty (30) calendar days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the City of Tyler. (Ord. No. 0-2011-45; 6/8/2011)

   a.   The issuance of a grading permit will be governed by these policies and those set forth in the Storm Drainage Design Standards.

   f.   The requirements and conditions for a grading permit for any lot, parcel, or tract of land for which an erosion control plan, drainage plan or abbreviated drainage plan exists must incorporate the provisions of the drainage plan or abbreviated drainage plan. (Ord. No. 0-99-19; 2/24/99)

A grading permit must consist of a Drainage Plan or Abbreviated Drainage Plan, and an Erosion Control Plan. The grading permit for any lot to be used for building construction may not be issued unless the plan has been reviewed and accepted by the City.

   a.   Drainage Plan Contents

      A drainage plan must consist of engineering drawings, contour maps, erosion control plan and all supporting engineering calculations, as applicable to the land area covered by the plan, which are required to demonstrate substantial compliance with this chapter, the Design Guidelines for Subdivision Improvements, Best Management Practices of the U.S. Corp. of Engineers, Texas Council of Governments, or other best management practices acceptable to the City of Tyler.

   b.   Abbreviated Drainage Plans

      Upon review of a grading permit application, the City will determine if an abbreviated drainage plan is necessary in order to meet the purposes of this article. If an abbreviated drainage plan is required, it must be submitted to and reviewed by the City prior to granting of the grading permit. Although the abbreviated drainage plan does not require the seal or signature of a registered professional engineer, it must be prepared according to the city format, as shown in the exhibit below. An abbreviated drainage plan will generally be sufficient for construction of single-family residences on subdivision lots. An erosion control plan is required. An abbreviated drainage plan is applicable to development sites of less than one acre, and for all single-family residential lots.

   c.   Drainage Plan Required

      1.   Upon review of an application for a grading permit, the City will determine if a drainage plan is necessary to meet the purposes of this chapter. A drainage plan is required. It shall be submitted to and reviewed by the city engineer prior to granting of the grading permit. Drainage plans are required on all development sites greater than 1-acre, except for single-family residential lots.

      2.   The drainage plan, but not the abbreviated drainage plan, must be prepared under the direct supervision of a registered professional engineer, licensed to practice in the state, according to a City format. Each plan submitted for final review and acceptance must bear the signature and seal of the submitting engineer under the following statement: “I hereby certify that I am familiar with the adopted codes, regulations, standards and policies of the City governing development, that these plans have been prepared under my supervision, and that this drainage plan complies with all governing codes and regulations to the best of my knowledge.”

      3.   If the site in question lies outside an area of special flood hazard, the plans must bear the signature of the engineer or applicant under the following statement: “No part of this site lies within the established area of special flood hazard as established by the current flood insurance study of Flood Hazard Boundary Map.” (Ord. No. 0-99-19; 2/24/99) (Ord. No. 0-2011-45, 6/8/11)

A grading permit is not required for the following:

   a.   Bona fide agricultural and farming operations requiring no other permit, with the exception of tree harvesting operations;

   c.   Emergency repairs of a temporary nature made on public or private property which are necessary for the preservation of life, health or property, and which are made under circumstances where it would be impossible or impracticable to obtain a grading permit.

    d.   Clearing and grading on a lot for which a building permit has been approved.

   e.   Clearing and grading related to the installation of public improvements (utilities, streets and/or drainage) within dedicated right-of-way or easements. (Ord. No. 0-99-19; 2/24/99) (Ord. No. 0-2011-45; 6/8/2011)

A grading permit may be revoked or suspended by the development services engineer or construction board of adjustment and appeals. Written notice must be given to the permit holder stating the grounds for such action. A grading permit may be revoked or suspended upon one or more of the following:

   a.   Violation of any conditions of the permit and any associated drainage plan or abbreviated drainage plan after notification of non-compliance and failure to take remedial actions as outlined in these sections.

   c.   Existence of any condition or performance of any act constituting a hazard or endangering human life or property. (Ord. No. 0-99-19; 2/24/99)

   a.   Unless exempted under this chapter, it is unlawful to conduct any development, excavating, grading, regrading, excavating, landfilling, berming, paving, diking, clearing, and grubbing, or other earth changes either without a grading permit required under this article, or contrary to the terms of a grading permit issued under this article.

   f.   Each day that a violation of this article shall continue, or be permitted to continue, will be deemed a separate offense. (Ord. No. 0-99-19; 2/24/99) (Ord. No. 0-2011-45, 6/8/11)

   a.    Findings of Fact

      It is hereby determined that:

      1.    Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition;

      2.    This stormwater runoff contributes to increased quantities of water-borne pollutants, and Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites.

      3.    Therefore, the City of Tyler establishes this set of water quality and quantity policies applicable to all surface waters to provide reasonable guidance for the regulation of stormwater runoff for the purpose of protecting local water resources from degradation. It is determined that the regulation of stormwater runoff discharges from land development projects and other construction activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will help minimize threats to public health and safety.

The purpose of this ordinance is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. This ordinance seeks to meet that purpose through the following objectives:

      1.   Minimize increases in stormwater runoff from any development in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;

      2.    Minimize increases in nonpoint source pollution caused by stormwater runoff from development which would otherwise degrade local water quality

      3.    Minimize the total annual volume of surface water runoff which flows from any specific site during and following development to not exceed the pre-development hydrologic regime to the maximum extent practicable.

      4.    Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety.

   This ordinance shall be applicable to all subdivision or site plan applications, unless eligible for an exemption or granted a waiver by the City of Tyler under the specifications of Sec 10-540 of this ordinance. The ordinance also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules.

   To prevent the adverse impacts of stormwater runoff, the City of Tyler has developed a set of performance standards that must be met at new development sites. These standards apply to construction activity disturbing 5,000 or more square feet of land. The following activities may be exempt from these stormwater performance criteria:

      1.   Any logging and agricultural activity which is consistent with an approved soil conservation plan or a timber management plan prepared or approved by the Development Services Department or designated agent, as applicable.

      2.   Additions or modifications to existing single family structures

      4.   Repairs to any stormwater treatment practice deemed necessary by the City of Tyler.

      5.   Any permit issued or construction activity legally begun on or any planned development site plan approved before the effective date of this ordinance.

      This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, stature, or other provision of law. The requirements of this ordinance should be considered minimum requirements, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. (Ord. No. 0-2017-69; 8/23/17)

   a.   Stormwater Management Plan Required.

      The plans and documentation submitted for a Building Permit or Land Subdivision Construction Plans shall include the Stormwater Management Plan to be used on the project. No land owner, land operator, or contractor shall receive plan approval for a building permit, or a land development permit required for land disturbance activities without first meeting the requirements of this ordinance.

   b.   Stormwater Management Plan Requirements

      The stormwater management plan shall be prepared to meet the requirements of Sec. 10-541 of this ordinance, and the maintenance agreement, if required, shall be prepared to meet the requirements of Sec. 10-545 of this ordinance. (Ord. No. 0-2011-45; 6/8/11)

   a.   Waivers for Providing Stormwater Management

      1.    Every applicant shall provide for stormwater management as required by this ordinance, unless a written request is filed to waive this requirement. Requests to waive the stormwater management plan requirements shall be submitted to the City of Tyler for approval. The minimum requirements for stormwater management may be waived in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies:

         (a)   It can be demonstrated that the proposed development is not likely to impair attainment of the objectives found in Sec. 10-537. b. of this ordinance.

         (b)   Alternative minimum requirements for on-site management of stormwater discharges have been established in a stormwater management plan that has been approved by the City of Tyler and the implementation of the plan is required by local ordinance.

         (c)   Provisions are made to manage stormwater by an off-site facility. The off-site facility is required to be in place, to be designed and adequately sized to provide a level of stormwater control that is equal to or greater than that which would be afforded by on-site practices and there is a legally obligated entity responsible for long-term operation and maintenance of the stormwater practice.

         (d)   The City of Tyler finds that meeting the minimum on-site management requirements is not feasible due to the natural or existing physical characteristics of a site.

         (e)   Non-structural practices will be used on the site that reduce (i) the generation of stormwater from the site, (ii) the size and cost of stormwater storage and (iii) the pollutants generated at the site. These non-structural practices are explained in detail in the Subdivision Design Guidelines and the amount of credit available for using such practices shall be determined by the City of Tyler.

      2.    In instances where one of the conditions above applies, the City of Tyler may grant a waiver from strict compliance with these stormwater management provisions, as long as acceptable mitigation measures are provided. However, to be eligible for a variance, the applicant must demonstrate to the satisfaction of the City of Tyler that the variance will not result in the following impacts to downstream waterways:

         (a)   Deterioration of existing culverts, bridges, dams, and other structures;

         (b)   Degradation of biological functions or habitat;

         (c)   Accelerated streambank or streambed erosion or siltation;

         (d)   Increased threat of flood damage to public health, life, property.

      3.    Furthermore, where compliance with minimum requirements for stormwater management is waived, the applicant will satisfy the minimum requirements by meeting one of the mitigation measures selected by the City of Tyler. Mitigation measures may include, but are not limited to, the following:

         (a)   The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation. These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat,

         (b)   The creation of a stormwater management facility or other drainage improvements on previously developed properties, public or private, that currently lack stormwater management facilities designed and constructed in accordance with the purposes and standards of this ordinance,

         (c)   Monetary contributions (Fee-in-Lieu) to fund stormwater management activities such as monitoring of stormwater management practices or funding capital improvement projects.

   b.   Fee in Lieu of Stormwater Management Practices.

   Where the City of Tyler waives all or part of the minimum stormwater management requirements, or where the waiver is based on the provision of adequate stormwater facilities provided downstream of the proposed development, the applicant shall be required to pay a fee in an amount as determined by the City of Tyler.

   When an applicant obtains a waiver of the required stormwater management, the monetary contribution required shall be in accordance with a fee negotiated with and established by the City of Tyler, and based on the cubic feet of storage required for stormwater management of the development in question. All of the monetary contributions shall be credited to the City of Tyler stormwater utility fund, and shall be made by the developer prior to the issuance of any building permit for the development.

   c.   Dedication of land

In lieu of a monetary contribution, an applicant may obtain a waiver of the required stormwater management by entering into an agreement with the City of Tyler for the granting of an easement or the dedication of land by the applicant, to be used for the construction of an off-site stormwater management facility. The agreement shall be entered into by the applicant and the City of Tyler prior to the recording of plats or, if no record plat is required, prior to the issuance of the building permit. (Ord. No. 0-2011-45; 6/8/2011)

   b.    All stormwater runoff generated from new development shall be treated to the maximum extent practicable by minimum best management practices (BMPs) before discharging directly into a jurisdictional wetland or local water body. Where such discharges are proposed, the impact of the proposal on wetland functional values shall be assessed using a method acceptable to the City of Tyler. In no case shall the impact on functional values be any less than allowed by the Army Corp of Engineers (ACE) or the appropriate State Agency responsible for natural resources.

   c.    Groundwater recharge shall be encouraged, by promoting infiltration through the use of structural and non-structural methods.

   d.    To protect stream channels from degradation, a specific channel protection criteria shall be provided as prescribed in the current stormwater design manual.

   e.    Stormwater discharges to critical areas with sensitive resources (i.e., cold water fisheries, swimming beaches, recharge areas, water supply reservoirs) may be subject to additional performance criteria, or may need to utilize or restrict certain stormwater management practices.

   f.    Certain industrial sites, as defined in the Texas Pollutant Discharge Elimination System (TPDES) general permit, are required to prepare and implement a stormwater pollution prevention plan, and shall file a notice of intent (NOI) under the provisions of the TPDES general permit. The stormwater pollution prevention plan requirement applies to both existing and new industrial sites.

   g.    Stormwater discharges from land uses or activities with higher potential pollutant loadings, known as “hotspots”, may require the use of specific structural STPs and pollution prevention practices.

   h.    Prior to design, applicants are required to consult with the City of Tyler to determine if they are subject to additional stormwater design requirements.

   i.    The calculations for determining peak flows as found in the Subdivision Design Guidelines shall be used for sizing all stormwater management practices. (Ord. No. 0-2011-45; 6/8/2011)

   a.   Minimum Best Management Practices

      The Best Management Practices to be included in the Stormwater Management Plan are shown in Table 10-542 “Post Construction Best Management Practices”. For each zoning class or land use designation, the minimum number and type of BMP required for the Stormwater Management Plan is shown.

   b.   Maintenance Agreements

   a.   Maintenance Easement

      Prior to the issuance of any Certificate of Occupancy for a Building Permit that has a stormwater management facility as one of the requirements of the permit, the applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the stormwater management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the City of Tyler, or their contractor or agent. The agreement shall also provide for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this ordinance. The easement agreement shall be recorded by the City of Tyler in the land records.

   b.   Maintenance Covenants

      Maintenance of all stormwater management facilities shall be ensured through the creation of a formal maintenance covenant that must be approved by the City of Tyler and recorded into the land record prior to a Certificate of Occupancy for a Building Permit. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts. The City of Tyler, in lieu of a maintenance covenant, may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

   c.   Requirements for Maintenance Covenants

      All stormwater management facilities must undergo, at the minimum, an annual inspection to document maintenance and repair needs and ensure compliance with the requirements of this ordinance and accomplishment of its purposes. These needs may include; removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found must be addressed in a timely manner, as determined by the City of Tyler, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the stormwater management facility.

   d.   Inspection of Stormwater Facilities

      Inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater treatment practices.

   e.   Right-of-Entry for Inspection

      When any new stormwater management facility is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer or combined sewer, the property owner shall grant to the City of Tyler the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance.

   f.   Records of Installation and Maintenance Activities

      Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least 5 years. These records shall be made available to the City of Tyler during inspection of the facility and at other reasonable times upon request.

   g.   Failure to Maintain Practices

      If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the City of Tyler, after written notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the City of Tyler shall notify the party responsible for maintenance of the stormwater management facility in writing. Upon receipt of that notice, the responsible person shall have 15 days to effect maintenance and repair of the facility in an approved manner. After written notice, the City of Tyler may assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property. (Ord. No. 0-2011-45; 6/8/2011)

   a.   Violations

      Any development activity that is commenced or is conducted contrary to this Ordinance, may be restrained by injunction or otherwise abated in a manner provided by law.

   b.   Notice of Violation

      When the City of Tyler determines that an activity is not being carried out in accordance with the requirements of this Ordinance, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:

      1.   the name and address of the owner or applicant;

      2.   the address when available or a description of the building, structure or land upon which the violation is occurring;

      3.   a statement specifying the nature of the violation;

      4.   a description of the remedial measures necessary to bring the development activity into compliance with this Ordinance and a time schedule for the completion of such remedial action;

      5.   a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

      6.   a statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen (15) days of service of notice of violation.

   c.   Stop Work Orders

      Persons receiving a notice of violation will be required to halt all construction activities. This “stop work order” will be in effect until the City of Tyler confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation within 30 days can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this ordinance.

   d.   Criminal Penalties

      In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this Ordinance shall be punished by a fine up to $2,000.00 as provided for in Chapter 1 Article I Section 1-4.

   e.   Restoration of lands

      Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within 30 days after notice, the City of Tyler may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

   f.   Holds on Occupation Permits

      Occupation permits will not be granted until corrections to all stormwater practices have been made and accepted by the City of Tyler. (Ord. No. 0-2011-45; 6/8/2011)

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. Therefore, the City Council of City of Tyler, Texas does ordain as follows:

   a.   The flood hazard areas of the city are subject to periodic inundation which may result 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.

It is the purpose of this Division to promote the public health, safety, and welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

   a.   Protect human life and health;

   h.   Insure that information is available to potential buyers concerning property in a designated flood area. (Ord. No. 0-98-91, 11/18/98)(Ord. No. 0-2015-67; 6/24/15)

In order to accomplish its purposes, this Division uses the following methods:
   a.    Restricts or prohibits uses that are dangerous to health, safety or property in times of flood or cause excessive increases in flood heights or velocities;
   b.   Requires that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
   c.   Controls the alteration of natural floodplains, stream channels and natural protective barriers, which are involved in the accommodation of floodwaters;
   d.   Controls filling, grading, dredging and other development which may increase flood damage;
   e.   Prevents or regulates the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. (Ord. No. 0-98-91, 11/18/98) (Ord. No. 0-2015-67; 6/24/15)

For purposes of this Division, the following definitions shall apply. Unless specifically defined below, words or phrases used in this Division shall be interpreted to give them the meaning they have in common usage and to give this Division its most reasonable application.

Alluvial Fan Flooding - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.

APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Appurtenant Structure - means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure

Area Of Future Conditions Flood Hazard - means the land area that could be inundated by the one percent-annual chance (100 year) flood based on future conditions hydrology.

Area Of Shallow Flooding - means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area Of Special Flood Hazard - is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.

Base Flood - means the flood having a one percent chance of being equaled or exceeded in any given year.

Base Flood Elevation (BFE) - The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a one percent chance of equaling or exceeding that level in any given year - also called the Base Flood.

Basement - means any area of the building having its floor subgrade (below ground level) on all sides.

Breakaway Wall - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

Critical Feature - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

Development - means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
Elevated Building - means, for insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Elevation Certificate - means a form provided by the Federal Emergency Management Agency for certification of flood damage prevention measures.

Existing Construction - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."

Existing Manufactured Home Park Or Subdivision - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion To An Existing Manufactured Home Park Or Subdivision - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood Or Flooding - means a general and temporary condition of partial or complete inundation of normally dry land areas from:

   (1) the overflow of inland or tidal waters; or
   (2) the unusual and rapid accumulation or runoff of surface waters from any source.

Flood Elevation Study - means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Flood Insurance Rate Map (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

Flood Insurance Study (FIS) - see Flood Elevation Study

Floodplain - means an area of land subject to inundation by a 100-year frequency flood, as shown on the flood plain map of the city.

Floodplain Management - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain Management Regulations - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Flood-Prone Area - Any land area susceptible to being inundated by water from any source (see definition of flooding).

Flood Protection System - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Flood Proofing - means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway - see Regulatory Floodway

Floodway Easement - means an easement within the flood plain as defined herein which includes a channel, plus any adjacent flood plain area that must be kept free of encroachment and obstruction in order that the one hundred year frequency flood may be conveyed without increasing the flood elevation at any point on the channel by more than one foot. For streams analyzed in detail in the Federal Flood Insurance Study, its floodways and subsequent letters of map amendment will be the criteria.

Floodway Fringe - means the portion of the area of special flood hazard not occupied by the floodway.

Functionally Dependent Use - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Highest Adjacent Grade - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic Structure - means any structure that is:

   (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or

   (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

   (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

   (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either:

      (a) By an approved state program as determined by the Secretary of the Interior or;

      (b) Directly by the Secretary of the Interior in states without approved programs.

Levee - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee System - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest Floor - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations, or successor.

Manufactured Home - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

Manufactured Home Park Or Subdivision - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mean Sea Level - means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

New Construction - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New Manufactured Home Park Or Subdivision - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

Recreational Vehicle - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory Floodway - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Riverine - means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Special Flood Hazard Area - see Area of Special Flood Hazard

Start Of Construction - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348) or successor, includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure - means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Substantial Damage - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial Improvement - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by any local official with enforcement authority and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Variance - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations, or successor.)

Violation - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5), or successor, is presumed to be in violation until such time as that documentation is provided.

Water Surface Elevation - means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord. No. 0-2015-67; 6/24/15)

This Division shall apply to all areas of special flood hazard within the jurisdiction of the City of Tyler, Texas. (Ord. No. 0-2008-130, 9/24/08) (Ord. No. 0-2015-67; 6/24/15)

The areas of special flood hazard identified by the Federal Emergency Management Agency, in a scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Smith County, Texas and Incorporated Areas", dated April 16, 2014, with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRMs and FBFMs) and any revisions thereto, are hereby adopted by reference and declared to be part of this Division. (Ord. No. 0-98-91, 11/18/98) (Ord. No. 0-2008-48; 4/23/08) (Ord. No. 0-2008-130; 9/24/08/) (Ord. No. 0-2014-8; 1/22/14) (Ord. No. 0-2015-67; 6/24/15)

A Floodplain Development Permit is required to ensure conformance with the provisions of this Division. (Ord. No. 0-98-91, 11/18/98) (Ord. No. 0-2015-67; 6/24/15)

No structure or land may be located, altered or have its use changed or earth changes made without full compliance with this Division and other applicable regulations. Ord. No. 0-98-91, 11/18/98) (Ord. No. 0-2015-67; 6/24/15)

This Division is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Division and another ordinance conflict or overlap, the more stringent restriction shall prevail. (Ord. No. 0-98-91, 11/18/98) (Ord. No. 0-2015-67; 6/24/15)

In the interpretation and application of this ordinance Division, all provisions shall be considered as minimum requirements; construed in favor of the City; and deemed neither to limit nor repeal any other powers granted under State statute. (Ord. No. 0-98-91, 11/18/98) (Ord. No. 0-2015-67; 6/24/15)

The degree of flood protection required by this Division is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On occasions, greater floods can and will occur, and flood heights may be increased by manmade or natural causes. This Division does not imply that land outside the areas of special hazards or uses permitted within such areas will be free from flooding or flood damages. This Division shall not create liability on the part of the City or any official or employee thereof for any flood damages that result from reliance on this Division or any administrative decision lawfully made hereunder. (Ord. No. 0-98-91, 11/18/98) (Ord. No. 0-2008-48; 4/23/08) Ord. No. 0-2008-130; 9/24/08) (Ord. No. 0-2015-67; 6/24/15)

The Development Services Engineer is hereby appointed the Floodplain Administrator to administer and implement the provisions of this Division and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations), or successor regulations, pertaining to floodplain management. (Ord. No. 0-98-91, 11/18/98; Ord. 0-2006-98, 11/21/06) (Ord. No. 0-2008-48; 4/23/08) (Ord. No. 0-2008-130; 9/24/08) (Ord. No. 0-2015-67; 6/24/15)

Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:
   a.    Maintain and hold open for public inspection all records pertaining to this Division.
   b.   Review permit applications to determine whether to ensure that the proposed building sites project, including the placement of manufactured homes, will be reasonably safe from flooding.
   c.   Review, approve or deny all applications for development permits required by adoption of this Division.
   d.   Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1344), or successor statutes, from which prior approval is required.
   e.   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 based on information supplied by applicant.
   f.   Notify, in riverine situations, adjacent communities and the state coordinating agency, currently the Texas Water Development Board (TWDB) and the Texas Commission on Environmental Quality (TCEQ) or successor, prior to any alteration or relocation of a watercourse and submitting evidence of such notification to the Federal Emergency Management Agency.
   g.   Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
   h.   When base flood elevation data have not been provided in accordance with Sec. 10-556 the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source in order to administer the provisions of Secs. 10-566 through 10-572.
   i.   When regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements or other development (including fill) shall be permitted within Zones A1-30 and AE on the City's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 
   j.   Under the provisions of 44 CFR Chapter 1, Section 65.12 of the National Flood Insurance Program regulations or successor, a community may approve certain development in Zones A1-30, AE, and AH on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first completes all of the provisions required by Section 65.12 or successor. (Ord. No. 0-98-91, 11/18/98; 0-2006-98, 11/21/06) (Ord. No. 0-2008-48; 4/23/08) (Ord. No. 0-2008-130; 9/24/08) (Ord. No. 0-2015-67; 6/24/15)

   a.   Application for a development permit shall be presented to the Floodplain Administrator on City forms and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alternations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following is required:
      1. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;
2. Elevation, in relation to mean sea level, to which any nonresidential structures shall be flood proofed;
3. A certificate from a registered professional engineer or architect that the nonresidential flood proofed structure shall meet the flood proofing criteria of Sec. 10-567.b.

      4. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and
      5. Maintain a record of all such information in accordance with Sec.10-563.a.
   b.    Approval or denial of a Floodplain development permit by the Floodplain Administrator shall be based on this Division and the following relevant factors:
      1. The danger to life and property due to flooding or erosion damage;
      2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
      3. The danger that materials may be swept onto other lands to the injury of others;
      4. The compatibility of the proposed use with existing and anticipated development;
      5. The safety of access to the property in times of flood for ordinary and emergency vehicles;
      6. 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 sewer, gas, electrical and water systems;
      7. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and effects of wave action, if applicable, expected at the site;
      8. The necessity to the facility of a waterfront location where applicable;
      9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
      10. The relationship of the proposed use to the comprehensive plan for that area. (Ord. No. 0-98-91, 11/18/98) (Ord. No. 0-2015-67; 6/24/15)

   a.   The Construction Board of Adjustment and Appeals (the Board) shall hear and render judgment of requests for variances from the requirements of this division.
   b.   The board 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 Division.
   c.   Any person(s) aggrieved by the decision of the Board may appeal such decision to a court of competent jurisdiction.
   d.   The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.
   e.   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 the remainder of this Division.
   f.   Variances may be issued for new construction and substantial improvements to be erected on a lot on one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Sec. 10-564.b. have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
   g.   Upon consideration of the factors noted above and the intent of this Division, the board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance as set forth in Sec.10-552.
   h.   Variances may not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
   i.   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. Also, any repair or rehabilitation to a structure that has been designated as a Tyler Historic Landmark must comply with any applicable Certificate of Appropriateness or other applicable requirements in the historic preservation regulations in Article XI. of this Code.
   j.   Prerequisites for granting variances:
      1.   Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
      2.   Variances may only be issued upon (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing ordinances.
3.   Any applicant to whom a variance is granted shall be given written notice 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.
      3.   Any applicant to whom a variance is granted shall be given written notice 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.
   k.   Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:
      1.   the criteria outlined in Sec. 10-565.a. through k. are met; and
      2.   the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. No. 0-98-91, 11/18/98) (Ord. No. 0-2015-67; 6/24/15)

In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements:
   a.   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 hydrodynamic and hydrostatic loads, including the effects of buoyancy;
   b.   All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
   c.   All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
   d.   All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during flooding;
   e.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
   f.   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and   g.   On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. No. 0-98-91, 11/18/98)

In all areas of special flood hazards where base flood elevation data have been provided as set forth in sections 10-556, 10-563.h., and 10-566 the following are required:
   a.   Residential construction
      New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to one foot above the base flood elevation. A registered professional engineer or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection is satisfied and that the standard of this subsection as proposed in Sec. 10-564.a. is satisfied.
   b.   Nonresidential construction
      New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to one foot above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level 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. A registered professional engineer or architect shall develop and/or review design, specifications, and plans for the construction and shall certify that the design and methods of construction are in accordance with this subsection. A record of such certification, which includes the specific elevation in relation to mean sea level to which such structures are flood proofed, shall be maintained by the floodplain administrator.
   c.   Enclosures
      New construction and substantial improvements with fully enclosed areas below the floor that are subject to flooding shall be designed to equalize automatically the hydrostatic flood forces on exterior walls by allowing for entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
      1.   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.
      2.   The bottoms of all openings shall be no higher than one foot above grade.
      3.   Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit automatic entry and exit of floodwaters.
   d.   Manufactured homes
      1.   All manufactured homes to be placed within Zone A shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and 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.
      2.   Require that manufactured homes to be placed or substantially improved within Zones A1-30, AH, and AE on the City's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
      3.   Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE on the City's FIRM that are not subject to paragraph d.1. and d.2. of this section be elevated so that either:
         a)   the lowest floor of the manufactured home is at or 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 anchored foundation system to resist flotation, collapse, and lateral movement.
   e.   Recreational Vehicles
      1.      Require that recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either:
         a)   be on the site for fewer than 180 consecutive days,
         b)   be fully licensed and ready for highway use, or   
         c)      meet the permit requirements of Section 10-564.a. and the elevation and anchoring requirements for "manufactured homes" in subsection (d) of this section.
      2.      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. (Ord. No. 0-98-91, 11/18/98) (Ord. No. 0-2015-67; 6/24/15)

   a.   All subdivision proposals including manufactured home parks and subdivisions shall be consistent with Secs. 10-551, 10-552, and 10-553 of this Division.
   b.   All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Secs. 10-557, 10-564, and 10-566 through 10-573 of this Division.
   c.   Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 30 lots or three acres, whichever is lesser, if not otherwise provided pursuant to Secs. 10-556 or 10-563.h. of this Division.
   d.   All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
   e.   All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewers, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. (Ord. No. 0-98-91, 11/18/98)(Ord. No. 0-2015-67; 6/24/15)

Floodways located within areas of special flood hazard established in Sec. 10-556 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 shall apply:
   a.    Encroachments are prohibited, including fill, new construction, substantial improvements, and other developments unless certification by a professional registered engineer or architect is provided demonstrating that encroachments will not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
   b.   If paragraph a. above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Secs. 10-566 through 10-569. (Ord. No. 0-98-91, 11/18/98)
   c.   Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, or successors, the City may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the City first completes all of the provisions required by Section 65.12 or successor. (Ord. No. 0-2015-67; 6/24/15)

   a.   The City's participation in controlling flooding and erosion within creeks and drainage courses is hereby established as follows:
      1.   Creek clearing and cleaning: If the City deems a project practical, economical and in the best interest, the City shall provide the equipment and labor for clearing, dredging and hauling materials such as brush, trees and other rubbish and debris from the creek bottom. This will be done at no expense to the property owners.
      2.   Drainage improvement project initiations:
         (a)   The City, upon petition of a majority of the involved property owners and approval of the project, may survey, design, and provide for construction of improvements to the drainage course in accordance with established City criteria.
         (b)    A work order for construction of improvements may be issued after completion of arrangements for the financing of this project.
         (c)    Upon agreement by 100 percent of the involved property owners, completion of the following shall be considered adequate: Execution of mechanic's lien contracts by all participants to secure payment of the property owners' share or payment in advance of the property owners' entire share.
         (d)    Upon agreement of less than 100 percent of the property owners, the City Council may, if it deems the project in the public interest, proceed to convene a public hearing and establish assessments in accordance with state law against the property improved by the project.
   b.   Cost Distribution
      1.   Contract jobs. A portion of the costs of said improvements will be assessed to abutting property owners on the following basis:
         (a)   When the creek is on common lot line:
            1)   Property owners shall be responsible for payment of a maximum one-third of the cost of improvements abutting the property.
            2)   The City shall be responsible for the cost of the balance of the contract.
         (b)   When the creek lies across single property:
            1)   If the City determines that said improvements would allow subdivision of the property into two or more lots, each capable of separate development, the property owners shall be responsible for payment of a maximum of two-thirds of the cost of improvements.
            2)   If the City determines that the improvements serve only to join inaccessible portions to the remainder of the lot, the property owner shall be responsible for a maximum of one-half of the cost of improvements.
      2.   Project in which work is done by City crews. The following are examples of methods of allocating participation in drainage improvements which are constructed in whole or in part by City crews. The following list illustrates common means of sharing participation which result in cost distributions very near that expressed in the policy for contract jobs in subsection b.1(b)(1) above. It is not intended to preclude other types of participation where special conditions warrant. The City Council will determine on a case-by-case basis whether such allocations of cost or effort are appropriate:
         (a)   The City provides equipment and labor, while the property owner pays for the concrete necessary to cover the bottom of an improved creek channel.
         (b)   The property owner pays for and constructs the sidewalls of the channel, while the City provides labor, equipment and pays for materials to be placed in the bottom of the channel.
         (c)   The City provides equipment and labor for the installation of pipe. The cost of the pipe is charged back to the adjacent property owners.
      3.   If the property owner wishes to participate in a project in which costs are allocated in accordance with subsection b. 1(b)(2) above, the following apply:
         (a)   The property owner shall make written request to the City engineer for a study prior to securing materials.
         (b)   Upon approval of the project, the property owner will be notified as to scheduling of work.
         (c)   Material furnished must be approved by the City Engineer, delivered to the job site, and the City notified of such delivery before the date agreed upon for beginning work. In the event of any delay in the receipt of materials, the City must be notified so that the project may be rescheduled. Failure to supply materials properly or notify the City may result in the project being bypassed or deleted altogether.
      4.   Unless other financial arrangements are approved by the City Council, the property owners' pro rata cost for improvements may be payable to the City in five successive annual payments, the first being due upon notice by the City of acceptance of the work.
      5.   A time differential charge of eight percent annual interest on the unpaid balance shall be added to any installment contract pursuant to this Division.
   c.   Easements
No work of any nature shall be performed until written drainage easements, approved by the Legal Department, are granted to the City. When easements are provided at no cost, that contribution may offset the assessments described above.
   d.   Materials and Workmanship
All work shall be in accordance with City plans and specifications.
   e.   Limitations
      1.   It is the intent of this policy to provide relief from flooding, erosion and health hazards beyond the scope of normal homeowner maintenance to developed residential properties.
      2.   Nothing in this policy shall be construed as authorizing City participation in the development of private property for resale or the improvement of commercial property.
      3.   The City reserves the right to refuse to participate in any project deemed to be impractical, uneconomical, or otherwise not in the City's best interest.
      4.   The City reserves the right to establish priorities for rescheduling work to be done. (Ord. No. 0-98-91, 11/18/98) (Ord. No. 0-2015-67; 6/24/15)

If any section, clause, sentence, or phrase of this Division is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Division. (Ord. No. 0-2015-67; 6/24/15)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Division and other applicable regulations. Any violation of the provisions of this Division or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) is unlawful and shall the subject the violator to a penalty as set forth in Section 1-4. Nothing herein contained shall prevent the City of Tyler from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. No. 0-2015-67; 6/24/15)