HomeMy WebLinkAboutOrdinance - 2025-O0025 - Amend Chapter 39.04.014, COL Code, Maintenance Of Drainage Easements - 02/25/2025First Reading
February 11, 2025
Item No. 5.6
Second Reading
February 25, 2025
Item No. 5.7
ORDINANCE NO. 2025-00025
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE
(ORDINANCE NO. 2023-00054), AMENDING SECTIONS 39.04.014 AND 39.10.002
REGARDING STORMWATER DRAINAGE AREA MAINTENANCE AND
EASEMENTS AND TO ADD A DEFINITION INCLUDED IN AMENDMENTS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
WHEREAS, since the adoption of the Unified Development Code ("UDC") of the City
of Lubbock, Ordinance No. 2023-00054, city staff has been receiving feedback from the
community regarding various changes that were adopted as part of the UDC and the effect some
of the changes have in practice as new development under the UDC is taking place; and
WHEREAS, the City of Lubbock is responsible for the oversight of the city's stormwater
system and the permit for said system, the Municipal Separate Storm Sewer System (MS4), issued
by the Texas Commission on Environmental Quality (TCEQ); and
WHEREAS, as part of said oversight, city staff finds this amendment necessary in order
to thoroughly delineate some of the maintenance responsibility for certain drainage areas, as well
as require easements for those drainage areas;
WHEREAS, the City Council of the City of Lubbock finds it in best interest of
citizens of Lubbock to adopt the following amendments to the UDC herein; N!
THEREFORE:
BE IT ORDAINED BY THE, CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 39.04.014 of the UDC, City of Lubbock, Texas (1
No. 2023-00054) is hereby amended by adding section 39.04.014(k) which shall read:
k. Maintenance and Easement. When a cul-de-sac, dead-end street, or drainage
easement abuts another lot or tract, the subdivider shall record an easement for the drainage
area(s) in which the subdivider/owner retains the perpetual responsibility for keeping the
easement area free of debris and sediment, mowed, and at the correct grade in order that the
stormwater flow shall be maintained as designed.
The easement herein shall be a minimum of ten (10) feet, unless the Design Engineer makes a
determination that a larger easement is necessary for the drainage plan for the subdivision, and
shall be adjacent to the street, alley, or property line. The required easement shall be shown on
the face of the plat.
SECTION 2. THAT Section 39.10.002 of the UDC, City of Lubbock, Texas is hereby
amended by adding the following definition in alphabetical order, which shall read:
Design Engineer means the professional engineer responsible for the design of water, sewer,
paving and/or drainage improvements.
SECTION 3. THAT a violation of any provision of this Ordinance shall be deemed
misdemeanor punishable in accordance with state law and Section 1.01.004 of the Code
Ordinances of the City of Lubbock.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of thi
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinanc
shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication of
descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on
February 11, 2025
Passed by the City Council on second readin on February 25, 2025
ARK W. MCBRIYER, MAYOR
ATTEST:
Courtney Paz, City Secretary
APPROVED AS TO CONTENT:
-6�1 'C 0,
Erik Rejino, Assistant City Manager
AP ROVED AS TO FORM:
is - ----
elli Leisure, Senior Assistant City Attorney
Ccdocs:HOrdinance Amending UDC stormwater drainage area maintenance
1.31.25
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