HomeMy WebLinkAboutOrdinance - 2019-O0166 - Amending Chapter 22 - Align With Drainage Criteria Manual & Master Drainage Plan - 12/03/2019 First Reading Second Reading
November 19, 2019 December 3, 2019
Item No. 6.9.1 Item No. 7.6
ORDINANCE NO. 2019-0(1166
AN ORDINANCE AMENDING CHAPTER 22 "UTILITIES", ARTICLE 22.11
"STORMWATER REGULATIONS"; AND CHAPTER 30 "LAKES, WATERWAYS AND
FLOODPLAINS"; AND CHAPTER 38 "SUBDIVISIONS" OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, IN ORDER TO ALIGN ORDINANCES WITH THE
NEWLY ADOPTED 2019 DRAINAGE CRITERIA MANUAL AND MASTER DRAINAGE
PLAN; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING
FOR PUBLICATION.
WHEREAS, at its regularly scheduled City Council meeting on November 19, 2019, the
City Council of the City of Lubbock adopted the revised 2019 Drainage Criteria Manual
("DCM") and the Master Drainage Plan ("MDP") through Resolution No. 201 o-u n� ; and
WHEREAS, with the adoption of the revised DCM and MDP, numerous provisions of
the Code of Ordinances of the City of Lubbock need amendment in order to align with said
adopted manual and plan; and
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best interest
of the citizens of Lubbock to make the following amendments to Article 22.11, Chapter 30, and
Chapter 38 of the Code of Ordinances of the City of Lubbock;NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Article 22.11, Section 22.11.004 of the Code of Ordinances of the
City of Lubbock, Texas, is hereby amended to read as follows:
Sec.22.11.004 Definitions
Unless a provision explicitly states otherwise,the following terms and phrases, as used in this
article, shall have the meanings hereinafter designated.
Best mann ement practices (BMP). Schedules of activities, prohibitions of practices,
maintenance procedures,and other management practices to prevent or reduce the pollution of
waters of the United States. BMPs also include treatment requirements, operating procedures,
and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw material storage.
CU. The City of Lubbock, Texas, or the City Council of Lubbock.
Commercial. Pertaining to any business, trade, industry, or other activity engaged in for profit.
Commencement ofconstruclion. The initial disturbance of soils associated with clearing, grading,
or excavating activities or other construction-related activities (e.g., stockpiling of fill material,
demolition).
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Construction activity. Construction activities including clearing, grading, and excavating that are
subject to TPDES general construction permits. It does not include routine maintenance that is
performed to maintain the original line and grade, hydraulic capacity, and original purpose of a
ditch, channel, or other similar stormwater conveyance. Additionally, it does not include the
routine grading of existing dirt roads, asphalt overlays of existing roads,the routine clearing of
existing right-of-ways, and similar maintenance activities.
Construction discharge. The drainage, release,or disposal of pollutants in stormwater and certain
non-stormwater from areas where soil disturbing activities (e.g., clearing,grading, excavation,
stockpiling of fill material, and demolition), construction materials or equipment storage or
maintenance (e.g., fill piles, borrow area, concrete truck washout, fueling), or other industrial
stormwater directly related to the construction process (e.g., concrete or asphalt batch plants)are
located.
Construction site. Any construction site required by the Clean Water Act to operate within the
limits of a TPDES permit to discharge stormwater associated with construction activity.
Discharge. Any addition or introduction of any pollutant, stormwater, or any other substance
whatsoever into the municipal separate storm sewer system (MS4)or into waters of the United
States. This includes, but is not limited to, household hazardous waste, used motor vehicle fluids,
and collected quantities of grass clippings, leaf litter, and animal wastes.
Discharge. Any person who causes, allows, permits, or is otherwise responsible for, a discharge,
including, without limitation, any operator of a construction site or industrial facility.
Domestic sewyge. Human excrement, gray water(from household drains, bathing, showers,
dishwashing, and food preparation) and waterborne waste normally discharged from the sanitary
conveniences of dwellings(including apartment houses and hotels), office buildings,factories,
and institutions, that is free from industrial waste.
Drainage criteria manual. That manual adopted and approved by the city council that establishes
requirements for drainage plans,drainage analyses, drainage design, and construction in newly
developing or redeveloping areas.
_Environmental Protection Agency(y EPA). The United States Environmental Protection Agency,
the regional office thereof,any federal department, agency, or commission that may succeed to
the authority of the EPA,and any duly authorized official of EPA or such successor agency.
Extremely hazardous substance. Any substance listed in the appendices to 40 CFR part 355,
Emergency Planning and Notification, as amended, or its successor rule.
Facilily. Any building, structure, installation, process, industrial facility, construction site or
activity required by the Clean Water Act to have a permit to discharge stormwater associated
with industrial or construction activity.
Fats, oils. and greases (FOG). Means organic polar compounds derived from animal and/or
plant sources that contain multiple carbon chain triglyceride molecules. These substances are
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detectable and measurable using analytical test procedures established in 40 CFR 136, as may be
amended from time to time. All are sometimes referred to herein as"grease" or"greases."
Final stabilization. The status when all soil disturbing activities at a site have been completed,
and a uniform perennial vegetative cover with a density of at least 70%of the native background
vegetative cover for unpaved areas and areas not covered by permanent structures has been
established, or equivalent permanent stabilization measures (such as the use of riprap gabions, or
geotextiles) have been employed.
Fire department. The Fire Department of the City of Lubbock, or any duly authorized
representative thereof.
Flood insurance rate map (FIRM). An official map of a community on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard areas and
other flood areas and the risk premium zones applicable to the community.
Ground eater infiltration. Means uncontaminated ground water that enters an MS4(including
storm sewer service connection and foundation drains) from the ground by way of defective
pipes, pipe joints, connections, or manholes.
Harmful quantity. The amount of any substance that will cause pollution of surface water in the
state, waters of the United States, the municipal stormwater drainage system, or that will present
or may present imminent and substantial damage to the environment or to the health or welfare
of persons.
Hazardous household m1aste (HI-1W). Any material generated in a household (including single and
multiple residences,hotels and motels, bunk houses, ranger stations, crew quarters, camp
grounds, picnic grounds, and day-use recreational areas)which, except for any exclusion
provided in 40 CFR part 261.4(b)(1), would be classified as a hazardous waste under 40 CFR
part 261.
Hazardous substance. Any substance listed in table 302.4 of 40 CFR part 302.
Hazardous waste. Any substance identified or listed as a hazardous waste by the EPA pursuant to
40 CFR part 261.
Hazardous wasle treatment, disposal, and recovery facility. All contiguous land, and structures,
other appurtenances and improvements on the land, used for the treatment, disposal, or recovery
of hazardous waste.
Illicit connections. Any manmade conveyance connecting an illicit discharge directly to a
municipal separate storm sewer.
Illicit discharge. Any discharge to a municipal separate storm sewer that is not composed entirely
of stormwater, except discharges pursuant to an NPDES or TPDES permit(other than the
NPDES or TPDES permit for certain discharges from the municipal separate storm sewer),
discharges resulting from fire fighting activities,and other allowable non-stormwater discharges
detailed in section 22.11.031(b)(1)—(16).
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Industrial facility. Any facility required by the Clean Water Act to have a permit to discharge
stormwater associated with industrial activity subject to TPDES industrial permits as defined in
40 CFR part 122.26 (b)(14).
Industrial waste. Any waterborne liquid or solid substance that results from any process of
industry, manufacturing, mining, production, trade, or business.
Lake area. That part of any stormwater lake area within the corporate limits or in the
extraterritorial jurisdiction of the city, the perimeter of which has been established by the city
engineer at substantially the overflow elevation for overflow playas and the 500-year, 24-hour
predicted peak water surface elevation for non-overflow playas. The lake area can either reside in
its natural state or be modified through a cut and fill plan.
Master drainage plan. That plan adopted and approved by the city council that establishes the
regulatory water surface elevation for playa lakes and rates of overflow between lakes for certain
areas studied within the corporate limits of the city and certain areas within the city's
extraterritorial jurisdiction.
Maximum extent practicable (MLP). The technology-based discharge standard form MS4
established by section 402(p)of the Federal Clean Water Act.
Mobile wash cleaning. Any cleaning done for cosmetic purposes with the use of a mobile wash
apparatus. It does not include industrial cleaning, cleaning associated with manufacturing
activities, hazardous or toxic waste cleaning, or any cleaning otherwise regulated under federal,
state, or local laws.
Municipal landfill (or landfill). An area of land or an excavation in which municipal solid waste
is placed for permanent disposal, and which is not a land treatment facility, a surface
impoundment, an injection well, or a pile (as these terms are defined in regulations promulgated
by the Texas Water Commission).
Municipal separate storm sewer system (MS4). The system of conveyances (including roads with
drainage systems, municipal streets, alleys, catch basins, curbs, gutters,ditches, manmade
channels, or storm drains)owned and operated by the city and designed or used for collecting or
conveying stormwater, and which is not used for collecting or conveying sewage.
Municipal solid waste. Solid waste resulting from or incidental to municipal, community,
commercial, institutional, or recreational activities, including but not limited to garbage, rubbish,
ashes, street debris, dead animals, abandoned automobiles, and other solid waste other than
industrial solid waste.
NPDLS permit. A permit issued by EPA (or by the state under authority delegated pursuant to 33
USC section 1342(b)) that authorizes the discharge of pollutants to waters of the United States,
whether the permit is applicable on an individual, group, or general area-wide basis.
Notice of chane (NOO. Written notification to the executive director of TCEQ from a
discharger authorized under the industrial general permit or the construction general permit,
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providing changes to information that was previously provided to the TCEQ in a notice of intent
form.
Notice of intent (NOI). The notice of intent for stormwater discharges that is required by either
the industrial general permit or the construction general permit.
Notice of termination (NOT). The notice of termination for stormwater discharges that is required
by either the industrial general permit or the construction general permit.
Oil. Any kind of oil in any form, including, but not limited to, petroleum, fuel oil or crude oil
which is liquid at standard conditions of temperature and pressure, sludge,oil refuse, and oil
mixed with waste.
Operator. The person or persons associated with a large or small construction activity that is
either a primary or secondary operator as defined below:
Primary operator. The person or persons associated with a large or small construction
activity that meets either of the following two criteria: (1) the person or persons have
operational control over construction plans and specifications, including the ability to
make modifications to those plans and specifications; or (2) the person or persons
have day-to-day operational control of those activities at a construction site that are
necessary to ensure compliance with a stormwater pollution prevention plan (SWP3)
for the site or other permit conditions (e.g., they are authorized to direct workers at a
site to carry out activities required by the SWP3 or comply with other permit
conditions).
Secondary operator. The person whose operational control is limited to the
employment of other operators or to the ability to approve or disapprove changes to
plans and specifications. A secondary operator is also defined as a primary operator
and must comply with the permit requirements for primary operators if there are no
other operators at the construction site.
Owner. The person who owns a facility or part of a facility.
Person. Any individual,partnership, co-partnership, firm, company, corporation, association,
joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal
representatives, agents, or assigns. This definition includes all federal, state, and local
governmental entities.
Playa or pla a� lake. Any of several naturally occurring broad, shallow, roughly circular
depressions of varying sizes and depths that serve as natural detention basins for stormwater
flows within the city or its extraterritorial jurisdiction (ETJ). (See lake area.)
Pollutant. Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions,chemical waste, biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt, and industrial, municipal, or agricultural waste
discharged into water. The term "pollutant" does not include tail water or runoff water from
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irrigation or rainwater runoff from cultivated or uncultivated range land, pasture land, and farm
land.
Pollution. The alteration of the physical,thermal,chemical, or biological quality of, or the
contamination of,any water in the state that renders the water harmful,detrimental,or injurious
to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or
impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
Re elated activity. Activity occurring at an industrial facility or construction site, which qualifies
the facility or site to acquire a permit to discharge stormwater under the Clean Water Act.
Reportable quantity(RQ). For any"hazardous substance,"the quantity established and listed in
table 302.4 of 40 CFR part 302; for any"extremely hazardous substance,"the quantity in 40 CFR
part 355 and listed in appendix A thereto.
Sanitary SG'NlG'1" (or sewer
1. The system of pipes, conduits,and other conveyances which carry
industrial waste and domestic sewage from residential dwellings,commercial buildings,
industrial and manufacturing facilities, and institutions, whether treated or untreated, to the city
sewage treatment plant (and to which stormwater, surface water, and groundwater are not
intentionally admitted).
Septic tank waste. Any domestic sewage from holding tanks such as vessels,chemical toilets,
campers, trailers, and septic tanks.
Sewage (or sanitary sewage1. The domestic sewage and/or industrial waste that is discharged
into the city sanitary sewer system and passes through the sanitary sewer system to the city
sewage treatment plant for treatment.
Site. The land or water area where any facility or activity is physically located or conducted,
including adjacent land used in connection with the facility or activity.
Small construction activity. Construction activities including clearing, grading, and excavating
that result in land disturbance of equal to or greater than one (1)acre and less than five (5) acres
of land. Small construction activity also includes the disturbance of less than one (1) acre of total
land area that is part of a larger common plan of development or sale if the larger common plan
will ultimately disturb equal to or greater than one (1)and less than five (5) acres of land. Small
construction activity does not include routine maintenance that is performed to maintain the
original line and grade, hydraulic capacity, or original purpose of the site(e.g.,the routine
grading of existing dirt roads, asphalt overlays of existing roads,the routine clearing of existing
right-of-ways, and similar maintenance activities.)
State. The State of Texas.
Stormwater. Stormwater runoff, snow melt runoff, and surface runoff and drainage.
StormN,ater detention basin. An area dedicated for the primary use of stormwater impoundment.
Undeveloped open space activities may also exist. Stormwater detention basins may be under
public or private ownership.
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Stormwater discharge associated with industrial activity. The discharge from any conveyance
which is used for collecting and conveying stormwater, and which is directly related to
manufacturing,processing, or raw material storage areas at an industrial plant which is within
one or more of the categories of facilities listed in 40 CFR part 122.26(b)(14), and which is not
excluded from EPA's definition of the same term.
Stormwater engineer. The person appointed to the position of stormwater engineer,the City
Engineer, or his/her duly authorized representative(s).
Stormwater pollution prevention plan (SWP3). A plan required by either the construction general
permit or the industrial general permit, and which describes and ensures the implementation of
practices that are to be used to reduce the pollutants in stormwater discharges associated with
construction or other industrial activity at the facility.
Surface water in the state (or water). Lakes, bays, ponds, impounding reservoirs, springs, rivers,
streams, creeks,estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the
territorial limits of the state (from the mean high water mark (MHWM)out 10.36 miles into the
Gulf), and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt,
navigable or non-navigable, and including the beds and banks of all water-courses and bodies of
surface water, that are wholly or partially inside or bordering the state or subject to the
jurisdiction of the state; except that waters in treatment systems which are authorized by state or
federal law, regulation, or permit, and which are created for the purpose of waste treatment are
not considered to be water in the state.
Texas Commission on Environmental Quality(TCEO). The environmental agency for the state.
TPDES general permit for stormwater discharges associated with industrial activity (or
multisector general permit). The multisector general permit issued by the TCEQ on August 14,
2006 as TPDES General Permit No. TXR050000, and any subsequent modifications or
amendments thereto.
TPDES general permit for stormwater discharges associated with construction activity (or
construction general permit). The construction general permit issued by the TCEQ on March 5,
2003 as TPDES General Permit No. TXR150000,and any subsequent modifications or
amendments thereto.
Used oil (or used motor oil). Any oil that has been refined from crude oil, or synthetic oil, that, as
a result of use, storage, or handling, has become unsuitable for its original purpose because of
impurities or the loss of original properties but that may be suitable for further use and is
recyclable in compliance with state and federal law.
Wastewater. Spent or used water with dissolved or suspended solids, that has been discharged
from homes, commercial establishments, farms, or industries.
Water quality slandard. The designation of a body or segment of surface water in the state for
desirable uses and the narrative and numerical criteria deemed by the state to be necessary to
protect those uses, as specified in chapter 307 of title 31 of the Texas Administration Code.
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Waters of the United States. All waters which are currently used, were used in the past, or may be
susceptible to use in interstate or foreign commerce, including all waters which are subject to the
ebb and flow of the tide; all interstate waters, including interstate wetlands; all other waters such
as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes,or natural ponds that the use, degradation, or
destruction of which would affect or could affect interstate or foreign commerce including any
such waters: (1) which are or could be used by interstate or foreign travelers for recreational or
other purposes; (2) from which fish or shellfish are or could be taken and sold in interstate or
foreign commerce; or(3)which are used or could be used for industrial purposes by industries in
interstate commerce; all impoundments of waters otherwise defined as waters of the United
States under this definition; all tributaries of waters identified in this definition; all territorial sea;
and all wetlands adjacent to waters (other than waters that are themselves wetlands) identified in
this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet
the requirements of CWA (other than cooling ponds as defined in 40 CFR part 423.11(m) which
also meet the criteria of this definition)are not waters of the United States. This exclusion
applies only to manmade bodies of water which neither were originally created in waters of the
United States (such as disposal area in wetlands) nor resulted from the impoundment of waters of
the United States. Waters of the United States do not include prior converted cropland.
Notwithstanding the determination of an area's status as prior converted cropland by any other
federal agency, for the purposes of the Clean Water Act,the final authority regarding Clean
Water Act jurisdiction remains with the EPA. Any waters within the federal definition of"waters
of the United States"at 40 CFR part 122.2.
Wetland. An area that is inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas.
SECTION 2. THAT Article 30.01, Section 30.01.001 of the Code of Ordinances of the
City of Lubbock, Texas, is hereby amended to read as follows:
Sec.30.01.001 Definitions
Unless specifically defined below, words and phrases used in this chapter shall be interpreted to
give them the meanings they have in common usage and to give this chapter its most reasonable
application.
Alluvial fan flooding. 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. 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.
peal. A request for a review of the floodplain administrator's interpretation of any provision of
article 30.03 or a request for a variance.
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Area of'shallow flooding. A designated AO, 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
one to three (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. 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 ratemaking has been completed in
preparation for publication of the FIRM, zone A usually is refined into zone A, AE, AI I, AO,
Al-99, VO, V 1-30, VE or V.
Base flood. The flood having a one-percent chance of being equaled or exceeded in any given
year.
Base flood elevation OFEZ. The elevation shown on the flood insurance rate map (FIRM)and
found in the accompanying flood insurance study(FIS) for zones A, AE, AH, A 1-A30, AR, V 1-
V30, or VE that indicates the water surface elevation resulting from the flood that has a I%
chance of equaling or exceeding that level in any given year-also called the base flood.
Basement. Any area of the building having its floor subgrade (i.e., below ground level)on all
sides.
City engineer. The city engineer of the City of Lubbock or his or her designee.
QU manager. The city manager of the City of Lubbock or his or her designee.
Critical feature. 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. Any manmade change in improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operations or storage of equipment or materials.
Drainaze criteria manual. The manual adopted and approved by the city council that establishes
requirements for drainage plans, drainage analyses, drainage design and construction in newly
developing or redeveloping areas.
Elevated building. A nonbasement building: (1) built, in the case of a building in zones Al-30,
AE, A, A99, AO, AH, B, C, X and D,to have the top of the elevated floor,or in the case of a
building in zones V1-30, VE and V,to have the bottom of the lowest horizontal structural
member of the elevated floor, elevated above the ground level by means of pilings,columns
(posts and piers) or shear walls parallel to the flow of the water; and (2) adequately anchored so
as not to impair the structural integrity of the building during a flood of up to the magnitude of
the base flood. In the case of zones A 1-30, AE,A, A99, AO, AH, B, C, X and D, elevated
building also includes a building elevated by means of fill or solid foundation perimeter walls
with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of
zones V1-30, VE and V, elevated building also includes a building otherwise meeting the
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definition of elevated building,even though the lower area is enclosed by means of breakaway
walls, if the breakaway walls meet the standards of section 60.3(e)(5)of the National Flood
Insurance Program regulations.
Existing construction. For the purposes of detennining 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 structures. For the purpose 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.
E,xistiniz manufactured home park or subdivision. 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. 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).
Facility Maintenance Agreement. The signed, written agreement between the City of Lubbock
and the party, or parties, responsible for the operation and maintenance activities of
infrastructure: including, but not limited to, keeping spaces, structures and infrastructure in
proper operating condition in a routine, scheduled, or anticipated fashion to prevent failure and/or
degradation.
Flood hazard boundary map (FI-IBM). An official map of a community where the areas within
the boundaries of special flood hazards have been designated as zone A.
Flood insurance rate map (FIRM). An official map of a community on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard areas and
other flood areas and the risk premium zones applicable to the community.
Flood insurance study. The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles and the water surface elevation of the base flood, as
well as the flood boundary-floodway map.
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation of runoff of surface waters from any
source.
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Flood protection system. 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 areas 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.
Floodplain or floodprone area. Any land area susceptible to being inundated by water from any
source (see definition of flooding).
Floodplain many ement. 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. 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.
FloodprvofinR. Any combination of structural and nonstructural 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 (regulatory floodway). 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 a designated height.
Functionally dependent use. A use which cannot perform its intended purpose unless it is located
or carried out in close proximity to water. The term includes only docking facilities,port
facilities that are necessary for the loading and unloading of cargo or passengers, and
shipbuilding and ship repair facilities, but does not include long-term storage or related
manufacturing facilities.
Hi hest adjacent grade. The highest natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
Historic structure. Any structure that is:
(1) Listed individually in the National Register of IIistoric Places (a listing
maintained by the Department of the Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the
National Register;
(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 [of the Interior] to qualify as a registered
historic district;
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(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 of 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.
Lake area. That part of any natural stormwater lake area in the city, the perimeter of which has
been established by the city engineer,and it is substantially the overflow elevation for overflow
playas and the 500-year,24-hour predicted peak water surface elevation for non-overflow playas
(reference elevation). The lake area can either reside in its natural state or be modified through a
cut and fill plan
Levee. A manmade 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. 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. The lowest floor of the lowest enclosed area(including basement). An unfinished
or flood resistant enclosure usable solely for parking of 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 nonelevation
design requirement of section 60.3 of the National Flood Insurance Program regulations.
Manufactured home. 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. Any tract of land under single ownership, eight (8)
acres or more, where accommodation is provided for nontransient manufactured home use.
Master drainage plan. That plan adopted and approved by the city council that establishes the
regulatory water surface elevation for playa lakes and rates of overflow between lakes for certain
areas studied within the corporate limits of the city and certain areas within the city's
extraterritorial jurisdiction.
Mean sea level. 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.
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National Flood Insurance Program (NFIP). A federal program enabling property owners in
participating communities to purchase insurance as a protection against flood losses in exchange
for state and community floodplain management regulations that reduce future flood damages.
New construction. 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. 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.
Non-overflow Alava. A playa with sufficient water storage capacity to contain the combined
volume of its own drainage basin as well as the volume contributed from upstream playas for the
one-hundred-year, twenty-four-hour storm event as defined in the City of Lubbock Drainage
Criteria Manual. Regulatory elevations shall be stored in the Master Drainage Plan.
Playa or playa lake. Any of several naturally occurring broad, shallow, roughly circular
depressions of varying sizes and depths that serve as natural detention basins for stormwater
flows within the city or its extraterritorial jurisdiction (ETJ). (See lake area.)
Post-FIRM. Those buildings or structures that were constructed on or after the date of the initial
FIRM. The city's initial FIRM is dated September 2, 1982.
Pre-FIRM. Those buildings or structures that were constructed before the date of the
community's flood hazard map or those buildings or structures that pre-date the initial FIRM.
Recreational vehicle. A vehicle which is built on a single chassis; measures 400 square feet or
less when measured at the largest horizontal projections; is self-propelled or permanently
towable by a light duty truck; and is designed primarily as temporary living quarters for
recreational, camping, travel,or seasonal use and not for use as a permanent dwelling. The term
shall include any travel trailer,camp trailer, pop-up or tent campers, house trailer, motor home or
house car, and any pickup camper, on or off the pickup (excluding recreational dual purpose
vehicles), except a simple shell, on the pickup, having no cooking or bath facilities. As used in
this code, the term recreational vehicle is synonymous with vacation travel trailer.
Start of construction. For other than new construction or substantial improvements under the
Coastal Barrier Resources Act, Pub. L. 97-348, this 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 one hundred
eighty (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
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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 a 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.
Storrnwaler detention basin. An area dedicated for the primary use of stormwater impoundment,
Undeveloped open space activities may also exist. Stormwater detention basins may be under
public or private ownership.
Structure. 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 (SM Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent
of the market value of the structure before the damage occurred.
Substantial improvement (SA Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the
structure before start of construction of the improvement. This 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
the local code enforcement official and which are the minimum necessary 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. A grant of relief to a person from the requirements of this chapter when specific
enforcement would result in unnecessary hardship. A variance,therefore, permits construction or
development in a manner otherwise prohibited by this chapter. (For full requirements see section
60.6 of the National Flood Insurance Program regulations.)
Violation. 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)of 44 CFR is presumed to be in violation
until such time as that documentation is provided.
Water storage capacity. The volume of stormwater which any natural stormwater lake area is
capable of holding in its natural state before any -filling, cutting or redesign.
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Water surface elevation. 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.
SECTION 3. THAT Article 30.01, Section 30.03.003(2) of the Code of Ordinances of
the City of Lubbock, Texas, is hereby amended to read as follows:
(2) Review, approve or deny all applications for floodplain development permits,
required by section 30.03.041 of this article, and determine whether proposed building sites,
including the placement of manufactured homes, will be reasonably safe from flooding.
SECTION 4. THAT Article 30.03, Division 2 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Division 2. Floodplain Development Permit
Sec.30.03.041 Required
A floodplain development permit shall be required to ensure conformance with the provisions of
this article.
Sec.30.03.042 Application
Application for a floodplain development permit shall be presented to the floodplain
administrator on forms furnished by him/her and may include, but not be limited to, plans in
duplicate drawn to scale showing the location, dimensions and elevation of proposed landscape
alterations, existing and proposed structures including the placement of manufactured homes,
and the location of the foregoing in relation to areas of special flood hazard. Additionally, the
following information is required and shall be maintained and held open for public inspection in
accordance with section 30.03.003(b)(1):
(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 structure
shall be floodproofed;
(3) A certificate from a registered professional engineer or architect that a
nonresidential floodproofed structure shall meet the floodproofing criteria of section
30.03.073(2);
(4) Description of the extent to which any watercourse or natural draina,)e will be
altered or relocated as a result of proposed development.
Sec.30.03.043 Approval or denial
Approval or denial of a floodplain development permit by the floodplain administrator shall be
based on all of the provisions of this article and the following relevant factors:
(1) The danger to life and properly due to flooding or erosion damage;
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(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 the 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.
SECTION 5. THAT Article 30.03, Section 30.03.072(b) of the Code of Ordinances of
the City of Lubbock, Texas, is hereby amended to read as follows:
(b) All proposals for the development of subdivisions, including the placement of
manufactured home parks and subdivisions, shall meet floodplain development permit
requirements of divisions 2 and 3 of this article.
SECTION 6. THAT Article 30.03, Sections 30.03.073(1)(C)&(E) of the Code of
Ordinances of the City of Lubbock, Texas, are hereby amended to read as follows:
(C) Eighteen (18) inches above the highest gutter elevation (or if no curb and gutter is
present, one foot above top of crown) of the nearest adjacent street(s);
(E) One foot above the 500-year 24-hour base flood elevation if located by a non-
overflow playa lake, whichever is greater.
SECTION 7. THAT Article 30.03, Sections 30.03.073(2)(C)&(E) of the Code of
Ordinances of the City of Lubbock, Texas, are hereby amended to read as follows:
(C) Eighteen (18) inches above the highest gutter elevation (or if no curb and gutter is
present, one foot above top of crown)of the nearest adjacent street(s);
(E) One foot above the 500-year 24-hour base flood elevation if located by a non-
overflow playa lake, whichever is greater; or together with attendant utility and sanitary
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facilities, be designed so that below the base flood level the structure is watertight with
walls substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A registered professional engineer or architect shall develop and/or review
structural design, specifications and plans for the construction, and shall certify that the
design and methods of construction are in accordance with accepted standards of practice
as outlined in this subsection. A record of such certification (floodproofing certificate),
which includes the specific elevation (in relation to mean sea level) to which such
structures are floodproofed, shall be maintained by the floodplain administrator.
SECTION 8. THAT Article 30.03, Sections 30.03.073(4)(C)(iii)&(v) of the Code of
Ordinances of the City of Lubbock, Texas, are hereby amended to read as follows:
(iii) Eighteen (18) inches above the highest gutter elevation (or if no curb and gutter is
present, one foot above top of crown) of the nearest adjacent street;
(v) One foot above the 500-year 24-hour base flood elevation if located by a non-
overflow playa lake; or
SECTION 9. TIIAT Article 30.04, Section 30.04.005 of the Code of Ordinances of the
City of Lubbock, Texas, is hereby amended to read as follows:
Sec.30.04.005 Existence of fill declared nuisance
It shall be unlawful and constitute a nuisance for any person or persons jointly or severally
owning, or having possession or control or any other interest in, any land located in any lake area
in the city to permit, allow or suffer any dirt,debris or other solid materials or objects hauled,
carried or otherwise transported from outside any such lake area, onto land within a lake area,to
remain upon the land of any such person within a lake area, and any such person who violates
any part of this provision shall be guilty of maintaining a nuisance and the City shall have the
authority to abate said nuisance in accordance with Section 34.02.
SECTION 10. THAT Article 30.04, Section 30.04.013 of the Code of Ordinances of the
City of Lubbock,Texas, is hereby amended to read as follows:
Sec.30.04.013 Fills generally
(a) The city engineer is authorized to issue permits to owners to make uniform fills in lake
areas below the overflow elevation for overflow playas and the 500-year, 24-hour elevation for
non-overflow playas (reference elevation); provided, that such fills are made by dirt excavated
from below the reference elevation, and the fills produce a ground surface above the reference
elevation, for all and in such areas intended to be improved for human habitation if the plans
therefore have been approved by the planning and zoning commission and the water-holding
capacity of the lake area is not thereby decreased. The perimeter shown on such plats of any such
lake area shall be modified by the city engineer to conform to such fills, and building permits
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may be issued when the ground surface has in fact been raised to an elevation above the reference
elevation.
(b) When the planning and zoning commission approves any plat or replat of any tract of land
in a lake area affected by the reference elevation, and such plat is supported by plans and
specifications for making uniform fills below the reference elevation by using dirt excavated
from below the reference elevation and the fills will produce a ground surface above the
reference elevation for all land intended to be improved for human habitation, and the water-
holding capacity of the lake area will not be thereby decreased, the perimeter of such lake area
plat shall be modified by the city engineer to conform thereto, and building permits may be
issued when the ground surface has in fact been raised to an elevation above the reference
elevation.
SECTION 11. THAT Article 30.04, Section 30.04.014(b) of the Code of Ordinances of
the City of Lubbock, Texas, is hereby amended to read as follows:
(b) Dedication or conveyance of a playa lake area shall comply with the requirements set forth
in section 38.07.001. At a minimum all land area below the overflow elevation for overflow
playas and the 500-year, 24-hour elevation for non-overflow playas of a lake shall be dedicated
or deeded to facilitate stormwater drainage. The subdivider shall provide a facilities maintenance
agreement to indicate which entity will be responsible for the operations and maintenance of
facilities. The subdivider shall dedicate or deed the lake land in one of the following ways:
(1) The lake area may be dedicated as a stormwater drainage and impoundment
easement, subject to approval by the planning and zoning commission, and shall meet
the requirements set forth by the drainage criteria manual and the policy for playa lake
development.
(2) The lake area may be deeded to the city for a stormwater detention basin,
subject to approval by the city council, after review and recommendation by the
planning and zoning commission, and the city engineer, and shall meet the
requirements set forth by the drainage criteria manual and the policy for playa lake
development.
(3) The lake area and additional adjacent property may be deeded to the city as a
city park, subject to approval by the city council, after review and recommendation by
the planning and zoning commission, parks and recreation board, and the city parks
and recreation department in cooperation with the city engineer. The lake area shall
meet the requirements set forth by the drainage criteria manual and the policy for
playa lake development.
SECTION 12. THAT Article 30.05, Section 30.05.004(b) of the Code of Ordinances of
the City of Lubbock, Texas, is hereby amended to read as follows:
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(b) The dumping or other placing of any dirt, debris, or other solid materials below the
indicated reference elevation in any playa lake within the extraterritorial limits of the city
shall constitute a nuisance.
SECTION 13. THAT Article 38.01, only the definition of"Lake area" of the Code of
Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows:
Lake area. That part of any stormwater lake area within the corporate limits or in the
extraterritorial jurisdiction of the city, the perimeter of which has been established by the city
engineer at substantially the overflow elevation for overflow playas and the 500-year, 24-hour
predicted peak water surface elevation for non-overflow playas. The lake area can either reside in
its natural state or be modified through a cut and fill plan.
SECTION 14. THAT Article 38.03, Sections 38.03.001(a)&(c)(16) of the Code of
Ordinances of the City of Lubbock, Texas, are hereby amended to read as follows:
(a) The preliminary plat, including a preliminary drainage analysis and map prepared in
accordance with this code and the drainage criteria manual, shall be prepared by a
surveyor or engineer and shall be presented at the planning department in
compliance with stated schedules and filing deadlines issued annually from the
planning and zoning commission.
(c) Preliminary plats shall not be placed on the planning and zoning commission agenda
for consideration unless the plat and other required documents are received by the
plats coordinator before the stated tiling deadline and meet the following
requirements:
(16) A preliminary drainage analysis and map that meets the requirements of the
drainage criteria manual of the city.
SECTION 15. THAT Article 38.05, Section 38.05.005(c) of the Code of Ordinances of
the City of Lubbock,Texas, is hereby amended to read as follows:
(c) Playa lake cut and fill plans and the excavation and embankment operations shall
comply with the requirements set forth in Section 38.07 of this code and the drainage
criteria manual unless alternatives to those requirements are approved by the city
engineer.
SECTION 16. THAT Article 38.06, Section 38.06.002(a) of the Code of Ordinances of
the City of Lubbock,Texas, is hereby amended to read as follows:
(a) At a minimum, all land area below the predicted peak water elevation of a lake as
determined by procedures outlined in the drainage criteria manual and this article
shall be dedicated to facilitate stormwater drainage. The subdivider shall provide a
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facilities maintenance agreement to indicate which entity will be responsible for the
operations and maintenance of facilities.
SECTION 17. THAT the Code of Ordinances, City of Lubbock, "Texas is hereby
amended by adding a section,to be numbered 38.06.003(a)(4):
(4) A facilities maintenance agreement shall be provided indicating which party, or
parties, will be responsible for the operations and maintenance of the facilities.
SECTION 18. THAT Article 38.06, Section 38.06.005(c) of the Code of Ordinances of
the City of Lubbock, Texas, is hereby amended to read as follows:
(c) At the beginning of any construction activity on the site, such as a lake cut and fill
or development improvements at a public use playa, signs shall be installed around the
perimeter of the lake area stating the future use of the property. The size, location, and
number of signs shall be determined by the city engineer on a case-by-case basis.
SECTION 19. THAT should any paragraph, section, clause,phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Ordinance
shall not be affected thereby.
SECTION 20. THAT a violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable in accordance with state law and Section 1.01.004 of the Code of
Ordinances of the City of Lubbock.
SECTION 21. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance as an
alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 19th day of November_, 2019.
Passed by the City Council on second reading this ;, day of -December 2019.
DANIEL M. POPE, MAYOR
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ATTEST:
0
Rebecc Garza, City Secretary
APPROVED AS TO CONTENT:
ti
Jesica McE herr, Assistant City Manager
APPROVED AS TO FORM:
A� ' ��Ywxt
I Illi Leisure, Assistant City Attorney
ccdocs//Ordnmend_DCM
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