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HomeMy WebLinkAboutOrdinance - 2008-O0038 - Amending Chapter 2; Adding Sections 2-570 -2-575; Lake Alan Henry Board Appeals - 04/10/2008First Reading April 10,. 2008 Item No. 5.19 ORDINANCE NO. 2008-o0038 Second Reading April 24,. 2008 Itea Ho. 5.18 CONSIDER AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING SECTIONS 2M 570 THROUGH 2-585, INCLUSIVE, ESTABLISHING THE LAKE ALAN HENRY BOARD OF APPEALS ("BOARD"); PROVIDING FOR THE APPOINTMENT, QUALIFICATIONS, TERMS, VACANCIES, AND REMOVAL OF THE MEMBERS OF THE BOARD; PROVIDING FOR THE PROCEDURES FOR, AND APPEALS FROM, THE BOARD; PROVIDING AND ADOPTING REGULATIONS FOR LAKE ALAN HENRY AND EASEMENTS IN FAVOR OF THE CITY OF LUBBOCK, TEXAS ADJOINING LAKE ALAN HENRY (EASEMENTS") REGARDING STRUCTURES AND FACILITIES AND EROSION CONTROL; PROVIDING FOR LEGAL NONCONFORMING STATUS OF CERTAIN STRUCTURES AND FACILITIES WITHIN THE EASEMENTS UPON THE CONDITIONS PRESCRIBED; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the health, safety and welfare of the citizens of Lubbock and the residents and users of Lake Alan Henry to establish a Lake Alan Henry Appeals Board to review requests for construction within the Lake or any easements on or above the Lake owned or in favor of the City of Lubbock; and WHEREAS, Section 341.903, Local Government Code and Section 1.07(g) of Senate Bill No. 1941, Regular Session 78th Legislature (2003) enables the City of Lubbock to establish rules and regulations regarding development pursuant to its police powers over the Lake or any easements on or above the Lake owned or in favor of the City of Lubbock; WHEREAS, rules and regulations regarding the type of structures, facilities and uses that may occur or be completed within the Restrictive Easement and Flood Easement are deemed by the City Council to benefit the citizens of the City of Lubbock in enforcing the City's rights within the Restrictive Easement and Flood Easement to preserve the Lake as a viable water supply for the citizens of the City of Lubbock and to reduce future disputes and litigation; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION l. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a new Article XII to Chapter 2, which said Article reads as follows: Sec. 2-570. Definitions. "Board" for purposes of this article shall mean the Lake Alan Henry Appeals Board. 1 "City" means the City of Lubbock, Texas. "Conveyancing Instruments" shall mean the instruments or documents to which the City was conveyed the Lake, the Flood Easement and/or the Restrictive Easement, including without limitation, the conveyancing documents executed and delivered to the City pursuant to the Memorandum. "Flood Easement" means, except as is located in Section 20, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas ("Section 20"), that area surrounding the lake from elevation 2220 feet above mean sea level to elevation 2245 feet above mean sea level, as said area is depicted by survey contained in the Conveyancing Instruments. The Flood Easement, as located in Section 20, shall be from elevation 2220 feet above mean sea level to elevation 2250 feet above mean sea level, as said area is depicted by survey in the proceedings in Cause No. 4743, 106th District Court, Garza County, Texas. "Lake" for purposes of this article shall mean Lake Alan Henry, and all lands below elevation 2220 feet above mean sea level, as depicted by survey contained in Conveyancing Instruments. "Memorandum" means that certain Memorandum of Agreement, dated April 3, 1986, by and between the city and Mr. and Mrs. Billy Wayne Williams, et al. "Permittee" means any person, party or entity receiving a permit from the city for any activity contemplated by this Ordinance. "Restrictive Easement" means that area surrounding the lake between elevation 2245 feet above mean sea level and 300 feet horizontal distance from elevation 2220 feet above mean sea level, as said 2220 feet above mean sea level elevation is surveyed in the Flood Easement, if the 300 feet horizontal distance contains a larger area of land than is contained between elevations 2220 feet and 2245 feet above mean sea level. "Structure" or "Facility" means any structure, installation, infrastructure or improvement of any kind or type, whether temporary or permanent; however, pens, gates, fences for livestock enclosure, and cattle guards are specifically and solely excepted from such definition. Sec. 2-571. Declaration of Policy. The primary purpose of Lake Alan Henry is to provide a potable municipal water supply for the City of Lubbock, Texas, and other users of the Lake or the easements owned by the City of Lubbock on or above the Lake shall not limit or interfere with the use and enjoyment of the Lake for its primary purpose by the 2 City of Lubbock. This Ordinance is intended to protect the Lake from any use which would contaminate or otherwise damage the quality of the Lake as a potable municipal water supply, and to prescribe certain activities within the Lake, Flood Easement and Restrictive Easement that are consistent with such purpose and policy. Sec. 2-572. Adoption of Regulations. Pursuant to the City's police power, the (i) Regulations for New Construction or Variance at Lake Alan Henry; and (ii) Lake Alan Henry Erosion Control Plan (collectively, the "Regulations") attached to this Ordinance as Exhibit A and Exhibit B are hereby approved and adopted and made a part of this Ordinance as if copied herein in detail. A Copy of such Regulations shall be maintained by the City for use by the public at Lake Alan Henry; the office of the City Secretary and also at the Planning Department. Sec. 2-573. Creation of Board; Purpose. There is hereby created and established a board to be known as the Lake Alan Henry Appeals Board. The purpose of the Board shall be to review applications for permits for new construction or requests for variances to existing construction Regulations within (i) the Restrictive Easement, as to matters set forth in the Regulations for New Construction or Variance; (ii) the Flood Easement and Restrictive Easement, as to matters set forth in the Lake Alan Henry Erosion Control Plan; and (iii) the Lake, as solely concerns platforms. Such applications shall be subject to regulations as are hereby adopted by the City of Lubbock for Lake Alan Henry and any easements on or above the Lake owned by the City of Lubbock. Variances to the Regulations that will not limit or interfere with the Lake's water quality or the suitability of the Lake for use as a potable municipal water supply, except to the extent as may be limited or interfered with by the prescribed activities that may be permitted by this ordinance without variance, may be approved by the Board. Sec. 2-574. Members, qualifications, tenure. The board shall be composed of seven (7) members, who shall be appointed by the City Council. Appointments shall be for a term of two (2) years or the remainder of an unexpired term. Initial appointments shall be staggered with three (3) members receiving one (1) year initial terms as determined by the drawing of lots. At least four (4) members appointed shall be resident citizens of Lubbock at the time of their appointment and during their term of office. Four members shall be property owners at Lake Alan Henry at the time of their appointment and during their term of office. In addition to the above board members, the director of water utilities (or designee) shall be an ex officio member of the board without a vote. 3 Sec. 2-575. Removal. Members of the board shall be subject to the City of Lubbock's Board and Commission Policy (Policy 8.1), as amended, with regard to replacement of members. The City Council shall be vested with full authority to remove all or any of the members of the board in the best interests of the City or members who may be found by the City Council to be in violation of City's Board and Commission policy. Sec. 2-576. Vacancies. Upon the death, resignation, removal or disqualification of any members of the board, the City Council shall appoint a person, consistent with eligibility, residency and ownership criteria prescribed by Section 2-574 to fill such vacancy who shall hold his membership on the board for the unexpired term to which he is appointed or until his successor is appointed. In the event of expiration of the term of office of any member of the board, the newly appointed member shall serve the full term oftwo (2) years. Sec. 2-577. Officers; conduct of meetings; quorum. (a) The board by majority vote shall annually during the month of December elect from among its members a chairman who shall preside over the meetings of the board and a vice-chairman who shall act for the chairman during his absence. The chairman shall not be eligible to succeed himself for more than one term. (b) The board shall adopt rules for the conduct of its meetings. The regularly scheduled meeting day and location shall be as established by the board. (c) No action shall be taken by the board except by the affirmative vote of at least four ( 4) members, which shall constitute a quorum of the board. Sec. 2-578. Personnel. No provision of this article shall be construed as delegating any authority to the board over any personnel or personnel policies and regulations. Sec. 2-579. Duties; Hearing. The Board shall review (i) applications for new construction, including without limitation, platforms; (ii) applications filed pursuant to the Lake Alan Henry Erosion Control Plan; and (iii) variances from the Regulations filed in writing with the City Planning Department. The Board shall prescribe the materials and documents to be submitted with the permit application to include, without limitation, 2 sets of site plans, plan and profile views of the proposed structure or 4 facility or work, and any materials or documents required by the Lake Alan Henry Erosion Control Plan. The Board shall conduct a preliminary review of the application. If the Board approves the application, then the Board shall issue a permit for the construction to commence immediately, subject to the right of appeal, as set forth in Section 2-580. If the Board detennines that the application should be restricted, modified or denied, then the applicant may request a hearing before the Board, which request shall be shall be made in writing within ten (10) calendar days of the Board's preliminary determination. The Board shall conduct such hearing within ten ( 1 0) calendar days after receipt of the written request for a hearing. Sec. 2-580. Appeals. An applicant aggrieved by the final decision of the Board may appeal the decision to the City Council of the City of Lubbock. In addition, the ex officio Board member or designee may appeal any decision of the Board, favorable or unfavorable to the applicant, to the City Council in the event that the ex officio Board member or designee detennines that the decision of the Board is (i) in contravention to the terms of this ordinance; and/or (ii) a variance to the terms of this ordinance and the granting of said variance is detrimental to the Lake's water quality or the use of the Lake as a potable municipal water supply. In the event of an appeal, the Board shall make a written recommendation on the application to the City Council. The City Council shall hear the appeal in the same manner as an appeal from the City Planning Commission. Sec. 2-581. Compliance Procedure. Upon issuance of a permit by authority of the Board or by appeal to the City Council, an owner may proceed to complete the requested construction. The City or its designated agent may inspect the project during construction and/or after completion to assure compliance with the permit, Regulations and/or any special conditions imposed by the Board or City Council. If the project is in compliance, the City shall issue a certificate of compliance to the property owner. If it is found not to be in compliance, the City shall advise the owner of the deficiencies and shall give the owner thirty (30) days to correct the deficiencies to the satisfaction of the City. Sec. 2-582. Records. The City shall maintain written records of all applications for new construction, minutes of the meetings of the Board, decision of the Board on all applications for new construction and, if applicable, appeals, appeal recommendations by the Board to the City Council and decisions of the City Council on appeals. 5 Sec. 2-583. Nonconforming Structures and Facilities. The use of land within the Flood Easement and/or Restrictive Easement containing a structure or facility existing at the time of the enactment of this ordinance, if desired by the owner of the land at issue, may be continued although such use does not conform with the provisions of this ordinance, so long as the owner of such land (i) is a party to that certain Compromise Settlement Agreement, incorporated in that certain Order, or othezwise bound by the certain Order, entered in Cause No. 07-05-06194, North Ridge Homeowners Association, et al., v. City of Lubbock; and (ii) files with the Director of Water Utilities, on or before September 1, 2008, a clear and unambiguous statement describing the structures or facilities, and the location of same. A nonconforming structure or facility which is damaged or partially destroyed by fire, flood, wind, explosion, earthquake or other calamity or act of God, shall not be restored or used for such purpose if the expense of such restoration exceeds seventy-five (75) per cent ofthe replacement cost of the structure or facility at the time such damage occurred. Any nonconforming structure or facility partially destroyed, as described above, may be restored provided restoration is started within twelve (12) months of the date of partial destruction and is diligently prosecuted to completion. A nonconforming structure or facility shall not be added to, expanded or extended in any way, manner or form, nor changed except to a structure or facility conforming to the terms of this ordinance and complying with all permit application requirements. If such nonconforming structure or facility or portion thereof is changed to a structure or facility conforming to the terms of this ordinance, any future use of such land shall be in conformity with this ordinance. A nonconforming structure or facility which has been abandoned shall not thereafter be returned to such nonconforming structure or facility. A nonconforming structure or facility shall be considered abandoned: (1) When the intention of the owner to discontinue the use of the structure or facility is apparent, or, (2) When the structure or facility has been removed from the premises, or, (3) When the structure or facility has been replaced by a conforming structure or facility. Land containing a nonconforming structure or facility that has been deemed legal by this ordinance, so long as there are no other violations occurring on such land, shall be deemed for all purposes to be in compliance with this ordinance. 6 Sec. 2-584. Applications While Violations are Occurring No permit shall be granted to any applicant if any violation of this ordinance by the applicant, or on any land owned by the applicant, shall be occurring at the time of the application or while said application shall be pending. Sec. 2-585. Prohibition on Structures and Facilities The following activities, actions or events shall be deemed a violation of the ordinance: (i) any construction or other regulated activities performed in the Flood Easement, Restrictive Easement or Lake, including without limitation, installation, operation or maintenance of a platform, without (i) a valid permit as prescribed by Section 2-579; and/or (ii) certificate of compliance as prescribed by Section 2-581, each as issued by the city in accordance with the tenns of this ordinance. (ii) any construction or maintenance of any structure or facility, or permitting any structure or facility to remain, upon or within the Flood Easement or Lake, expressly excepting (i) pathways and (ii) platforms, permitted in accordance with the terms and this ordinance; (iii) any activities of any kind within the Lake, Flood Easement and/or Restrictive Easement not in strict compliance with the Lake Alan Henry Erosion Control Plan; (iv) any of the following activities within the Lake: a.) lot or vegetation clearing; b.) tree or vegetation removal; c.) disturbing of the surface or subsurface of the soil; or d.) drainage or dredging activities. (v) the violation of any term or provision of this ordinance. Sec. 2-586. Mineral Exploration and Production Activities. Activities related to the exploration and production of oil, gas and other minerals, including without limitation, those activities and rights reserved in (i) that certain Restrictive Easement and Flood Easement, dated December 19, 1990, and recorded in Volume 194, Page 313, Real Property Records, Garza County, Texas; and (ii) General Warranty Deed, dated December 19, 1990, and recorded in Volume 194, Page 269, Real Property Records, Garza County, Texas, as said rights are modified or superseded by that certain Subordination Agreement and Release, dated May 13, 1996, and recorded in Volume 230, Page 41, Real 7 Property Records, Garza County, Texas, are expressly excluded from the operation and effect of this Ordinance. SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed the maximum fine provided by Section 1-4 of the City Code of Ordinances. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. SECTION 3. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this lOth day of __ -.:Ap=r~i==1:...._. __ , 2008. Passed by the City Council on second reading this 24th day of Apri1 , 2008. DAVID A. MILLER, MAYOR ATTEST: 1 APPROV~ j Thomas Adams Deputy City Manager/Director of Water Utilities 8 APPROVED AS TO FORM: lt·.L_ :l kl6 ~ ... ' Anita Burgess, City Attorney Richard/LAH-Appeals8oard0rd.doc December 26, 2007 9 Ordinance No. 2008-o0038 EXHIBIT A LAKE ALAN HENRY REGULATIONS FOR NEW CONSTRUCTION In order to preserve or protect Lake Alan Henry from uses which would contaminate or otherwise limit or interfere with the use of the Lake as a potable municipal water supply, all construction in or on Lake Alan Henry or on the easements owned by the City of Lubbock shall conform to the following regulations. Unless specifically provided otherwise herein, all activities relating to structures or facilities are prohibited in the Lake, Restrictive Easement and Flood Easement. Pennits for new construction must be applied for at the Planning Department of the City of Lubbock, Texas, along with the applicable application fee in an amount proportional to the estimated costs and expenses to be incurred by the City, as to be determined at least annually by the City Manager, or her designee, and will be reviewed by the Lake Alan Henry Appeals Board. These Regulations may be reviewed and revised from time to time by the City Council of the City of Lubbock upon request of City staff or the Lake Alan Henry Appeals Board. Variances to this ordinance, including the activities prescribed or prohibited by the exhibits attached hereto, that will not degrade the primary purpose of the Lake as a potable municipal water supply to an extent greater than as may be caused by the prescribed activities that may be permitted by this ordinance without variance may be granted by the Lake Alan Henry Appeals Board, subject to appeal to the City Council. Community Boat Dock a) A development company or other legal entity owning 100 or more platted lots, as filed of record in the Real Property Records of Garza and/or Kent Counties in Texas, as applicable, may apply for a "community boat dock" permit. The fee for a community boat dock shall be $125 per lot owned by any party or person other than the party development company or entity, payable by development company or entity in advance on the first day of each calendar year subject to annual revision as provided herein. The payment for the first year of installation shall be prorated, based upon the date of permit issuance. Such annual fee shall be increased annually by a sum equal to the annual fee that would be due for such year multiplied by the percentage increase in the consumer price index, as published by the Bureau of Labor statistics of the United States Department of Labor, that averages the changes in prices of goods and services purchased by urban wage earners and clerical workers families and single workers living alone. It is expressly agreed that the development company or entity described herein may assign or convey the Community Boat Dock to the applicable homeowner's association without the consent of the City so long as (i) the City is provided notice of such assigrunent on or before ten (10) calendar days after the effective date of such assigrunent; and (ii) the applicable homeowner's association expressly assumes all obligations hereunder related 10 to the Community Boat Dock, including without limitation, the obligation to make payments due to City hereunder. b) Community boat docks shall not be located as to interfere with or obstruct access to permitted facilities situated in front of, or traffic to and from, neighboring properties. c) Community boat docks shall be limited to the lesser of: (i) one (1) boat slip per 10 platted lots; (ii) five (5) total slips; or (iii) a total capacity of twelve (12) boats. d) Community boat docks shall not be loca~ed in narrow sections of the Lake such that interference with navigation on the Lake will occur. Specific locations may be restricted due to proximity to the main channel or flow of water traffic and/or other safety related considerations in which event a variance from the standard community boat dock measurements and locations may be requested. e) Community boat docks must be constructed of materials approved by the City of Lubbock being substantially similar to the City's boat dock materials. Without limiting the foregoing, the Owner is responsible for assuring that the community boat dock construction and maintenance conforms to the following criteria: (i) materials used for structural support or hardware shall composite. Any metal utilized must be galvanized, stainless be metal, plastic or steel or aluminum; (ii) all flotation shall be of materials which will not become waterlogged (i.e., not over I Y2 percent by volume according to standards of the American Society for Testing and Materials [ASTM]), is resistant to damage by animals, and will not sink or contaminate water if punctured; (iii) metal covered or injected drum flotation is prohibited; (iv) foam bead flotation with a density of one pound per cubic foot, but otherwise not meeting the prescribed criteria, is authorized if it is encased in an approved protective coating which enables it to meet the above specifications. An approved protective coating is defined as being warranted by the manufacturer for a period of at least eight years against cracking, peeling, sloughing, and deterioration from ultra violet rays, while retaining its resiliency against ice and bumps by watercraft; (v) in the event floats become punctured, or otherwise expose the foam to erosion or deterioration, such floats shall be replaced inunediately; (vi) community boat docks shall be designed to float according to the fluctuating level of the Lake; 11 (vii) the distance from the water level to the top of the community boat dock shall not exceed twenty-four inches; (viii) decking of the community boat dock shall be either non-slip metal. concrete or a synthetic wood and plastic product; (ix) carpeting and lumber are prohibited on the community boat dock; (x) submerged anchorage systems are to be installed that shall securely moor the community boat dock and trees, boulders or other natural features shall not be used as anchors; (xi) cables utilized to moor the community boat docks must be galvanized, stainless steel or aluminum and shall not obstruct the shoreline or otherwise create a safety hazard; (xii) anchor design shall be in accordance with sound engineering practice, with submerged anchors being positioned to accommodate low water levels and so as not to present a navigational hazard; (xiii) anchor cables shall be placed in vertical pipes that extend downward from the community boat dock floor into the water to prevent tripping and watercraft hazards, said anchor cables to be concrete with a pin attached with chaffing protection required; and (xiv) community boat dock walkways connecting the bank and the community boat dock shall be perpendicular to the shoreline and shall be connected at the shoreline using either a concrete pad no larger than ten square feet or two metal posts at each side of the walkway. f) No permanent fixtures shall be placed on community boat docks except for boat tie-offs, swim ladders and protective boat guards or floats. No lights shall be permitted except for a maximum of four (4) solar lights per slip, with a maximum height of 30 inches, to be spaced evenly at least twenty feet (20') from the next closest light. g) Except as provided herein, no overnight retention of tents, umbrellas, accessories, buoys, or any other personal property items will be permitted. Overnight retention ofboats and jet skis shall be limited to three consecutive calendar days. h) Safety reflectors shall be required on community boat docks on all sides thereof, at intervals of no greater than 20 feet. Metal Stairways or Steps Metal stairways or steps are generally prohibited, subject to variance by the Board under suitable circumstances. 12 Pathways Pathways shall be paved with construction materials, in earth tone color, approved by the City and consistent with topography, native soil, and stone. Asphalt shall not be utilized, in whole or in part, for or in the pathway. Total width permitted: Total paved surface permitted: Disturbed area on either side: 10 feet 6 feet 2 feet A single pathway, constructed in accordance with the terms herein, may be located from the boundary line of the Restrictive Easement across the Flood Easement to the access way or walkway of the Platform at the boundary of the Lake located at 2220 feet above mean sea level, as surveyed in the Conveyancing Instruments. a) Patios shall not exceed 800 square feet total. b) Patios must be located above the Flood Easement. c) Maximum vertical height of any permanent fixture, appliance or wall shall not exceed 42 inches. d) No electricity, plumbing or other utility shall be permitted in the Lake, and/or Flood Easement. Low voltage (<30 volts) lights with buried conduit and a maximum fixture height of 30 inches may be installed and maintained in the Restrictive Easement only. e) Only one patio per lot shall be permitted. f) Electricity and water service to the patio shall be buried conduit and shall II solely serve the patio. The route of the electricity and/or water conduit shall be as direct a course through the Restrictive Easement to the patio as is reasonably practicable, such route being depicted in the permit application. The electricity and/or water conduit shall be buried to a depth sufficient so as not to create a safety hazard. g) One Patio Shade shall be permitted on the patio, if and only if, constructed as follows: (1) Foundation shall be constructed as follows: (i) 4 inch thick concrete slab, containing 6 inch by 6 inch -10 gauge wire remesh; 13 (ii) Each side of the foundation shall contain a pier running along the entire length of each side of the foundation, at least 12 inches in depth and 12 inches deep, and containing at least two (2) lengths of 112" rebar steel; (iii) The piers for the posts shall be located on each of the 4 corners of the foundation slab and shall be comprised of concrete, at least 30 inches in depth, and 18 inches in width; (iv) 6 inch by 6 inch steel or cedar posts shall be anchored within each of the four 4 corner piers at least 28 inches in depth; and (v) The piers shall be located on each of the four corners on the foundation slab. (2) Material: (i) Cedar or steel 6" X 6" posts. Steel posts must be schedule 40 wall thickness. If steel posts are used in framing, they must be painted to match roof color. All cedar construction must be stained brown; and (ii) rafters, beams, bracing & decking must be cedar construction. (3) Roof: Brown standing-seam metal roof -26 gauge minimum. ( 4) Height: 8 ft. to bottom of beam with maximum height to roof peak 12 ft. ( 5) Size: 15' X 15' maximum width outside posts with 16" overhang. (6) The patio shade shall be and remain open, unobstructed and unenclosed in any way from the surface of the foundation to the roof. h) In lieu of a Patio Shade, one arbor shall be permitted on the patio, if and only if, constructed as follows: (1) Arbor shall be constructed identically to that as the Patio Shade, (subparagraph (g)), excepting the roof shall be constructed of cedar wood lattice, brown in color, 2" x 2" in size. i) Umbrellas, canopies, tents or other fabric, plastic or cloth devices of any kind designed to deflect or shade sunshine and/or to repel precipitation are expressly prohibited. i) No structure or facility may be located in the Flood Easement. 14 Platforms a) Platforms shall float on the water with the longest portion of the platform being horizontal to the shore line and shall not extend into the Lake a distance greater than 16 feet from the shoreline of the water, it being understood that the level of the water will fluctuate, and shall be identified by reflective sign at least four inches in height, depicting the applicable lot number or other identification of the lot or property to which said platform is attached. b) Platforms shall not be located as to interfere with or obstruct access to permitted facilities situated in front of, or traffic to and from, neighboring properties. c) Platforms shall not be located closer than ten feet to a property line, as such line is extended into the Lake. d) Owners must own at least 1 00 feet of water frontage to be allowed a permit for a platform. Owners of adjoining property may apply for a joint platform permit in the event ownership of a single tract of land does not meet the frontage requirement herein. e) Platforms shall not be located in narrow sections of the Lake such that interference with navigation on the Lake will occur. Specific locations may be restricted due to proximity to the main channel or flow of water traffic and/or other safety related considerations in which event a variance from the standard platform measurements and locations may be requested. f) The fee for a platform permit shall be $1,000 per year, payable in advance on the first day of each calendar year, subject to annual revision as provided herein. The payment for the first year of installation shall be prorated based upon the date of permit issuance. Such annual fee shall be increased annually by a sum equal to the annual fee that would be due for such year multiplied by the percentage increase in the consumer price index, as published by the Bureau of Labor Statistics of the United States Department of Labor, that averages the changes in prices of goods and services purchased by urban wage earners and clerical workers families and single workers living alone. g) Platforms must be constructed of materials approved by the City of Lubbock being substantially similar to the City's boat dock materials. Without limiting the foregoing, the Owner is responsible for assuring that the platform construction and maintenance conforms to the following criteria: (i) materials used for joist and studding shall be metal and all hardware must be galvanized or stainless steel or aluminum; (ii) all flotation shall be of materials which will not become waterlogged (i.e., not over 1 Y2 percent by volume according to standards of the American Society for Testing and Materials [ASTM]), is resistant to damage by animals, and will not sink or contaminate water if punctured; 15 (iii) metal covered or injected drum flotation is prohibited; (iv) foam bead flotation with a density of one pound per cubic foot, but otherwise not meeting the prescribed criteria, is authorized if it is encased in an approved protective coating which enables it to meet the above specifications. An approved protective coating is defined as being warranted by the manufacturer for a period of at least eight years against cracking, peeling, sloughing, and deterioration from ultra violet rays, while retaining its resiliency against ice and bumps by watercraft; (v) in the event floats become punctured, or otherwise expose the foam to erosion or deterioration, such floats shall be replaced immediately; (vi) platforms shall be designed to float according to the fluctuating level of the Lake; (vii) the distance from the water level to the top of the platform shall not exceed twenty-four inches; (viii) decking of the platform shall be either non-slip metal, concrete or a synthetic wood and plastic product, with metal being primarily be used for support functions; (ix) carpeting and lumber are prohibited on the platform; (x) submerged anchorage systems are to be installed that shall securely moor the platform. Trees, boulders or other natural features shall not be used as anchors; (xi) cables utilized to moor the platforms must be galvanized, stainless steel or aluminum and shall not obstruct the shoreline or otherwise create a safety hazard; (xii) anchor design shall be in accordance with sound engineering practice, with submerged anchors being positioned to accommodate low water levels and so as not to present a navigational hazard; (xiii) anchor cables shall be placed in vertical pipes that extend downward from the platform floor into the water to prevent tripping and watercraft hazards, said anchor cables to be concrete with a pin attached with ch.affmg protection required or when vertical pipes are not feasible, bracing that ties into lands located above the Lake and within the Flood Easement may be employed; (xiv) platform walkways connecting the bank and the platform shall be perpendicular to the shoreline and shall be collllected at the shoreline using either 16 a concrete pad no larger than ten square feet or two metal posts at each side of the walkway. h) The surface area of the Platform, excluding the area of any walkway or access way extending from the shoreline of the water and/or the boundary of the Lake located at 2220 feet above mean sea level, as surveyed in the Conveyancing Instruments, to the Platform, shall not exceed a maximum size of 25 feet by 6 feet 6 inches. The walkway or access way may not be less than 4 feet wide and shall not exceed a width of six feet and shall be constructed and maintained as provided herein. i) No permanent fixtures shall be placed on platforms except for boat tie-offs, swim ladders and protective boat guards or floats. No lights shall be permitted except for a maximwn often (10) solar lights with a maximwn height of30 inches. j) Except as provided herein, no overnight retention of tents, umbrellas, accessories, buoys, or any other personal property items will be permitted. Overnight retention of boats and jet skis shall be limited to three consecutive calendar days. k) Safety reflectors shall be required on all platforms on all sides thereof, at intervals of no greater than 20 feet. 1) A maximum of one platform shall be permitted per lot. 17 Boat Ramps a) Except as otheawise provided below, boat ramps are expressly prohibited. Notwithstanding the above, boat ramps shall be allowed on certain lands as previously provided, and in accordance with the terms of, the Memorandum and/or Conveyancing Instruments. Construction Requirements a) The Regulations are enacted to improve the safe construction, operation and maintenance of all construction and other regulated activities within Restrictive Easement and Flood Easement and, insofar as concerns platforms, the Lake, and to promote public health, safety and welfare. Below is a list of national codes that are hereby adopted as the minimum standards for construction and maintenance of structures and facilities, if applicable. It is the permittee's responsibility to ensure: 1. work is completed by licensed professionals who certify that structures and facilities meet all codes (national, state, and local) as applicable, and the Regulations. 2. on-going work is inspected by a licensed inspector, at the permittee's expense, who certifies that structures and facilities meet all codes (national, state, and local) that apply to subject activity, and the Regulations. 3. All activities conform or comply with all federal, state and local rules, statutes, regulations, orders and ordinances that may apply to any activity contemplated herein. \Richard\LAHRegulation4construction I ExhibitAdoc December 26, 2007 18 Ordinance No. 2008-oo038 Exhibit B Erosion Control Plan For Lake Alan Henry 19 :.II ,.- ? r·· ·., ..... / / ~' .· J' I ; j . .,..' I ' I ~ '= .,., ' I ' I ' .. ~~"~": I ·r i .. ',..,_jM,,j...,;;; •I;, :v: ·t;•"'l'il·i. ,, ''I ... J.•o, • r-o~x · .. . ' ./ .- \ • . ). ., ..... ,.... .. · .. , .......... ,_ ,, . ,,.,, '· .. \-, .... •.· (' 'r r·t • .• • 'l ~·.,:~:·~\ '"""\.(' ·:-~«~t:~!-- Section 1 Introduction Lake Alan Henry, City of Lubbock's second surface water supply source, has a permanent Flood Easement and Restrictive Easement surrounding the reservoir. These easements serve as a buffer to the Lake and also serve as a filter to minimize sediment being transported into the Lake, said easements being shown in Figures 1 and2. The natural vegetation found in the easement area provides the ground cover necessary to help to slow down the velocity of the water runoff from a rain fall event and eventually some of the sediments will settle within the easement area. The sediment usually consists of top soil, silt and small rocks. The principle cause of sediment transport is the natural process of erosion. Erosion is usually the result of the action of wind, water, and ice loosening and removing the soil and rock from its original condition. More than usual, erosion on an area that has been disturbed by grading, clearing or otherwise will be greatly accelerated unless there has been some restoration effort to the original state of the land as part of the construction activities. The City of Lubbock has defined soil erosion control as the measures that are used to reduce the amount of soil particles that are carried off of a land area and deposited in the receiving water. This is found in the Drainage Criteria Manual as adopted in Ordinance No. 10022, October 23, 1997, incorporated herein by reference. Section 2 Flood and Restrictive Easement Area There are two permanent easement areas for Lake Alan Henry, the Flood Easement and the Restrictive Easement (collectively, the "Easement Area"). Figure 1 shows the delineation of the areas described. These areas were delineated during the original design of Lake Alan Henry Reservoir as a minimum area to protect the quality of compounded water of the reservoir and also to maintain the design life of the reservoir from siltation process. Figure 3 roughly depicts the ground contour for elevations of 2220 and 2245 feet above mean sea level. 21 r-___,_ __ ___J I 1 ~--_L --+-----L-~.J. I I ~ f. I I t i :z < ...J < --------~---------_J Figure 1: Flood and Restrictive Easement Area and Restrictive Easement Area 22 ,, s 3 ;: ' ; f ::: ~; . , ~· ;;, ~~ l. .. ,t'::. i . ~ ....... y I --~ '·~ ....._ ... ~ .. ....__....~ ! ...... ;: :.. I \,,,_, \ b==== ..... 'Yo t f;l ,. t'~·-rt .~u::: .a: u -·. \ ' \ ... . r , . ~~ .. • • • \ ~1 't ...... ~~-t • trr4.~ . -~= •• ,~ ! -:< ; ~ " ~ ~! ;;':; "" • .... ~ - -t ~· 23 .. -$- ~ . . __ ..... ., / I ··- -~ ~-t )- I ... t ' & I> I f " i ~ ;;! ., -· , .. ~· ~ g r ~ .. ------- ' .. .:-- ;:~ r-··----·----·---. -· i;-, :::-:::~.~::-¥.! ~--:~ . ~t~~.rr· __ .: r,_. __ !. i I ,./: (. I; .~ .--i---.,.. ._, .. ~., f i t.._ /f"'" · ... 1 : ~···.,..-:-..... ;. ~ ,-:··· 't ,'. i ,~· .... '"'t ....... l ..,.} . .. • ... ,. 0 ··,t ....... ~ ~ ; ., '! - .;. :· . ..: ·. :- ,.· .:., :- ·. ·- ,~. ~i<!~'gi ~ 0 -" ., ---· ........ '!'""""' ~~ ;e-.:-'t:l!~!:'::;!~ ;.""..J.J~ il ~ .. " :• ": I .! 1 ·-~ Figure 2 -Restrictive Easement and Flood and Restrictive Easement Areas of Lake Alan Heruy 24 II II igure 3: Lake Alan Henry Normal Pool Elevation at 2220 MSL and Flood Elevation at 2245 MSL 25 ..... ' Section 3 Purpose The goals for the implementation of this erosion control plan for the Lake Alan Henry asement Area are as follows: 1 )-An attempt to be a pro-active to maintain the integrity of the quality of the I impounded water as a water supply source to the City of Lubbock. I I > Minimize the siltation from sediment transported in to the reservoir. This will help to preserve the capacity and the life of the reservoir. The reduction of siltation also reduces the amount of monies that have to be spent to dredge the build up of siltation in the reservoir to maintain the design capacity of the reservoir. > Reduce non-point sources of pollution of sediment transport resulting from land development activities. Suitable restorative efforts shall be required to the disturbed area from construction or other regulated activities in order to, replicate as near as practicable, the effectiveness against erosion of the natural vegetation as found in the easement area. Some of the suggested Best Management Practices can be found in Section 5. Section 7 outlines the permitting process that shall be followed for all construction and other activities within the Easement Area to minimize erosion. Section 4-Relevant Regulations and Restrictions Several federal, state and local statutes, rules, orders, regulations and ordinances, in addition to the Regulations, may govern or apply to construction and other regulated activities in the Easement Area (the "Applicable Law"). It is the responsibility of the permittee to conform to the Regulations and the Applicable Law, including without limitation, the matters set forth below: A. all applicable Federal Laws, Codes and Statutes; including, but not limited to, the Americans with Disabilities Act, Clean Water Act, Clean Air Act, National Environmental Policy Act and Endangered Species Act. B. all applicable State Laws, Codes and Statutes, including, but not limited to; the Water Code, the Health and Safety Code and Parks and Wildlife Code, Transportation Code and Administrative Code. C. Regulations Promulgated by the following agencies: )-United States Environmental Protection Agency (EPA) > United States Fish and Wildlife Service FWS) > Texas Parks and Wildlife Department (TPWD) > Texas Water Development Board (TWDB) > US Army Corp of Engineers (COE) > Texas Commission of Environmental Quality (TCEQ) 26 It is also the responsibility of the permittee to comply with the latest Environmental Protection Agency's Storm Water Phase 1 and Phase 2 regulations. The permit applicant shall submit in the permit application process all relevant forms and documentation as required by the Applicable Law. Section 5 -Best Management Practices It is the permittee's responsibility to retain a Registered Professional Engineer or other person or party duly licensed and qualified to perform activities, inspections and prepare plans related to design the erosion control and restorative efforts for the construction or other regulated activities within the Easement Area. The procedure for submittal and review of the design is outlined in Chapter 7. The erosion control design shall accomplish the purposes outlined in Section 3 and Ordinance No .. ______ _ Construction standards shall also conform to the Best Management Practices as outlined in Chapter 3 and Chapter 4 of the City of Lubbock Drainage Criteria Manual (the 11Drainage Manual 11 ), as set forth in Appendix A, and as may be amended from time to time. In addition to the specific standards of the Drainage Manual, erosion control steps shall also include the following: I. Minimize the area that will be disturbed. 2. Maintenance of existing vegetation is widely recognized as the best management practices for erosion control As a result, to the extent practicable, existing vegetation shall be preserved to shield the soil surface from rainfall and runoff, slowing down the velocity of the rain fall as it travels on the ground. -,f&:>/08 ation __ ........ t is prohibited to be planted within the Easement ......,...------------ation For Construction Activity Erosion -....------_ __,=----~._........_, permits are required for repair or modification 1of a structure or facility in the Restrictive Easement, vegetation clearing, tree or vegetation removal, drainage work, and/or dredging in the Flood Easement and/or 27 Restrictive Easement, if such activity or activities distmb 150 square feet or more of e surface of the soil. Permits are not required for (i) routine maintenance that does not distmb the surface of soil or involve tree or vegetation trimming that does not affect the naturally existing water runoff conditions; (ii) normal agriculture practices, including moving soil for the purposes of benns or terraces, plowing, seeding, cultivating, and arvesting for the production of food, fiber or forage crops; and (iii) brush control or other range improvement activities approved by the Natural Resources Conservation Service ("NRCS11), or successor agency to the NRCS and/or other regulatory agencies · th jurisdiction over the subject activities. 7.2 Construction Plans and Specifications Submittal and Review Process A. Any permit request will initiate a review of the plans related to erosion control. B. Plans to be submitted with the permit application shall include the following: Cover Page Legal Description -Plat Site Plan Erosion Control Plan and SWPPP ichard/Lake Final Ordinance 041608 28 Richard/Lake Final Ordinance 042308 Updated 4122/08 APPENDIX A 29 Ordinance No. 2008-Q0038