HomeMy WebLinkAboutOrdinance - 2011-O0087 - Amending Chapter 30 ( Lakes, Waterways, And Floodplains) - 09/27/2011First Reading
September 27, 2011
It em No . 5 . 16
ORDINANCE NO. 2011-0 0087 _....;...._ ____ _
Second Reading
October 13, 2011
Item No, 5.29
AN ORDINANCE AMENDING CHAPTER 30 (LAKES AND WATERWAYS)
OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH
REGARD TO REPEALING OUTDATED AND UNNECESSARY PROVISIONS,
AMENDING PROVISIONS TO EN COMP ASS CURRENT PRACTICES, AND
CONFORMING THE ORDINANCE TO THE STANDARDS AND CONVENTIONS
OF THE REST OF THE CODE OF ORDINANCES; PROVIDING A PENALTY
CLAUSE; PROVIDING A SA VINOS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas finds and determines that it
is in the best interest of the citizens of the City of Lubbock to make the following
amendments to Chapter 30 (Lakes and Waterways) 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, Chapter 30 (Lakes and Waterways) of the Code of
Ordinances, City of Lubbock, Texas, is hereby renamed as Chapter 30 (Lakes,
Waterways, and Floodplains).
SECTION 2. THAT, Chapter 30 (Lakes, Waterways, and Floodplains) of the
Code of Ordinances, City of Lubbock, Texas, is hereby repealed and the following
provisions are enacted in its place and stead:
ARTICLE 30.01 GENERAL PROVISIONS
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.
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Apex. A point on an alluvial fan or similar landfonn below which the flow path of the
major stream that formed the fan becomes unpredictable and alluvial fan flooding can
occur.
Appeal. A request for a review of the floodplain administrator's interpretation of any
provision of this article or a request for a variance.
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 o(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, AH, AO, Al-99, VO, Vl-30, VE or V.
Base flood. The flood having a one-percent chance of being equaled or exceeded in any
given year.
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.
City 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 man-made 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.
Drainage 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 Vl-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
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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 VI-30, VE and
V, "elevated building" also includes a building otherwise meeting the 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 determining rates, structures for which the
"start of construction" commenced before the effective date of the FIRM or before
January 1, 1975, for FIRMs effective before that date. "Existing construction" may also
be referred to as "existing structures."
Existing 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.
&isting 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).
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.
Flood hazard boundary map (FHBM). 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
hazards and the risk premium zones applicable to the community.
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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.
Floodplain or floodprone area. Any land area susceptible to being inundated by water
from any source (see definition of flooding).
Floodplain management. 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.
Floodproo[ing. 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.
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.
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.
Highest adiacent 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 Historic Places (a listing
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maintained by the Department of the Interior) or preliminarily detennined 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 to qualify as a registered
historic district;
(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 stonnwater lake area in the city, the perimeter of
which has been established by the city engineer, and it is substantially the estimated high-
water level indicated on plats of any lake area which has been approved by the planning
and zoning commission and filed with the city engineer. The lake area can either reside in
its natural state or be modified through a cut and fill plan.
Levee. A man-made structure, usually an earthen embankment, designed and constructed
in accordance with sound engineering practices to contain, control or divert the flow of
water so as to provide protection from temporary flooding.
Levee system. 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
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connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle."
Manufactured home park or subdivision. Any tract ofland under single ownership, eight
(8) acres or more, where accommodation is provided for nontransient manufactured home
use.
Master drainage plan. The plan adopted and approved by the city council that
establishes an estimated peak 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 (NA VD) of 1988 or other datum to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
National Flood Insurance Program (NFJP). 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 detennining insurance rates, structures for which
the Hstart 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.
Playa lake. A natural saucer-like depression in the topography, typically having a clayey
bottom that collects runoff from rain but is subject to rapid evaporation. The term
includes all areas within the basin projected to be inundated by pooled stormwater runoff,
as determined by an engineering analysis performed according to this chapter.
Post•FIRM. Those buildings or structures that were constructed on or after the date of
the initial FIRM. Lubbock's initial FIRM is dated September 2, 1982.
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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
pennanently 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 pennanent
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 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.
Stormwater detention basin. A lake area dedicated for the primary use of stormwater
impoundment. Undeveloped open space activities may also exist.
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 (SD). 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 (SI). 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:
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( 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."
True nonoverflow playa lake. A lake with sufficient water storage capacity to contain the
combined volume of its own drainage basin as well as the volume contributed from
upstream playa lakes for the one-hundred-year twenty-four-hour storm event and the
predicted water surface elevation is 0.5 feet or greater below the lake's natural overflow
crest elevation as indicated in the City of Lubbock Drainage Criteria Manual.
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)(S), (c)(4), (c)(lO), (d)(3), (e)(2), (e)(4) or (e)(S) of 44 CFR is
presumed to be in violation until such time as that documentation is provided.
Water holding capacity. The volume of storm water which any natural stormwater lake
area is capable of holding in its natural state before any filling, cutting or redesign.
Water surface elevation. The height, in relation to the North American Vertical Datum
(NA VD) of 1988 (or other datum where specified), of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
ARTICLE 30.02 LAKE ALAN HENRY
Sec. 30.02.001 Regulations for governance of lake adopted
The 2008 Regulations for Governance of Lake Alan Henry are specifically adopted to
replace the previous Regulations for the Governance of Lake Alan Henry, as adopted by
the Brazos River Authority, and a copy is attached to the ordinance from which this
section is derived and incorporated herein by reference as though set out completely in
detail. A copy of the 2008 Regulations for Governance of Lake Alan Henry shall be filed
with the city secretary and a copy maintained in the office of the City of Lubbock Police
Department; all such copies to be opened to public inspection during business hours of
the offices where they are maintained.
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Sec. 30.02.002 Penalty for violation of regulations
A person who violates or fails to comply with any regulation of the 2008 Regulations for
Governance of Lake Alan Herny, as amended, is guilty of a misdemeanor and upon
conviction, shall be fined in accordance with the City of Lubbock's Code of Ordinances.
Sec. 30.02.003 Filing complaints for violation of regulations
A citation or complaint for a violation of any regulation of the 2008 Regulations for
Governance of Lake Alan Herny, as amended, may be filed in the Municipal Court for
the City of Lubbock.
Sec. 30.02.004 Naming of locations and facilities at lake
The city council shall have final authority with regard to naming locations and facilities
at Lake Alan Henry.
ARTICLE 30.03 FLOOD HAZARD AREAS
Division 1. Generally
Sec. 30.03.001 Purpose
It is the purpose of this article to promote the public health, safety and general welfare
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
( 6) Help maintain a stable tax base by providing for the sound use and
development of floodprone areas in such a manner as to minimize future flood
blight areas; and
(7) Insure that potential buyers are notified that property is in a floodprone area.
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Sec. 30.03.002 Article cumulative
This article is not intended to repeal, abrogate or impair any existing easements,
covenants or deed restrictions. However, where this article and another ordinance,
easement, covenant or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Sec. 30.03.003 Administration
(1) The city engineer is hereby appointed the floodplain administrator to administer and
implement the provisions of this article and other appropriate sections of 44 CFR
(National Flood Insurance Program Regulations) pertaining to floodplain management;
however, the issuing ofpennits and the review of plans and maps may be delegated to
such other persons that the floodplain administrator may select.
(2) Duties and responsibilities of the floodplain administrator shall include, but not be
limited to, the following:
(a) Maintain and hold open for public inspection all records pertaining to the
provisions of this article.
(b) Review, approve or deny all applications for development pennits, 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.
(c) Review pennits for proposed development to assure that all necessary permits
have been obtained from those federal, state or local governmental agencies
(including section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
(d) Where interpretation is needed as to the exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions) the
floodplain administrator shall make the necessary interpretation.
(e) Notify, in riverine situations adjacent communities and the state coordinating
agency, which is the Texas Water Development Board, prior to any alteration
or relocation of a watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency.
(f) Assure that the flood-carrying capacity within the altered or relocated portion
of any watercourse is maintained.
(g) When base flood elevation data has not been provided in accordance with
section 30.03.009, the floodplain administrator shall obtain, review and
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reasonably utilize any base flood elevation data and floodway data available
from a federal, state or other source, in order to administer the provisions of
sections 30.03.071 through 30.03.073.
(h) When a regulatory flood way has not been designated, the floodplain
administrator must require that no new construction, substantial
improvements, or other development (including fill) shall be pennitted within
zones Al-30 and AE on the community's FIRM, unless it is demonstrated that
the cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the water surface
elevation of the base flood more than one foot at any point within the city.
(i) Under the provisions of 44 CFR chapter 1, section 65.12, of the National
Flood Insurance Program regulations, a community may approve certain
development in zones Al-30, AE, AH, on the community's FIRM which
increases the water surface elevation of the base flood by more than one foot,
provided that the community first applies for a conditional FIRM revision
through FEMA.
Sec. 30.03.004 Methods of reducing flood losses
In order to accomplish its purposes, this article uses the following methods:
( 1) Restrict or prohibit uses that are dangerous to health, safety or property in
times of flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels and natural
protective barriers which are involved in the accommodation of floodwaters;
( 4) Control filling, grading, dredging and other development which may increase
flood damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
Sec. 30.03.005 Interpretation generally
In the interpretation and application of this article, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the City of Lubbock; and
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(3) Deemed neither to limit nor repeal any other powers granted under state
statutes or federal laws.
Sec. 30.03.006 Compliance with regulations
No structure or land shall hereafter be located, altered or have its use changed without
full compliance with the terms of this article and other applicable regulations.
Sec. 30.03.007 Lands to which article applies
This article shall apply to all areas of special flood hazard within the City of Lubbock,
Texas.
Sec. 30.03.008 Basis for establishing areas of special flood hazard
The areas of special flood hazard identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled "The Flood Insurance Study for
Lubbock County, Texas, and Incorporated Areas" dated September 28, 2007, with
accompanying Flood Insurance Rate Maps (FIRM) and any revisions thereto are hereby
adopted by reference and declared to be a part of this article.
Sec. 30.03.009 Increased flood heights; liability
The degree of flood protection required by this article is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. On rare
occasions greater floods can and will occur and flood heights may be increased by man-
made or natural causes. This article does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be free from flooding or flood
damages. This article shall not create liability on the part of the city or any official or
employee thereof for any flood damages that result from reliance on this article or any
administrative decision lawfully made thereunder.
Sec. 30.03.010 Penalty
No structure or land shall hereafter be constructed, located, extended, converted or
altered without full compliance with the terms of this article and other applicable
regulations. Violation of the provisions of this article by failure to comply with any of its
requirements (including violations of conditions and safeguards established in connection
with conditions) shall constitute a misdemeanor punishable in accordance with section
1.01.004 of the Code of Ordinances. Each day on which a violation shall occur or
continue shall be deemed a separate and distinct offense. Nothing herein contained shall
prevent the City of Lubbock, Texas from talcing such other lawful action as is necessary
to prevent or remedy any violation of this article.
Secs. 30.03.011-30.03.040 Reserved
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Sec. 30.03.041
Division 2. Development Permit
Required
A development permit shall be required to ensure conformance with the provisions of this
article.
Sec. 30.03.042 Application
Application for a development permit shall be presented to the floodplain administrator
on forms furnished by him/her and may include, but not be limited to, plans tn 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 30.03.004(b)(l):
(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 drainage wil 1 be
altered or relocated as a result of proposed development.
Sec. 30.03.043 Approval or denial
Approval or denial of a 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 property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
(3) The danger that materials may be swept onto other lands to the injury of
others;
(4) The compatibility of the proposed use with existing and anticipated
development;
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(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.
Secs. 30.03.044-30.03.070 Reserved
Division 3. Flood Hazard Reduction
Sec. 30.03.071 General standards
In all areas of special flood hazards the following provisions are required for all new
construction and substantial improvements:
(1) All new construction or substantial improvements shall be designed ( or
modified) and adequately anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with
materials resistant to flood damage;
( 4) All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the systems;
(5) New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of floodwaters into the systems and discharges from
the systems into floodwaters;
(6) On-site waste disposal systems shall be located to avoid impairment to them
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or contamination from them during flooding; and
(7) All new construction or substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of
flooding.
Sec. 30.03.072 Standards for subdivision proposals
( 1) All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall be consistent with sections 30.03.002 and 30.03.005 of this article.
(2) All proposals for the development of subdivisions, including the placement of
manufactured home parks and subdivisions, shall meet development permit requirements
of divisions 2 and 3 of this article.
(3) Base flood elevation data shall be generated for subdivision proposals and other
proposed development, including the placement of manufactured home parks and
subdivisions, which is greater than fifty (50) lots or five (5) acres, whichever is lesser, if
not otherwise provided pursuant to section 30.03.009 or 30.03.004(b)(8) of this article.
( 4) All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.
(5) All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize or eliminate flood damage.
Sec. 30.03.073 Specific standards
In all areas of special flood hazard where base flood elevation data have been provided,
as set forth in section 30.03.009, 30.03.004(b)(8) or 30.03.072(c) of this article, the
following provisions are required:
(1) Residential construction. New construction and substantial improvement of
any residential structure shall have the lowest floor (including basement),
excluding garage, elevated to or above:
(a) Iflocated in a flood hazard area, the lowest floor (including basement)
will be one foot above the peak water surface elevation established by
the FIRM of the Federal Emergency Management Agency (FEMA);
otherwise it shall be:
(b) Two (2) feet above the applicable playa lake overflow elevation; or
15
(c) One foot above the highest top of the curb (or top of crown) of the
nearest adjacent street(s); or
(d) Six (6) inches above the calculated peak water surface elevation if a
design waiver has been granted in accordance with the drainage criteria
manual; or
(e) One foot above the 500-year 24-hour base flood elevation if located by a
true nonoverflow playa lake, whichever is greater.
A registered professional engineer, architect or land surveyor shall submit a
certificate to the floodplain administrator that the standard of this subsection,
as proposed in section 30.03.042(1) of this article, is satisfied.
(2) Nonresidential construction. New construction and substantial improvement
of any commercial. industrial or other nonresidential structure shall have the
lowest floor, (including basement) elevated to or above:
(a) If located in a flood hazard area. the lowest floor (including basement)
will be one foot above the peak water surface elevation established by
the FJRM of FEMA; or
(b) Two (2) feet above the applicable playa lake overflow elevation; or
(c) One foot above the highest top of the curb (or top of crown) of the
nearest adjacent street(s); or
( d) Six ( 6) inches above the calculated peak water surface elevation if a
design waiver has been granted in accordance with the drainage criteria
manual; or
(e) One foot above the 500-year 24-hour base flood elevation if located by a
true nonoverflow playa lake, whichever is greater; or together with
attendant utility and sanitary facilities, be designed so that below the
base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. 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.
16
(3) Enclosures. New construction and substantial improvements with fully
enclosed areas below the lowest floor that are usable solely for parking of
vehicles, building access or storage in an area other than a basement and
which are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be certified by
a registered professional engineer or architect or meet or exceed the following
minimum criteria:
(a) A minimwn of two (2) openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding shall be provided.
(b) The bottom of all openings shall be no higher than one foot above grade.
( c) Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry and
exit of floodwaters.
(4) Manufactured homes.
(a) All manufactured homes to be placed within zone A on a community's
FIRM shall be installed using methods and practices which minimize
flood damage. For the purpose of this requirement, manufactured homes
must be elevated and anchored to resist flotation, collapse or lateral
movement. Methods of anchoring may include, but are not limited to,
use of over-the-top or frame ties to ground anchors. This requirement is
in addition to applicable state and local anchoring requirements for
resisting wind forces.
(b) All manufactured homes shall be in compliance with subsection (1).
(c) All manufactured homes that are placed or substantially improved within
zones Al-30, AH, and AE on the city's FIRM on sites (i) outside of a
manufactured home park or subdivision, (ii) in a new manufactured
home park or subdivision, (iii) in an expansion to an existing
manufactured home park or subdivision, or (iv) in an existing
manufactured home park or subdivision on which a manufactured home
has incurred "substantial damage" as a result of a flood, be elevated on a
permanent foundation such that the lowest floor (including basement),
excluding garage, of the manufactured home shall be elevated to or
above the base flood elevation and be securely anchored to an
adequately engineered foundation system to resist flotation, collapse and
lateral movement.
(1) If located in a flood hazard area, the lowest floor (including
17
basement) will be one foot above the peak water surface elevation
established by the FIRM; or
(2) Two (2) feet above the applicable playa lake overflow elevation; or
(3) One foot above the top of the curb (or top of crown) of the nearest
adjacent street; or
( 4) Six ( 6) inches above the calculated peak water surface elevation if
a design waiver has been granted in accordance with the drainage
criteria manual; or
(5) One foot above the 500-year 24-hour base flood elevation if
located by a true nonoverflow playa lake; or
( 6) Whichever is greatest.
( d) Require that manufactured homes be placed or substantially improved
on sites in an existing manufactured home park or subdivision with
Zones Al-30, AH and AE on the community's FIRM that are not subject
to the provisions of paragraph (4) of this section be elevated so that
either:
(1) The lowest floor(includingbasement) of the manufactured home
is at or above the base flood elevation, or
(2) The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no
less than thirty-six (36) inches in height above grade and be
secure! y anchored to an adequately engineered anchor foundation
system to resist flotation, collapse and lateral movement.
(5) Recreational vehicles. Require that recreational vehicles placed on sites within
zones Al-30, AH and AE on the community's FIRM either:
(a) Be on the site for fewer than 180 consecutive days;
(b) Be fully licensed and ready for highway use; or
(c) Meet the permit requirements of section 30.03.042, and the elevation
and anchoring requirements for ''manufactured homes" in subsection (4)
of this section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions.
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Sec. 30.03.074 Floodways
Located within areas of special flood hazard established in section 30.03 .009 are areas
designated as flood ways. Since the floodway is an extremely hazardous area due to the
velocity of floodwaters which carry debris, potential projectiles and erosion potential, the
following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway
unless it has been demonstrated through hydrologic and hydraulic analyses
performed by a registered professional engineer or architect in accordance
with standard engineering practice that the proposed encroachments would not
result in any increase in flood levels within the city during the occurrence of
the base flood discharge.
(2) If subsection (I) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of sections 30.03.071 through 30.03.075.
(3) Under the provisions of 44 CFR chapter 1, section 65.12, of the National
Flood Insurance Regulations, a community may permit encroachments within
the adopted regulatory floodway that would result in an increase in base flood
elevations, provided that the community first applies for a conditional FIRM
and floodway revision through FEMA.
Sec. 30.03.075 Standards for areas ofshallow flooding (AO/AH zones)
Located within the areas of special flood hazard established in section 30.03.009 are
areas designated as shallow flooding. These areas have special flood hazards associated
with base flood depths of one to three (3) feet where a clearly defined channel does not
exist and where the path of flooding is unpredictable and where velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow; therefore, the following
provisions shall apply to areas of shallow flooding, as defined in section 30.03.001:
( 1) All new construction and substantial improvement of residential structures
shall have the lowest floor (including basement), excluding garage, elevated
above the highest adjacent grade at least as high as the depth number specified
in feet on the city's FIRM (or, if no depth number is specified, at or above two
(2) feet above playa lake overflow, or one foot above calculated peak water
surface elevation, whichever is higher).
(2) All new construction and substantial improvements of nonresidential
structures shall:
(a) Have the lowest floor (including basement) elevated above the highest
19
I
II
11
adjacent grade at least as high as the depth number specified in feet on
the city's FIRM ( or if no depth number is specified at or above two (2)
feet above playa lake overflow, or one foot above calculated peak water
surlace elevation, whichever is higher); or
(b) Together with anendant utility and sanitary facilities, be designed so that
below the base flood level the structure is watertight and has 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.
(3) A registered professional engineer or architect shall submit a certification to
the floodplain administrator that the standards of this section, as proposed in
section 30.03.042(1), are satisfied.
( 4) AH and AO zones shall have adequate drainage paths around structures on
slopes to guide floodwaters around and away from proposed structures.
Sec. 30.03.076 Improvement and repair requirements
The following table, reprinted from the SI/SD FEMA Desk Reference as amended,
outlines common improvements and repairs. The measures as described in this table
shall be required by the City of Lubbock in order to maintain compliance with the NFIP
floodplain management requirements.
Compliance Matrix (Special Flood Hazard Areas)
Types of Work
Rehabilitation (renovate or
remodel), not SI
Rehabilitation (renovate or
remodel), SI
Lateral addition and
Rehabilitation, SI
Building is Pre-FIRM
Compliance not required
Building required to comply
Addition required to comply;
building required to comply
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Building is Post-FIRM
Work shall comp!y and shall
not be allowed to make the
building non-compliant with
any aspect of the building
that was required for
compliance
Work shall comply and shall
not be allowed to make the
building non-compliant with
any aspect of the building
that was required for
compliance (see Note below
table)
Addition required to comply;
building required to comply
{see Note below tabte)
I
I Lateral addition, not SI Addition not required to comply Addition required to be
elevated to at least the
elevation of the existing
lowest floor
Lateral addition, SI, not Addition required to comply; Addition required to comply
structurally connected building not required to comply
Lateral addition, SI, Addition required to comply; Addition required to comply;
structurally connected building required to comply building required to comply
(see Note below table)
Vertical addition above Compliance not required Work shall comply and shall
building, not SI not be allowed to make the
building non-compliant with
any aspect of the building
that was required for
compliance
Vertical addition above Building required to comply Work shall comply and shall
building, SI not be allowed to make the
building non-compliant with
any aspect of the building
that was required for
compliance {see Note below
table)
Repair foundation, not SI Compliance not required Repairs shall comply and
shall not be allowed to make
the building non-compliant
with any aspect of the
building that was required
for compliance
Repair foundation, SI Building required to comply Building required to comply
(see Note below table)
Replace/extend foundation, Building required to comply Building required to comply
SI (including "elevate-in-(see Note below table)
place")
Repair damage, SD Building required to comply Work shall comply and shall
not be allowed to make the
building non-compliant with
any aspect of the building
that was required for
compliance (see Note below
table)
21
Reconstruct new building on Reconstructed building required Reconstructed building
existing or new foundation, to comply required to comply (see
SI Note below table)
Note: If a map revision has resulted in a higher Base Flood Elevation (BFE), a post-FIRM building must comply based
on the new BFE.
Note: Table reprinted from SJ/SD FEMA Desk Reference as amended.
Secs. 30.03.077-30.03.100 Reserved
Sec. 30.03.101
Division 4. Variances
Planning and zoning commission duties
(1) The planning and zoning commission as established by the city shall hear and
render judgment on requests for variances from the requirements of this article.
(2) The planning and zoning commission shall hear and render judgment on an appeal
only when it is alleged there is an error in any requirement, decision or determination
made by the floodplain administrator in the enforcement or administration of this article.
(3) Any person or persons aggrieved by the decision of the planning and zoning
commission may appeal such decision in a court of competent jurisdiction.
Sec. 30.03.102 Records, reports
The floodplain administrator shall maintain a record of all actions involving an appeal
and shall report variances to the Federal Emergency Management Agency upon request.
Sec. 30.03.103 Historic places
Variances may be issued for the reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places or the state inventory of historic places,
without regard to the procedures set forth in sections 30.03.104 through 30.03.108.
Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
Sec. 30.03.104 Small lots
Variances may be issued for new construction and substantial improvements to be erected
on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing the relevant factors in section
22
30.03.043 of this article have been fully considered. As the lot size increases beyond the
one-half acre, the technical justification required for issuing the variance increases.
Sec. 30.03.105 Conditions
Upon consideration of the factors noted in section 30.03.043 and the intent of this article,
the planning and zoning commission may attach such conditions to the granting of
variances as it deems necessary to further the purpose and objectives of this article in
section 30.03.002.
Sec. 30.03.106 Increase in flood levels
Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
Sec. 30.03.107 Prerequisites
(1) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(2) Variances shall only be issued upon:
(a) Showing a good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
( c) A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public or conflict with
existing local laws or ordinances.
(3) Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with the lowest floor elevation below the base flood
elevation and that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
Sec. 30.03.108 New coostruction, substantial improvements and other
development
Variances may be issued by the city for new construction and substantial improvements
and for other development necessary for the conduct of a functionally dependent use
provided that:
(1) The criteria outlined in sections 30.03.101 through 30.03.107 of this article
are met; and
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(2) The structure or other development is protected by methods that minimize
flood damages during the base flood and create no additional threats to public
safety.
ARTICLE 30.04 LAKE AREAS WITHIN CITY
Sec. 30.04.001 Water holding capacity maintained
The water holding capacity of any lake area shall not be decreased by reason of a cut and
fill, redesign oflake area or by the addition of water which is not natural runoff water.
Sec. 30.04.002 Dumping
The dumping or other placing of any dirt, debris or other solid materials in any lake area
shall constitute a nuisance, and any person who shall dump, place or permit to be placed
any such material therein shall be guilty of a misdemeanor; provided, however, that this
section shall not apply to the construction of, or to any person engaged in the construction
of, any public work, the extension of any public utilities, or the paving of any roadway in
any lake area, when the project is planned and the work or contract is approved by or is
done under the supervision of the city engineer and the project or work is not designed or
calculated to decrease the water-holding capacity of the lake area involved.
Sec. 30.04.003 Transporting dirt, etc., to area
It shall be unlawful for any person to transport or to direct the transportation of any dirt,
debris or other materials over any of the streets or alleys in the city for the purpose of
dumping or otherwise placing any such materials in any lake area; provided, however,
that this section shall not apply to persons making fills in accordance with section
30.04.014 of this article, nor shall it apply to the construction of, or to any person
engaged in the construction of, any public work, the extension of public utilities, or the
paving of roadways in any lake area, when the project is planned and the work or contract
is approved by or is done under the supervision of the city engineer and the project or
work is not designed or calculated to decrease the water-holding capacity of the lake area
involved.
Sec. 30.04.004 Use of fill
It shall be unlawful for any person to spread, or use for filling purposes or cover over, or
otherwise use or permit to be used upon any land within a lake area any dirt, debris or
other solid materials which have been transported or moved in any manner to a lake area
from outside the lake area, and whoever violates any part of this provision shall be guilty
of maintaining a nuisance; provided, however, that this section shall not apply when a cut
and fill plan has been duly approved by the city engineer and the planning and zoning
com.mission which allows the use of solid materials from outside the lake area to be
24
exchanged for solid materials that have been removed from the lake area and when such
cut and fill plan is not designed or calculated to decrease the water-holding capacity of
the lake area involved. Any appeal of a decision of the city engineer and planning and
zoning commission shall be made to the city council.
Sec. 30.04.005 Existence of fill declared nuisaoce
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.
Sec. 30.04.006 Duty to remove dirt, etc.
It shall be the duty of every person having ownership, control, possession or the right to
possession of any lake area in which dirt, debris or objects or other solid material has
been dwnped or otherwise placed in such manner as to constitute a nuisance to proceed at
once to remove or abate same as soon as its presence comes to his knowledge.
Sec. 30.04.007 Notice to owoers, etc.; order to abate nuisance
Whenever a nuisance defined in section 30.04.006 shall exist within the city, the city
engineer shall cause notice in writing to be given to the owner and the proprietor or
occupant, if any, of the premises whereon such nuisance exists. Such notice shall be
made by letter addressed to such owner, proprietor or occupant, at his post office address,
with return receipt requested, or by publication as many as two (2) times within ten (10)
consecutive days, if personal service may not be had as aforesaid, or if the owner's
address be not known. Such notice shall contain an order to such owner, proprietor or
occupant of such premises to remove or cause the removal of such nuisance within ten
(10) days.
Sec. 30.04.008 Abatement of nuisance; expenses to create lien, etc.
If a nuisance defined in section 30.04.006 is not abated within the time set by the notice
of the preceding section, the city engineer shall cause such nuisance to be abated or
removed and shall defray the expenses thereof out of any money in the city treasury
available for such purpose. All expenses so incurred shall be charged against the owner
and shall be a lien on the land and premises whereupon such nuisance exists to the extent
and in the manner authorized by article 4436, Revised Civil Stahltes of Texas.
Sec. 30.04.009 Filing of expense statement
25
Upon the abatement or removal of a nuisance defined in section 30.04.006 by city forces,
a statement of the expenses incurred by the city in such action shall be signed and
acknowledged by the mayor and filed with the county clerk of the county. A copy of such
statement shall be filed with the city attorney, who shall be authorized to timely file suit
to foreclose the lien for such expenses as provided by article 4436, Revised Civil Statutes
of Texas.
Sec. 30.04.010 Duty to comply with notice; penalty
It shall be the duty of any owner, proprietor or occupant to comply with the provisions of
the notice authorized by section 30.04.008. Any owner, proprietor or occupant who,
within ten (10) days after written notice thereof, shall neglect, fail or refuse to abate the
nuisance defined in section 30.04.006 shall be guilty of a misdemeanor.
Sec. 30.04.011 Prosecutioos to abate nuisances, etc.
The city attorney, upon written request of the city manager, is authorized to prosecute any
and all suits when deemed necessary or expedient, against any person to restrain and
prevent the dumping or other placing of dirt, debris or other objects or other solid
materials in any lake area, and to cause or compel the removal of such dirt, debris,
objects or other material which may have been dumped or placed in violation of this
article.
Sec. 30.04.012 Building permits
Except as provided in the following section, the building official is hereby prohibited
from issuing building pennits for structures within any lake area.
Sec. 30.04.013 Fills generally
(1) The city engineer is authorized to issue pennits to owners to make unifonn fills in
lake areas below the estimated high-water line; provided, that such fills are made by dirt
excavated from below the estimated high-water line, and the fills produce a ground
surface above the estimated high-water level, for all and in such areas intended to be
improved for human habitation if the plans therefor 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 confonn to such fills, and building pennits may be issued when the
ground surface has in fact been raised to an elevation above the estimated high-water
level.
(2) When the planning and zoning commission approves any plat or rep lat of any tract
of land in a lake area affected by an estimated high-water line, and such plat is supported
by plans and specifications for making unifonn fills below the estimated high-water level
by using dirt excavated from below the estimated high-water level and the fills will
produce a ground surface above the estimated high-water level for all land intended to be
26
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 estimated high-water level.
Sec. J0.04.014 Playa lake development and acceptance
(1) Playa lakes are an essential element of drainage systems both in and adjacent to the
City of Lubbock. When critical amoW1ts of development have occurred within any
particular watershed, the public may benefit from owning the property as part of the
overall drainage system. Proposals for such ownership shall include a determination by
the city council that a substantial benefit shall accrue to the public. No lake areas will be
accepted in relatively undeveloped areas unless circumstances exist which merit an
exception.
(2) Dedication or conveyance of a playa lake area shall comply with the requirements
set forth in section 38.01 .005(f). At a minimum all land area below the estimated high-
water elevation of a lake shall be dedicated or deeded to facilitate stormwater drainage.
The subdivider shall dedicate or deed the lake land in one of the following ways:
(a) 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.
(b) The lake area may be deeded to the City of Lubbock for a stormwater
detention basin, subject to approval by the Lubbock 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.
( c) The lake area and additional adjacent property may be deeded to the City of
Lubbock as a city park, subject to approval by the Lubbock City Council, after
review and recommendation by the planning and zoning commission, parks
and recreation board, and the City of Lubbock 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.
ARTICLE JO.OS LAKE AREAS IN EXTRATERRITORIAL JURISDICTION
Sec. 30.05.001 Purpose
27
Pursuant to authority granted by section 401.004 of the Local Government Code, the City
of Lubbock hereby regulates the filling of playa lakes within the city's extraterritorial
jurisdiction as a means for the effective management of storm water runoff to prevent:
(I) Harmful flooding; or
(2) Excess surface water.
Sec. 30.05.002 Exceptions
This article shall not be deemed to interfere with normal agricultural practices, including,
but not limited to, moving soil, terracing, berming for tailwater reuse, plowing, seeding,
cultivating, and harvesting for the production of food or fiber, or prohibit any practice or
activity that does not decrease the water holding capacity of a playa lake.
Sec. 30.05.003 Engineering analysis
The city engineer is hereby authorized and directed to prepare an engineering analysis
and a map of any playa lakes within the extraterritorial jurisdiction of the City of
Lubbock as needed. The engineering analysis shall be performed in accordance with
current engineering requirements for playa lakes approved and adopted by the City of
Lubbock.
Sec. 30.05.004 Prohibited acts
(1) It shall be deemed a nuisance to reduce the water-holding capacity of any playa lake
located within the extraterritorial jurisdiction of the City of Lubbock.
(2) The dumping or other placing of any dirt, debris, or other solid materials below the
indicated high-water level in any playa lake within the extraterritorial limits of the City of
Lubbock shall constitute a nuisance.
Sec. 30.05.005 Fills generally
I In the event that the owner of a playa lake within the city's extraterritorial jurisdiction
desires to cut and fill a playa lake, the regulations provided in article 30.04 of this chapter
for playa lakes located within the city limits shall also apply to playa lakes located within
the city's extraterritorial jurisdiction.
Sec. 30.05.006 Abatement of nuisances
Nuisances under this article pertaining to playa lakes located within the city's
extraterritorial jurisdiction may be abated in the same manner as is provided for by article
30.04 of this chapter for playa lakes located within the city limits.
28
SECTION 3. THAT, unless otherwise provided herein, a violation of any
provision of this Ordinance shall be deemed a misdemeanor punishable as provided by
Section 1.01.004 of the Code of Ordinances of the City of Lubbock.
SECTION 4. 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 5. THAT the City Secretary of the City of Lubbock is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
SECTION 6. THAT this Ordinance shall become effective, except as may
otherwise be provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 27th day of September , 2011 •
Passed by the City Council on second reading this 13th day of October
TOM MARTIN, Mayor
ATTEST:
RclJ7aGarza,
Cit.y Secretary
CONTENT:
APPROVED AS TO FORM:
Amending LCO Chapter 30 -Lakes, Waterways, and Floodplains
09.14.11
29
2011 •