ORD 662 01/25/2005 ORDINANCE NO. F h 2
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS,
AMENDING ORDINANCE NO. 590 LAND SUBDIVISION j
ORDINANCE, AS AMENDED, BY AMENDING APPENDIX B
PARAGRAPH D. SUBSECTION 3. h (3); AMENDING APPENDIX
B PARAGRAPH D. SUBSECTION 3. i. (3); ADDING APPENDIX B
PARAGRAPH. D. DRAINAGE AND STORM SEWERS; ADDING
APPENDIX B SUBSECTION D. 3. n.; ADDING APPENDIX B
SUBSECTION D. 4. CRITERIA FOR DESIGN OF DRAINAGE
FACILITIES; PROVIDING FOR INCORPORATION;
PROVIDING FOR ADOPTION; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES
OF THE CITY OF CIBOLO NOT IN CONFLICT WITH THE
PROVISIONS OF THIS ORDINANCE; PROVIDING FOR
SEVERABILITY; PROVIDING SAVINGS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Cibolo, Texas, is a Home Rule Municipality located in
Guadalupe County, Texas, created in accordance with provisions of the Texas Local
Government Code and operating pursuant to its adopted City Charter and all applicable
laws and enabling legislation of the State of Texas; and
WHEREAS, the City of Cibolo, Texas, is governed by a Home Rule Charter that was
approved by the Citizens of Cibolo in a duly called election held on September 11, 2004;
and
WHEREAS, the City of Cibolo, Texas, adopted Ordinance No. 590 (Land Subdivision
Ordinance) declaring the policy and rules and regulations governing the platting and
subdivision of land in the City limits and in the extraterritorial jurisdiction; and
WHEREAS, the City Council has considered the merits of these amendments to the
Land Subdivision Ordinance and has determined that this ordinance is necessary to
protect the health, safety, morals, and welfare of the community.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS...
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SECTION 1.
INCORPORATION
That the above and foregoing premises are true and correct and are incorporated herein
and made part hereof for all purposes.
SECTION 2.
ADOPTION
That the Ordinance provisions incorporated in Section 3 herein are hereby adopted by the
City Council of the City of Cibolo, Texas, and amend Ordinance No. 590.
SECTION 3.
AMENDMENTS
That Appendix B. CONSTRUCTION STANDARDS, Paragraph D., Subsection 3. h. (3)
shall be amended to read as follows:
"D. 3. h(3) Easements for concrete lined channels shall extend a minimum of five (5)
feet on both sides of the extreme limits of the concrete lining. In addition,
the City of Cibolo will not accept maintenance responsibility for any
channels that contain a width of less than fifteen (15) feet at their
narrowest point. An easement of fifteen(15) feet or greater is required for
ingress and egress for maintenance for each one thousand five hundred
(1,500) linear feet or fraction thereof of drainage channel for drainage
channels that measure fifteen(15) feet or more for their entire length."
That Appendix B. CONSTRUCTION STANDARDS, Paragraph D., Subsection 3. i. (3)
shall be amended to read as follows:
"D. 3. i. (3) Easements for earth sodded channels shall extend a minimum of five (5)
feet on one side and fifteen (15) feet on the opposite side of the extreme
limits of the channel when such a channel does not abut an alley or
roadway. When such a channel abuts an alley or roadway, the easement
shall extend a minimum of five (5) feet on each side of the extreme limits
of the channel. The City will not accept maintenance responsibility for
any channel that contain a width of less than fifteen (15) feet at its
narrowest point. An easement of fifteen (15) feet or greater is required for
ingress and egress for maintenance for each one thousand five hundred
(1,500) linear feet or fraction thereof of drainage channel for drainage
channels that measure fifteen(15)feet or more for their entire length."
That the following shall be added to Appendix B CONSTRUCTION STANDARDS:
"D. DRAINAGE AND STORM SEWERS. The subdivider shall be responsible for
providing an adequate drainage system approved by the City Engineer that may consist of
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pipes, swales, natural features and manmade improvements that effectively carry runoff
from the development. Detention ponds, retention ponds, and siltation ponds shall be
used individually or in concert to control runoff and protect downstream interests from
increased flooding from the subdivision.
D. 3. n. Storm Water Retention or Detention Facilities
A. Storm water retention or detention facilities must reduce peak flows from
the 10-year, 24-hour storm and the 100-year, 24-hour storm, such that
these peak flows are no greater than under pre-developed conditions.
B. The method(s) of retention or detention shall be appropriate to the type of
development, topography, and amount of control needed. Suggested
measures include the following:
1. Basins or swales—single or multiple
2. Check dams in gullies to slow runoff and trap sediment
3. Leach fields, infiltration chambers, dry wells, rain barrels, French
drains
4. Granular fill under permeable paving blocks
5. Contour terracing, improved vegetation cover
C. Detention/retention facilities may be incorporated into parks, open space
areas and landscaping designs if approved by the City Council after
recommendation by the City of Cibolo Parks Board. Parking areas may be
used as detention or retention facilities provided that maximum depths of
ponding do not exceed eight (8) inches, and ponding is in the areas most
remotely situated from structures.
D. Storm water infiltration systems are not permitted in any development
where there is a potential for pollutants to adversely affect ground water
quality(e.g. EARZ).
E. No detention or retention basin shall retain standing water longer than 36
hours unless it is designed and constructed to be a permanent pond with
appropriate health, safety, and water quality measures, and water rights
requirements for such a body of water.
F. Individual lot basins within subdivisions may be approved for lots of one
(1) acre or more with slopes less than five percent(5%).
G. Specific requirements for retention/detention facilities are as follows:
1. Facilities shall be located such that the edge of the 100-year water
surface is a minimum of ten (10) feet from the edge of any public
road. Finished floors of adjacent structures shall be a minimum of
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one (1) foot above the 100-year water surface in the facility.
Facilities should be located such that the invert of the outlet
structure is above the 100-year flood level in the receiving body;
but in all cases facilities shall be designed to function properly
during conditions where the outlet is submerged by the tail water
of the receiving stream.
2. Drainage easements dedicated to the public or open space areas
dedicated to a Home Owner's Association shall be dedicated for
retention/detention facilities. Easement boundaries or open space
boundaries shall be sized to contain the berms, inlet and outlet
structures, access ramps, permanent erosion control facilities, the
100-year water surface and any additional area needed for access
and maintenance.
3. Ponding below natural grade (depressed storage) is encouraged.
4. Detention facilities shall be designed with one (1) or more outlet
structures to allow safe passage of the 100-year post-development
design storm runoff. In addition, an emergency spillway shall be
provided with sufficient capacity to pass at least the 25-year design
storm runoff assuming the pond is full. Spillways and outlets shall
be protected from erosion with riprap, ground riprap, or other
method or erosion control to adequately protect the structure and
downstream channel. Outflows shall be conveyed to an
appropriate receiving drainage facility in a manner such that
roadways,buildings, etc. are not damaged.
5. In the event that a detention facility empties into another storage
facility downstream, the effect of the facility's outflow hydrograph
(volume and peak flow) on that facility shall be evaluated by the
subdivider and said evaluation shall be submitted with the
engineering designs for the detention facility.
D. 4. Criteria for Design of Drainage Facilities
A. The planning and design of drainage systems shall ensure that problems
are not transferred from one location to another. Grading and other
construction amenities may not change the terrain to cause damage to
public or private property from drainage or flood problems, increased
runoff, or increased erosion or sediment movement.
B. Lot to lot drainage of sheet flows shall be prohibited in subdivision design.
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C. The City Engineer shall not approve any drainage plan, drainage detail or
drainage report pertaining to proposed construction, platting or other
development where the proposed activity or change in the land would
result in post-development discharge from the site exceeding discharge
under natural conditions (prior to grading or other development),
immediately downstream of the proposed site. Downstream capacity shall
not be exceeded as a result of development. Exemptions form these
provisions are as follows:
1. Additional drainage improvements are not required if drainage
improvements have been provided for fully developed conditions,
which includes the proposed development.
2. A fee may be utilized in place of a detention/retention system, at
the request of affected persons, when it can be clearly
demonstrated that detention/retention at the site does not provide
off-site flood relief due to the parcel size, location, or other factors.
The amount of the fees shall be determined by the City Engineer
and shall be used to construct public flood control improvements,
which will be designed to mitigate the potential damage of
floodwaters associated with the property from which the fees are
contributed. The amount of the fee shall be proportional to the cost
of the otherwise required detention/retention system and shall not
preclude the City from assessment and collection of drainage
impact fees in addition to any fees specified herein.
SECTION 4.
CUMULATIVE CLAUSE
That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas,
except where the provisions of this Ordinance are in direct conflict with the provisions of
such Ordinances, in which event the more restrictive provision shall apply.
SECTION 5.
SEVERABILITY
That it is hereby declared to be the intention of the City.Council of the City of Cibolo that
the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this Ordinance should be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this Ordinance, since the same would have
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been enacted by the City Council without incorporation in this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
SAVINGS
That all rights and privileges of the City of Cibolo are expressly saved as to any and all
violations of the provisions of any Ordinances affecting the generation of noise, which
have accrued at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such Ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 7.
EFFECTIVE DATE
That this Ordinance shall be effective immediately upon the passage and approval of the
City Council of the City of Cibolo, Texas.
AND IT IS SO ORDAINED.°
PASSED AND APPROVED by a vote of 5 for to (23 against this 25th day of January,
2005.
AP' 'OVE :
Charles lu
„A„,
Mayor ppert
ATTEST:
A c),PAL
v nne Griffin, City �retary
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