Ord 1368 06/28/2022 Wastewater pf
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... . ... ORDINANCE NO.1368
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AN ORDINANCE AMENDING .THE CODE OF:ORDINANCES OF. THE :.--
CITY OF.CIBOLO, .TEXAS, APPENDIX A - UNIFIED DEVELOPMENT
CODE, ARTICLE 19 AND 20 TO ADOPT SUBDIVISION REGULATIONS
RELATING TO MINIMUM LEVEL OF SERVICE STANDARDS FOR
WASTEWATER SYSTEMS; DECLARING A =PUBLIC PURPOSE;
_ .
INCORPORATING RECITALS; -PROVIDING A: REPEALER AND
SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; AND SETTING
AN EFFECTIVE DATE:
WHEREAS, the City Council has determined that setting minimum standards for adequate level
of service for public facilities:
NOW, THEREFORE, the Cibolo City Council has considered the effect of these amendments
and has determined them to be appropriate, necessary and in the public interest;
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS:
SECTION 1. AMENDING SECTION 19.1 GENERAL: TO UDC - From and after the
effective date, Section 19.1 GENERAL; Subsection (F.) Adequate Service for Areas Proposed
for Development, of the City's Unified Development Code, shall be amended to add the
following subsections, and shall hereinafter read as follows:
,,Section 19.1 General
F. Adequate Service for Areas Proposed for Development
Land proposed for development in the City and in the City's ETJ must be served adequately
by essential public facilities and services, 'limited to water facilities, wastewater facilities,
transportation facilities, and drainage facilities, as set forth in this UDC. Land shall not be
approved for platting or development unless and until adequate public facilities,necessary to
serve:the development exist or. provision has been made for the ,facilities, whether the
facilities are to be located within the property being developed or offsite. The rules provided
in this section shall be considered,cumulative of and in addition to any other applicable
requirements established by an other ther provision of the UDC or other law. A subdivision plat
shall not be filed or recorded until it has been approved by the City Council and all public
improvements have been.inspected and preliminarily approved by the City Council or,
otherwise provided for by a development agreement,:and any such actual recording shall be
void unless such approval shall be endorsed on the face of the plat as hereinafter provided.
1. Minimum Level of Service:Standards`for Wastewater.
a. Restrictions;.purpose.. No development application or project shall be approved if the
Utility Provider has exceeded or is projected to exceed 95 percent of its wastewater
treatment capacity; based upon its then-available treatment capacity as reported to
Texas Commission on Environmental Quality ("TCEQ") and any additional treatment
capacity Programmed:for Commencement of Construction within the then current or .
the next fiscal year of the providers capital improvement program, with the remaining
five percent of wastewater treatment capacity being reserved for future economic .
development, institutional or.civic uses. The purpose of this criterion is to-provide
safeguards to ensure adequate public infrastructure to serve the demands created by
new development without degrading or diminishing service ' levels to existing .
development.
b.: Application. For residential projects, applicable to . applications for master plan
amendments, zoning amendments, development plans and record plats; with capacity
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AMENDING THE UDC TO ADOPT WASTEWATER L.O.S.
7362/8 DM#285265.3
being reserved at record plat approval. For nonresidential projects applicable to
applications for master plan amendments,:zoning amendments, development plans '
record plats and site plans, with capacity being reserved:at site plan approval. This
section does not apply to_.a wastewater system that qualifies as an on-site sewer
systern as defined by the TCEQ.("OS SF"), grease traps,or,portable toilets.
c. Definitions:
L "Utility Provider" means an entity, other than the City, who is
regulated by the TCEQ 'and "is the provider of th&:utilfty through a
CCN, service area, or other legal means.
ii.. "Programmed for Commencement of Construction" means that capital
infrastructure capacity improvements programmed for commencement
of construction within the then current or the next fiscal year of:the
City's or Utility Provider's adopted Five-Year Capital Improvement
Program, or part. of any executed interlocal agreement to which the
... City or Utility Provider is a party and-.intends to enjoy the benefits of
increased capacity within the then current or the next fiscal year.
iii. "Programmed capacity improvements"— capital infrastructure capacity
improvements on the City's or Utility Provider's currently adopted
Capital Improvements Program; or part of any executed interlocal
. _. .
agreement to which the City or Utility. Provider is a party.and intends
to enjoy the benefits of increased capacity.
d. Methodology. Total available treatment capacity for the wastewater treatment plant
shall be the sum of the TCEQ permitted discharge flow (in MGD) from the treatment:
plant; to which the project or development'will .be physically connected at final
platting and any treatment capacity projected to be available from programmed
capacity .improvements. Net available treatment capacity shall be equal to total
available treatment capacity less 5.0% to be reserved for economic development, .
institutional, emergency or civic uses. Total projected demand for areas served by the
wastewater treatment plant shall be the sum of projected wastewater flows for all
existing lots, and approved but not constructed development, plus the projected .
wastewater flows for the proposed development. For proposed development to be .
approved, total projected demand must not exceed net available treatment capacity. In
order to reduce negative effects of land, permit or construction delays_capacity may
only be considered for treatment plants) permanently connected by physical, non-
interrupted, facilities from generation source to treatment facility at or prior to final
platting.
e. INFORMATION NEEDED FOR ANALYSIS: The information needed to:perform
the analysis necessary to determine compliance with this section is shown on the
following Table 1 along with who is responsible.for providing the information, the
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7362/8:DM#285265.3
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source of that information -and when the information is to be provided during the
application process. For non-residential developments, demand may_not be known
until same: is'reserved by Utility Provider based on ultimate developed.use and -
therefore,reasonable assumptions and estimations maybe used.due to size, zoning
and developer representations.
f. : _Development Aphcation Requirements. In .addition to the items required"by any
development application and checklist of Section 20.3.4, the following must be
reviewed and approved prior to the submittal of the Engineer/Construction Plan
application and submitted with the application in order for. it to be, accepted as
complete,unless the City.Engineer or Director of Planning determines that one of the
items is either not needed or may be reviewed concurrently to process the
Engineer/Construction Plan Application:
L Wastewater capacity analysis; and
ii. Executed standard or non-standard service agreement with -d
wastewater Utility Provider" including a statement representing
capacity to serve at the minimum standards herein required.
Table 1
Wastewater Treatment Plant Capacity
Who Provides How is Information"
When is
Information Needed Information
Information Obtained Needed
CAPACITY
— Existing wastewater treatment Utility Provider Wastewater Master Plan Initial Submittal
plant capacity
— : Programmed Capacity' Utility Provider CIP,Interlocal Agreement Initial Submittal
DEMAND
— Existing flows Utility Provider Wastewater Treatment. Initial Submittal
Plant Records
— Projected flows by lot inventory Utility Provider Wastewater Master Plan. Initial Submittal
(updated periodically based
on actual flows)
Projected.flows for proposed Utility Provider Wastewater Master Plan' - Initial Submittal
new residential development (flows per.Tot—updated
periodically)-
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AMENDING THE UDC TO ADOPT WASTEWATER L.O.S.
7362/8:DM#285265.3
Location,number of lots, and Applicant Applicant Initial Submittal
acreage of proposed new
residential development
Location,size and projected Applicant Historical Data or Type of Initial Submittal
flows for proposed new non- Use based on zoning.
residential'development ... Reasonableestimate if
ultimate use not known.
SECTION 2. AMENDMENTS.TO UDC ARTICLE 20. From and after the effective date,
Subsection 20.1.3(b); Article 20 — Subdivision.Regulations, of the City's Unified Development
:Code, shall hereinafter read as follows with the deletion of the struck-through text and the
addition of the underlined text:
Section 20.1.3 Authority of the City; Extension to Extraterritorial Jurisdiction
(ETJ); Purpose.. .
B. Purpose. In order io aebie Y e orderly, ems` "+ ""a o t+. ly sotmd developmemeehd.nismsr,4
of!and, th6 City must be provided with Oprepri4te guidelines and development manage.ment
. .
adopted by the City, provides those guidelines -And ffleeh.64 zsms. The provisions of.this
Article, in 'conjunction with other applicable provisions of the UDC, constitute rules
governing plats and subdivisions of land.within the City and its ETJ which have been
adopted to promote the health, safety, morals, or general welfare of the:City and/or the safe,
orderly, and healthful development of the City, as authorized by Section 212.002 of the
Texas Local Government Code.
SECTION 3..AMENDMENTS TO UDC ARTICLE 20. From and after the.effective date,
Subsection 20.3.3 Preliminary Plat, Subsection D, of the City's Unified Development Code, shall
hereinafter read as follows to include the additionof the underlined number 6. in the list:
20:3.3 Preliminary Plat
D. With the Preliminary Plat Submittal additional. reports, data and information, shall be
submitted under separate cover identified as an Engineering Report and will include the
following:
6. Developer must also provide the Standard or Non-Standard-Service Agreement Letters
and Wastewater Capacity Analysis required in Section 19.1.F.l.f of this UDC.:-
NOTE: All remaining sections of the UDC shall remain unchanged.
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AMENDING THE UDC TO ADOPT WASTEWATER L.O.S.
7362/8 DM#285265.3
SECTION 4. PUBLIC PURPOSE. .The City Council.finds that:the amendments to the UDC
are in the public interest and are necessary to promote the. health, safety and welfare of the
- public:
SECTION 5. INCORPORATING RECITALS. The City Council approves the recitals hereto
and incorporates them herein as findings of fact.
SECTION 6. REPEALING ORDINANCES- IN CONFLICT AND SAVINGS :CLAUSE-
All ordinances or parts of ordinances in conflict Herewith are.hereby repealed to the extent of
such conflict with all remaining portions not conflicting being saved from repeal herein.,
SECTION 7._SEVERABILITY..If any section, subsection, sentence, clause or phrase of this
ordinance is.for any reason held to be unconstitutional or illegal, such decision:shall not affect
the validity of the remaining sections of this ordinance. The City Council hereby declares that it
would have passed this .ordinance, and each section, subsection, clause, or phrase thereof,
irrespective of the fact that any one or more sections; subsections, sentences, clauses or phrases
be declared:-void.
SECTION 8. EFFECTIVE DATE. The Ordinance. shall be effective.immediately following
publication as required by law.
:ORDERED'thisa. day of 2022. .
By:
STOSH B LE
Mayor
ATTEST:
PEGGY CIMICS
City Secretary.
APPROVED AS TO FORM:
FRANK GARZA, City Attorney
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AMENDING THE UDC TO ADOPT WASTEWATER L.O.S.
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