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Home My WebLink About2007-2955 - Ordinance - 02/08/2007 ORDINANCE NO. 2955 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNqL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "UNIFIED DEVELOPMENT ORDINANCE", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibits "A" through "D", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 8th day of Februarv. 2007. APPROVED: ~4--I' .J"Lfi,; ./ RON S .' ayor 0;:; t1wRJ Connie Hooks, City Secretary APPROVED: 1'~i~~~1 City Attorney Ordinance No. 2955 Page 2 EXHIBIT "A" That Chapter 12, "UNIFIED DEVELOPMENT ORDINANCE", Article 2. Development Review Bodies, Section 2.7 Development Engineer, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by amending Sub-section C. Powers and Duties as set out hereafter to read as follows: C. Powers and Duties The Development Engineer has the following powers and duties in regard to engineering requirements and flood hazard protection: 1. Review and approve, approve with conditions, or deny driveway applications; 2. Maintain and hold open for public inspection all records pertaining to the provisions of the flood hazard protection regulations; 3. Review and approve, approve with conditions, or deny all applications for development permits; 4. Assure that adequate inspection of construction permitted under the terms and provisions of this UDO are carried out in accordance with the permitted plan; 5. Maintain, update, and provide to interested parties at a reasonable cost the Bryan/College Station Unified Design Guidelines, Technical Specifications and Standard Details; 6. Assure that adequate maintenance of drainage pathways, including altered or relocated waterways, is provided such that capacity for carrying stormwater flows is maintained; 7. Provide interpretation, where required, of boundaries of Areas of Special Flood Hazard, location of floodway, and water surface elevations, when disputes arise during review; 8. Provide information to the Zoning Board of Adjustment, Municipal Court, or City Council, as applicable on all variance requests, administrative appeals, enforcement actions, and proposed amendments to the Bryan/College Station Unified Design Guidelines, Technical Specifications and Standard Details as required; 9. Review and utilize any acceptable new flood study data in accordance with the Bryan/College Station Unified Design Guidelines, Technical Specifications and Standard Details; 10. Notify adjacent communities and the Texas Commission on Environmental Quality (TCEQJ. prior to any alteration or relocation of a watercourse, and submit evidence of notification to the Federal Insurance Administration; 11. Review and make recommendations to the City Council concerning Development Agreements; 12. Interpret the terms and provisions of Section 7.8, Drainage and Stormwater Management, as required, as they apply to each project, in accordance with the stated purpose of that Section; 13. Review permits for proposed development to ensure 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; and 14. Review and approve or deny alternative materials or standards for site construction. EXHIBIT "B" That Chapter 12, "UNIFIED DEVELOPMENT ORDINANCE", Article 3. Development Review Procedures, Section 3.8 Development Permit, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by amending Sub-section A. Applicability as set out hereafter to read as follows: A. Applicability A development permit shall be required prior to any development, as defined in Article 11, Definitions, to ensure conformance to the provisions and requirements of this UDO. The following uses are exempt from the permitting requirements of this Section, but shall otherwise meet all of the requirements of this UDO and the Bryan/College Station Unified Design Guidelines, Technical Specifications and Standard Details and Section 7.8 Drainage and Stormwater Management: Customary and incidental grounds maintenance, landscaping, and gardening. 1. Drainage-related improvements or modifications by a homeowner on property used as their principal residence where that property lies outside of the designated Area of Special Flood Hazard. 2. Uses by a landowner of their property for bona fide agricultural purposes. O/groupllegal/ordinance/amendmentform.doc ORDINANCE NO. 2955 Page 4 EXHIBIT "C" That Chapter 12, "UNIFIED DEVELOPMENT ORDINANCE", Article 11. Definitions, Section 11.2 Defined Terms, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by amending the definition "Drainage Facility" as set out hereafter to read as follows: Drainage Facility: Any element necessary to convey stormwater flows from its initial contact with earth to its disposition in an existing watercourse; said drainage facilities shall consist of both public and private storm sewers (closed conduits), streets, improved channels constructed in conformity with the Bryan/College Station Unified Design Guidelines, Technical Specifications and Standard Details, unimproved drainageways left in their natural condition, areas covered by drainage easements for the purpose of providing concentrated or overland sheet flow, and all appurtenances to the foregoing, including inlets, manholes, junction boxes, headwalls, energy dissipaters, culverts, etc. culu:\ordinance 2007\febl1lary 2007\ordinance no 2955.doc 2//3/07 ORDINANCE NO. 2955 Page 5 EXHIBIT "D" That Chapter 12, "UNIFIED DEVELOPMENT ORDINANCE", Article 11. Definitions, Section 11.2 Defined Terms, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by amending the definition "Drainage System, Primary" as set out hereafter to read as follows: Drainage System, Primary: The system of natural watercourses, improved or channelized watercourses; and all closed conduits, culverts, bridges, detention facilities, and retention facilities associated with the watercourses; all of which are shown or indicated in the Bryan/College Station Design Guidelines, Technical Specifications, and Standard Details. culu:\ordinance 2007\february 2007\ordinance no 2955.doc 2/13/07