Ordinance No. 10,766ORDINANCE NO. 10,766
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 34 "ENVIRONMENT" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW ARTICLE TO BE
NUMBERED AND ENTITLED ARTICLE VIII "WATERSHED PROTECTION"
TO PROVIDE FOR THE PROTECTION OF CERTAIN WATERSHEDS WITHIN
THE BOUNDARY LIMITS AND EXTRATERRITORIAL JURISDICTION OF
THE CITY OF BAYTOWN, TEXAS, BY REQUIRING PERMITS FOR CERTAIN
ACTIVITIES ON OR ADJACENT TO SURFACE WATER BODIES WITHIN THE
BOUNDARIES AND EXTRATERRITORIAL JURISDICTION OF THE CITY OF
BAYTOWN, TEXAS, AND BY ESTABLISHING MINIMUM STANDARDS FOR
ACTIVITIES WHICH HAVE THE POTENTIAL TO POLLUTE WATERSHEDS
AND SURFACE WATER BODIES; PRESCRIBING A MAXIMUM PENALTY OF
TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
*****************************************************************
WHEREAS, the City of Baytown, Texas (the "City") enjoys an abundance of surface water
resources which provide priceless economic, environmental, source water, aesthetic and recreational
benefits; and
WHEREAS, history has shown that without adequate protection these water resources are
subject to degradation and pollution from point and non-point (stormwater) sources, erosion,
sedimentation and increased turbidity; and
WHEREAS, a majority of the surface water bodies in and surrounding the City have become
degraded and are listed as "impaired waters" pursuant to § 303(d) of the Federal Clean Water Act;
and
WHEREAS, the quality of these water resources must be assured in order to provide for the
health, safety and welfare of the public as well as a healthy economic climate and development of
future public water supplies; and
WHEREAS, the Texas Legislature, in adopting § 401.002 of the Local Government Code,
has authorized home rule municipalities the legal authority to police and protect watersheds and
streams within a municipality's boundaries and its extraterritorial jurisdiction ("ETJ"); and
WHEREAS, stormwater runoff and point source pollution represent the greatest threat to the
preservation, protection and improvement of surface water quality faced by the City; and
WHEREAS, uncontrolled use and development of property abutting or adjacent to surface
water bodies causes and contributes to the degradation and pollution of these vital resources; and
WHEREAS, the City must take all lawful and necessary actions to preserve and protect its
water resources for the future health and well-being of its citizens and the growth and development
of its economy; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to be
true and such recitals are hereby approved and made a part of this Ordinance for all purposes and are
adopted as a part of the judgment and findings by the City Council of the City of Baytown, Texas.
Section 2: That Chapter 34 "Environment" of the Code of Ordinances, Baytown, Texas,
is hereby amended to add a new article to be numbered and entitled Article VIII "Watershed
Protection," which said article reads as follows:
CHAPTER 34. ENVIRONMENT
ARTICLE VIII. WATERSHED PROTECTION
Section 34-421. Purposes.
The purposes of this article are to protect the health, safety and general welfare of City
residents; to protect public water resources and to improve water quality; to cause the use of
management practices by the City and its citizens that will reduce the adverse effects of polluted
runoff discharges into waters of the State; to secure benefits from the use of stormwater as a
resource; to protect current or potential public water supplies; and to ensure that the City is
compliant with applicable state and federal law.
Section 34-422. Applicability and Exceptions.
a) The provisions of this article shall apply within the boundary limits and ETJ of the city
watershed protection map. The areas identified on the watershed map are considered to be
essential for the protection of surface water bodies from the effects of point and non-point
source pollution, sedimentation, erosion and increased turbidity and for the improvement of
water quality for existing and future uses by the city, its residents, businesses, visitors and
adjacent property owners.
b) The provisions of this article shall apply to proposed projects or developments within the
areas designated as watershed protection zones on the watershed map.
c) The provisions of this article are subject to the following exceptions:
1) It is not intended that these regulations interfere with any easements, covenants or
other agreements between parties. However, if the provisions of these regulations
impose greater restrictions or higher standards for the use of a building or land, then
the provisions of this article shall control.
2) Existing development is not subject to the requirements of this article.
3) This article does not apply to otherwise affected property within a watershed
protection zone if such land is developed for a single-family residence not a part of a
subdivision as defined in section 126-1.
4) This article does not apply to private non-commercial watercraft facilities used for
launching, loading, storage, beaching, mooring or docking on non-commercial docks
or access facilities, provided such improvements do not have the capacity to facilitate
more than two watercraft at a time, involve no more than 40 linear feet of shoreline
structure, and are appurtenant to such private residential or recreational development.
5) The provisions of this article do not apply to properties subject to an IDA.
6) The provisions of this article do not apply to any property or project granted a
variance pursuant to section 34-428.
Section 34-423. Definitions.
The following words, terms and phrases when used in this article, shall have the meaning
ascribed to them in this section, except where the context clearly indicates a different meaning:
Developer means a person who seeks or receives permits for or who undertakes land
development activities.
Development means any construction, external repair, land disturbing activity, grading, road
building, pipe laying, or other activity resulting in a change in the physical characteristics of any
parcel or land.
Director means the city's director of engineering.
ETJ shall mean the extraterritorial jurisdiction of the city, as now existing or hereinafter
amended.
Existing Development means lawful land uses, developments and activities existing prior to
December 16, 2007.
IDA means a valid industrial district agreement in which the City was a party and which was
in existence on December 16, 2007. The term expressly excludes any extensions or renewals of
such agreements after December 16, 2007.
Potential contaminating activities means activities identified as having the potential to
discharge contaminants from point or non-point sources or increase sedimentation or turbidity of
surface water bodies.
Surface water body means and refers to lakes, bays, ponds, impounding reservoirs, streams,
rivers, creeks, estuaries, marshes, inlets, canals and all other bodies of surface water, natural or
artificial, inland or coastal, fresh or salt, navigable or non-navigable and including the beds and
banks of all watercourses and bodies of surface water, that are wholly or partially within the
boundary and/or ETJ of the city.
Watershed means any area lying within the drainage basin of any surface water body.
Watershed protection map shall mean the map adopted by the city council designating areas
as public watersheds and all explanatory matter contained thereon.
Watershed protection zones shall mean those areas identified in the watershed map, which
the city finds to be critical areas for the protection, preservation and improvement of water quality
within the boundaries and the ETJ of the city. An area designated as a watershed protection zone
shall include the first 200 feet from the shoreline of a water body appearing in the watershed map as
measured by the mean high water level for the affected water body.
Section 34-424. Use Regulations.
a) The following uses and activities, unless exempted from the application of this article or
granted a variance pursuant to sections 34-422(c) and 34-428, shall be specifically prohibited
within a watershed protection zone:
1) Storage or production of hazardous materials as defined in either or both of the
following: Superfund Amendment and Reauthorization Act of 1986 and/or
Identification and Listing of Hazardous Wastes, 40 CFR § 261;
2) Disposal of hazardous materials or solid wastes or operation of a landfill for disposal
of such wastes;
3) Treatment of hazardous material, except remediation programs authorized by a
government agency to treat hazardous material;
4) Dry-cleaning, dyeing, printing, photo processing, electroplating and any other
business that stores, uses or disposes of hazardous material unless all facilities and
equipment are designed and operated to prevent the release or discharge of hazardous
materials and have undergone an inspection to certify that they are in compliance
with hazardous material regulations;
5) Disposal of septage or septic sludge;
6) Automobile repair and service stations;
7) Airfields, landing strips and heliports;
4
8) Power generating facilities;
9) Commercial marinas and barge terminals;
10) Bulk storage or terminalling of oil, oil products or chemicals in tanks or vessels with
capacities exceeding 500 gallons;
11) Junkyards and outdoor storage yards;
12) Petroleum product pipelines not within a pipeline corridor in existence on
December 16,2007;
13) Truck terminals and truck washing facilities;
14) Concrete batch plants, asphalt plants and quarry operations;
15) Feedlots and confined animal feeding operations;
16) Metal or metal-ore smelting or kiln operations;
17) Animal rendering operations;
18) Commercial surface coating and painting facilities;
19) Marine vessel repair and manufacturing facilities; and
20) Any other use determined by the director as potentially contaminating activities on a
case-by-case basis.
Section 34-425. Permits and Site Plans
a) In addition to any required federal or state permits, all land disturbing activity, construction
or other development within a watershed protection zone, other than certain exempted
activities pursuant to section 34-422(c), may be conducted only with a watershed protection
zone permit issued by the director and must be in full compliance with the terms of this
article and other applicable regulations. All activities that are not permissible as a right or
under the authority of a watershed protection zone permit are prohibited.
b) Applications for a watershed protection zone permit shall be submitted to the director who
shall make an initial determination of whether or not a site plan is required based upon
subsection (g) of this section.
c) The following activities and developments are exempt from the requirements for a detailed
site plan:
1) Single-family detached homes constructed within a subdivision of four or fewer
parcels;
2) Repairs to a facility that is part of a previously approved and permitted development,
which repairs do not exceed 50% of the appraised value of the improvements; and
3) Construction of minor structures, which are accessory to the primary principal use of
a single-family residence, such as a barn, shed or addition to single-family
residences.
d) Except as provided for in sections 34-422(c) and 34-425(c), all new development within a
watershed protection zone shall be required to have a site plan prepared and approved in
accordance with this article before any building permits or other development-related
permits may be issued or any land-disturbing activity may take place.
e) Site plans shall comply with the below criteria and shall be submitted upon the request of the
director in his review of the application for a watershed protection zone permit.
1) The site plan shall be drawn to scale showing all planned improvements, including
the width, depth, and length of all existing and proposed structures, roads, water
courses and drainage ways; water, wastewater and stormwater facilities; and utility
installations;
2) Location, dimensions, and area of impervious surfaces, both existing and proposed,
on the site;
3) The orientation and distance from the boundaries of the proposed site to the nearest
bank of the affected stream or water body;
4) Elevations of the site with grading plans and erosion and sediment control plans
showing existing and proposed contours at two feet intervals;
5) Location and detailed design of any spill or leak collection systems designed for the
purpose of containing accidentally released hazardous or toxic materials or
pollutants; and
6) Boundary of any wetlands as defined by § 404 of the Clean Water Act and as defined
in the V.T.C.A., Water Code and its implementing regulations.
0 At the time of the filing of a watershed protection zone permit application, the applicant shall
pay a non-refundable filing fee in the amount of $500.00.
g) Applications for development within a watershed protection zone will be evaluated by the
director to ensure that:
1) The development is not a prohibited use as defined by this article;
2) Non-point source pollution is prevented to the maximum extent possible, by taking
into account site conditions such as slope, soil type and erosivity, and vegetative
cover;
3) Management practices are in place sufficient to remove or neutralize those pollutants
that present a potential impact to the receiving water body;
4) Grading and removal of vegetation at a development site is minimized and erosion
and sediment control measures are in place and properly installed;
5) All sewage disposal systems will be monitored, inspected and maintained on a
regular basis to ensure proper functioning; and
6) The development and its operations are consistent with the purposes of this article.
h) Persons involved in potentially contaminating activities within a watershed protection zone
but which have received a watershed protection zone permit must submit a spill control plan
for approval. This plan must include the following elements:
1) Disclosure statements describing the types, quantities, and storage locations of all
contaminants that will be part of the proposed project;
2) Contaminant handling and spill protection techniques;
3) Spill reporting procedures, including a list of affected agencies to be contacted in the
event of a spill; and
4) Spill recovery plans, including a list of available equipment.
i) Watershed protection zone permit applications shall be filed with the director The review
process may be extended if the application is incomplete or the city requests additional
information. The permit application shall expire should a person fail to respond to request
for information from the director within 30 days of such request and a new application and
non-refundable filing fee shall be required.
j) Decisions on watershed protection zone permits made by the director may be appealed to the
city council upon an applicant's filing of a written notice of appeal with the city clerk within
ten (10) days of issuance of the permit decision. The notice of appeal must contain specific
information detailing why the application should be granted and/or how the director erred in
making any adverse rulings regarding the application.
k) If construction described in the watershed protection zone permit has not commenced within
twelve (12) months from the date of issuance, the permit shall expire. If construction
described in the watershed protection zone permit is suspended after work is commenced,
the permit shall expire twelve (12) months after the date the work is ceased.
1) All development activities or site work conducted after approval of a site plan and issuance
of a watershed protection zone permit shall conform to the site plan and all permit
provisions.
Section 34-426. Impact Study.
a) All applications for watershed protection zone permits shall contain an impact study.
b) An impact study shall be performed or reviewed and certified by a professional engineer
licensed in this state and shall include, at a minimum, the following information:
1) Description of the proposed project including location and extent of impervious
surfaces; on-site processes or storage of materials; the anticipated use of the land and
buildings; description of the site including topographic, hydrologic, and vegetative
features;
2) Characteristics of natural runoff on the site and projected runoff with the proposed
project, including its rate and chemical characteristics deemed necessary to make an
adequate assessment of water quality;
3) Measures proposed to be employed to reduce the rate of runoff and pollutant loading
of runoff from the project area, both during construction and after;
4) Proposed runoff control and water quality protection measures for the site. These
measures shall be designed with the goal of ensuring that the rate of surface water
runoff from the site does not exceed pre-development conditions and that the quality
of such runoff will not be less than pre-development conditions. Special emphasis
shall be placed on the impacts of proposed encroachments into any required buffer;
and
5) Where the developer of the property subject to the terms of this article seeks to
utilize existing or planned off-site stormwater quality management facilities, the
developer shall provide a written certification that the owner of the off-site facilities
will accept the runoff and be responsible for its adequate treatment to a level
acceptable to the director.
c) Such study shall be submitted to the director for review and approval concurrent with the
submission of applications for review and approval of site or subdivision plans and
applications for watershed protection zone permits.
8
Section 34-427. Buffer Requirements.
All new developments within a watershed protection zone, unless otherwise exempted pursuant to
section 34-422(c), shall be subject to the following buffer requirements:
a) a seventy-five (75) foot wide buffer strip shall be maintained along the edge of public water
bodies identified on the watershed map. The required setback distance shall be measured
from the mean high water level of such water body. The buffer strip shall be maintained in
its natural state to the maximum extent possible, and shall be planted with an erosion
resistant vegetative cover in those areas that have been disturbed. In the case of tributary
streams located upstream from a stormwater management facility designed to provide water
quality protection, no buffer shall be required if such facility has been designed to
accommodate and manage the quality of runoff from the subject site;
b) All development shall be located outside of the required buffer strip, except the following:
1) The buffer strip requirement shall not apply to development which is appurtenant to
the production, supply, distribution or storage of water by a public water supplier;
2) Encroachment into or through the required buffer by roads, main-line utilities, or
stormwater management structures may be permitted provided the following
performance standards are met:
i) Road and main-line utility crossings will be limited to the shortest path
possible and that which causes the least amount of land disturbance and
alteration to the hydrology of the watershed;
ii) Any stormwater management facilities located within the buffer should be
sited within the context of a larger watershed stormwater management
program;
iii) No more land shall be disturbed than is necessary;
iv) Indigenous vegetation shall be preserved to the maximum extent possible;
and
v) Wherever possible, disturbed areas shall be planted with indigenous
vegetation; and
c) The following uses shall not be permitted within the buffer strip or within twenty-five (25)
feet of the required buffer strip:
1) Septic tanks and drainfields;
2) Trash containers and dumpsters which are not under roof or which are located so that
leachate from the receptacle could escape unfiltered and untreated; and
3) Fuel storage in excess of fifty (50) gallons.
Section 34-428. Variances.
a) Variances to the strict application of this article may only be granted by the city council in
accordance with this section.
b) A variance may not circumvent the general purposes and intent of this article. No variance
may be granted that would allow any use that is prohibited in a watershed protection zone in
which the property is located. Conditions may be imposed in the granting of a variance to
ensure compliance and to protect adjacent properties and the public interest. In considering
a variance request, the City Council must also consider whether the property owner has any
reasonable use of the land without the variance, whether the property is used seasonably or
year round, whether the variance is being requested solely on the basis of economic
considerations, and the characteristics of developments on adjacent properties which may be
affected by a variance.
c) If a variance is approved, the City Council shall provide a summary of the public
record/testimony and the findings of fact and conclusions which support issuance of the
variance.
Section 34-429. Enforcement and Remedies.
a) If the director finds that any of the provisions of this article are being violated, the City shall
notify, in writing, the person responsible for such violation, indicating the nature of the
violation, and ordering the action necessary to correct it. The director shall order
discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings
or structures, or the additions, alternations or structural changes thereto; discontinuance of
any illegal work being done; or shall take any action authorized by this article to ensure
compliance with or to prevent violation of its provisions.
b) As this article is adopted for the benefit of the public health, safety and welfare and to
protect the water resources in and adjacent to the City, any violation of this article or
engaging in activities prohibited by this article is deemed a public nuisance. In addition to
any remedies provided in this article, the City may seek enforcement of this article through
its public nuisance remedies.
10
c) If any person, developer or landowner is found to be in violation of this article, the City may,
in addition to all other remedies available in either law or equity, institute a civil action or
proceeding to restrain, correct or abate the violation; to prevent occupancy of the building,
structure or land; or to prevent any illegal act, conduct, business or use in or about the
premises. The City may, without limitation, pursue any and all remedies such as abatement
of nuisances, injunctive relief, administrative adjudication and revocation of licenses or
permits in furtherance of enforcement of the article's provisions.
d) Any person violating any provision of this article shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with section 1-14 of the code.
Section 3: That for the purposes of Chapter 34 "Environment," Article VIII "Watershed
Protection" of the Code of Ordinances, Baytown, Texas, the City Council hereby adopts the
watershed protection map, which is attached hereto as Exhibit "A" and incorporated herein for all
intents and purposes. This map shall be automatically amended without further action by the City
Council upon annexation and/or disannexation of properties to reflect the city's current boundaries
and its ETJ.
Section 4: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day upon
which any such violation shall occur shall constitute a separate offense. In addition to the penalty
prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive
relief, administrative adjudication and revocation of licenses or permits.
Section 5: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 6: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of the ordinance or the application of same to any person or the set of circumstances, shall for
any reason be held unconstitutional, void or invalid, such invalidity shall not effect the validity of
the remaining provisions of this ordinance or their application to other persons or sets of
circumstances and to this end all provisions of this ordinance are declared to be severable.
Section 7: This ordinance shall take effect from and after ten (10) days from its passage
by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption
of this ordinance to be published in the official newspaper of the City of Baytown at least twice
within ten (10) days after passage of this ordinance.
II
I INTRODUCED, READ, AND PASSED by the affirmative ytiie of the City Council of
Baytown, Texas, this 6* day of December, 2007.
LORRI COOPY, City Clerk
APPROVED AS TO FORM:
STEPHEtTHTIdONCARLOS, Mayor
RAMIREZ, SR., Citfc^ttorney
R:\Kareii\Piles\CilyCouncil\Oiidinanccs\2007\Decembcr6\WatcrslicdOrilinailceClea֥
12
Watershed Protection Map