§ 39.049. Purpose, applicability, exceptions and coordination.

(a)

Purposes.

(1)

The purpose of this section is to specify standards and procedures for reclamation or alteration of floodplain land consistent with the city's objectives to maintain water quality, preserve natural areas and trees, assure the safety and welfare of its residents with respect to flood hazards, and to implement in part master plan policies relating to environmental quality and open space.

(2)

It is the intent of the city council that the requirements of this article comply with federal requirements pertaining to the Federal Emergency Management Agency's authority concerning flood hazards and the Corps of Engineer's jurisdiction over waters of the United States, including wetlands under Section 404 of the Clean Water Act.

(3)

It is the further intent of this article that development on floodplain land be integrated with the city's standards for preserving water quality and providing open space.

(4)

Land located within the floodplain may be reclaimed or altered for purposes of development only in accordance with the standards and procedures set forth in this article.

(b)

Applicability. The standards in this article apply whenever a property owner seeks to reclaim, excavate or otherwise alter land within the design floodplain of a waterway that has a contributing drainage area of 120 acres or more. For purposes of this article, any of the following activities constitute reclamation or alteration:

(1)

Filling in a floodplain;

(2)

Channelization, impoundment, realignment, deepening, or other modification of a drainage way;

(3)

Removal of significant tree stands within a floodplain;

(4)

Site preparation for construction of structures or improvements, including grading or removal of topsoil within a floodplain.

(c)

Authority. The regulations in this article are authorized under the City's Charter, V.T.C.A., Water Code § 16.315 and § 26.177.

(d)

Exceptions. Fill-in drainageways that are not mapped by FEMA are exempt from the requirements of this article provided that the watershed area contributing to the floodplain that is affected by placement of fill is wholly owned by the applicant.

(e)

Coordination of applications. If jurisdictional waters of the United States exist on the property to be reclaimed, the applicant shall provide the city with a copy of all reports, studies, plans and other data that are submitted to the U.S. Army Corps of Engineers in conjunction with an application for approval of a Federal Section 404 permit.

( Ord. No. 2016-50 , § 1, 11-15-16)