ORDINANCE NO. 2002-O-025

AN ORDINANCE AMENDING SECTION 24.80 OF THE LAREDO LAND DEVELOPMENT CODE BY REVISING CITATIONS TO THE TEXAS ADMINISTRATIVE CODE IN SECTION 42.80.2 (D), CREATING SECTION 24.80.3 REQUIRING IMPROVEMENTS AND A PLAT TO BE FILED FOR THE SUBDIVISION OF A PARCEL OF LAND INTO TWO OR MORE LOTS FIVE ACRES OR LESS WHICH IS INTENDED FOR RESIDENTIAL PURPOSES WITHIN THE CORPORATE LIMITS OF THE CITY OF LAREDO, CREATING SECTION 24.80.4 (D) REQUIRING ALL WATER SUPPLY SYSTEMS TO BE CONSISTENT WITH THE STANDARDS DEVELOPED BY THE TNRCC AND AS SET OUT IN 30 TAC CHAPTER 290, CREATING SECTION 24.80.4 (E)(2)(i) PROHIBITING PIT PRIVIES, PORTABLE TOILETS, AND ON-SITE SEWERAGE FACILITIES THAT DO NOT MEET THE WASTEWATER TREATMENT STANDARDS DEVELOPED BY TNRCC AND SET OUT IN 30 TAC CHAPTER 285; AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, Chapter 212 of the Local Government Code regulates the subdivision of land for residential purposes within the corporate limits and the extraterritorial jurisdiction (ETJ) of the City of Laredo; and

WHEREAS, Chapter 16, Subchapter J, Section 16.341 et seq. of the Texas Water Code identify economically distressed areas within the state; and

WHEREAS, a municipality that applies for or receives EDAP financial assistance must adopt and enforce the Model Subdivisions Rules as required by Chapter 16.343 and 16.350 of the Water Code; and

WHEREAS, the Model Subdivision Rules, 31 TAC, Chapter 364, have been revised and adopted by the Texas Water Development Board, Effective February 10, 2000; and

WHEREAS, the Planning & Zoning Commission, voted to approve the Ordinance on January 17, 2002; and

WHEREAS, the City Council held a public hearing on January 28, 2002; and

WHEREAS, notice of such public hearings was duly given, as provided by law, and such hearing were held on the date and at the time, place, and hour so announced.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laredo:

Section 1. Section 24.80, Model Subdivision Rules, of the Laredo Land Development Code is hereby amended to read as follows:

Section 24.80

MODEL SUBDIVISION RULES

Section 24.80.1 General Provisions

(A) Scope of Chapter. This chapter contains model rules which the Texas Water Development Board (board) is required to adopt in accordance with Texas Water Code Section 16.343. Before an application for financial assistance from Economically Distressed Areas Program as Specified in Chapter 355, Subchapter B of the Texas Water Code or Chapter 363, Subchapter E of the same title may be considered by the board, the applicant shall provide documentation satisfactory in form and in substance that the municipality (ETJ) and county in which the applicant is located has adopted the necessary orders, ordinances or other rules that meet the requirements of the Model Subdivision rules contained in Chapter 16, Subchapter B of the Texas Water Code.

(B) Purpose. The model rules provide the criteria for assuring that an adequate supply of safe drinking water and adequate safe sewer facilities are available to residential areas in accordance with state standards established by the Texas Department of Health and the TNRCC. The model rules prohibit the establishment of residential developments with lots of five acres or less without adequate water supply and sewer services, prohibit more than one single-family, detached dwelling to be located on each subdivision lot, and establish minimum setbacks to ensure proper operation of water supply and sewer services and to reduce the risk of fire hazards.

Section 24.80.2 Subdivision within the Extraterritorial Jurisdiction (ETJ) - Plat Required.

(A) The owner of a tract of land that divides the tract in any manner that creates two or more lots of five acres or less intended for residential purposes must have a plat of the subdivision prepared. Lots of five acres or less are presumed to be for residential purposes unless the land is restricted to nonresidential uses on the final plat and duly noted in all deeds and contracts for deeds.

(B) A division of a tract is defined as including a metes and bounds description, or any description of less than a whole parcel, in a deed of conveyance or in a contract for a deed, using a contract of sale or other executory contract, lease/purchase agreement, or using any other method to convey property.

(C) Every plat creating two or more lots of five acres or less for residential purposes, located within the ETJ of the City of Laredo, shall comply with the standards of Section 24.80.3.

(D) The final plat shall be accompanied by an engineering report, consistent with Section 364.52 of the Texas Water Code Administrative Code (TAC), bearing the signed and dated seal of a professional engineer registered in the state of Texas. The engineering report shall discuss the availability and methodology of providing water facilities and wastewater treatment to individual lots within the subdivision. A detailed cost estimate per lot acceptable to the Planning & Zoning Commission shall be provided for those unconstructed water supply & distribution facilities and wastewater collection & treatment facilities which are necessary to serve each lot of the subdivision. The plan shall include a construction schedule for each significant element needed to provide adequate water or wastewater facilities.

(E) No subdivided land shall be sold or conveyed until the subdivider has received final approval by the Planning & Zoning Commission of the tract and has filed and recorded, with the County Clerk of Webb County, a legally approved plat.

Section 24.80.3 Subdivision within the Corporate Limits of The City of Laredo - Plat Required.

(A) The subdivision of a tract of land into two or more lots of five acres or less for residential purposes within the corporate limits of the City of Laredo shall, at a minimum, meet the standards established herein as well as those required in the Subdivision Ordinance of The City of Laredo for the filing of a plat.

Section 24.80.34 Facility Standards.

The establishment of a residential development with two or more lots of five acres or less where the water supply and sewer services do not meet the minimum standards of this section is prohibited.

(A) Public Water Systems.

(1) Where drinking water is to be supplied to a subdivision by the City of Laredo, the water quality and system design, construction and operation shall meet the minimum criteria set forth in 25 TAC 337.201 - 337.212, "Rules and Regulations for Public Water Systems", and 25 TAC 337.1 - 337.18, "Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Supply Systems."

(2) Subdividers shall supply drinking water by connecting to the City of Laredo system. The written service agreement permitting the connection to the City of Laredo system shall calculate service charges based on the ultimate development and occupancy of the proposed subdivision for a minimum of thirty (30 years). The agreement must reflect that the subdivider has paid the cost of water meters and other necessary connection equipment, membership fees, water rights acquisition costs, or other fees associated with connection to the City of Laredo system so that service is available to each lot upon completion of construction of the water facilities described on the final plat.

(B) Non-public water systems

(1) Where individual wells or other non-public water systems are proposed for the supply of drinking water to residential establishments, a test well or wells located so as to be representative of the quantity and quality of water generally available from the supplying aquifer shall be drilled by the subdivider and the produced water sampled will be submitted to a private laboratory for a complete chemical and bacteriological analysis of the parameters on which there are drinking water standards. The subdivider shall have prepared and provide a copy of a groundwater availability study which shall include analysis of the long term (30 years) quantity of the available groundwater supplies relative to the ultimate needs of the subdivision. The water quality of the water produced from the test well must meet the standards of water quality required for community water systems as set forth in 30 TAC Section 290.103, 290.105, 290.106 and 290.110, either:

(a) without any treatment to the water; or

(b) with treatment by an identified and commercially available water treatment system.

(2) Individual water wells or non-public water systems that do not meet the water quality standards developed by the TNRCC and set out in 30 TAC Sections 290.103, 290.105, 290.106 and 290. 110 shall be prohibited.

(C) Transportation of potable water.

(1) The conveyance of potable water by transport truck or other mobile device to supply the domestic needs of the subdivision is not an acceptable method, except on an emergency basis. Absence of a water system meeting the standards of these rules due to negligence of the subdivider does not constitute an emergency.

(D) All water supply systems shall be consistent with the standards developed by the Commission and as set out in 30 TAC Chapter 290.

(DE) Wastewater Systems.

(1) Organized Sewerage Facilities.

(a) Subdividers who propose the development of an organized wastewater collection and treatment system other than the City of Laredo municipal system, shall obtain a permit to dispose of wastes from the TNRCC in accordance with 30 TAC Chapter 305 "Consolidated Permits" and obtain approval of engineering planning materials for such systems under 30 TAC Chapter 317 "Design Criteria for Sewerage Systems" from the TNRCC.

(b) Subdividers who propose to dispose of wastewater by connecting to an existing permitted facility must provide a written agreement with the City of Laredo. The agreement must accommodate the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of thirty (30) years. This agreement must reflect that the subdivider has paid the cost of all fees associated with connection to the wastewater collection and treatment system so that service is available to each lot upon completion of construction of the wastewater facilities described on the final plat. Engineering plans for the proposed wastewater collection lines must comply with 30 TAC, Chapter 317 and 31 TAC, Section 364.33(a)(12).

(2) On-site Sewerage Facilities

(a) No on-site wastewater disposal or septic system shall be permitted on any lot or tract which is less than one acre in size or within 200 feet of a public wastewater collection system. No on-site wastewater disposal system shall be permitted on any tract, regardless of size, where soil conditions, flood zones, topography, or other conditions do not permit both an undisturbed septic drain field and sufficient fallow, undisturbed land for a replacement drain field.

(b) No on-site wastewater disposal or septic system shall be permitted within any 100 year flood zone identified by the Federal Emergency Management Agency on the Flood Insurance Rating Maps (FIRM).

(c) On-site facilities which serve residential dwellings with anticipated wastewater generation of no greater than five thousand (5,000) gallons per day must comply with 30 TAC, Chapter 285 and be designed by a registered professional engineer or registered professional sanitarian.

(d) Proposals for on-site sewerage facilities for the on-site disposal of sewage in the amount of five thousand (5,000) gallons per day or greater must comply with 30 TAC, Chapter 317 and be presented to the TNRCC for determination be presented to the Texas Natural Resources Conservation Commission for determination of the necessity for a wastewater permit from that agency. Each such disposal facility must be designed by a registered professional engineer.

(e) On-site sewerage facilities not required to obtain a wastewater permit from the TNRCC must apply for and receive a permit from the City of Laredo Health Department or its authorized agent as required by the procedures established in 25 TAC 301.101 through 301.109.

(f) On-site Sewage Disposal Near Lakes or water storage reservoirs. On-site sewerage facilities proposed near lakes or water storage reservoirs shall be licensed and installed in strict accordance with requirements established by the TNRCC in their rules 31 TAC Chapter 285.

(g) On-site Wastewater Disposal in Recharge Zones. On-site sewerage facilities proposed within aquifer recharge zones must be licensed and installed in strict accordance with requirements established by the Texas Water Commission in 31 TAC Chapter 313 TNRCC and applicable Texas Department of Health regulations.

(h) The TNRCC, the City of Laredo Health Department, or their authorized agents shall review proposals for on-site sewage disposal systems and make inspections of such systems as necessary to assure that the system is in compliance with Chapter 366 of the Texas Health and Safety Code and rules in 30 TAC Sections 285, and in particular Sections 285.4, 285.5, 285.30 through 285.39. In addition to the unsatisfactory on-site disposal systems listed in 30 TAC Section 285.3 (b), pit privies and portable toilets are prohibited.

(i) Pit privies, portable toilets, and on-site sewerage facilities that do not meet the wastewater treatment standards developed by TNRCC and set out in 30 TAC Chapter 285 are prohibited.

(EF) Graywater Systems for Reuse of Treated Wastewater.

(1) Organized Sewerage Facilities. Any proposal for sewage collection, treatment and disposal systems which include graywater reuse shall meet minimum criteria of 30 TAC, Chapter 210 promulgated and administered by the TNRCC.

(2) On-Site Sewerage Facilities. Any proposal for on-site sewage disposal which includes provisions for graywater use shall meet the minimum criteria of 30 TAC, Chapter 285.

(FG) Sludge Disposal.

The disposal of sludge from water treatment and wastewater treatment facilities shall meet the criteria of 30 TAC, Chapter 312, and Chapter 317.

(GH) Setbacks.

In areas outside the corporate city limits which lack water lines sized for fire protection, setbacks from private access easements, public or private roads and right-of-ways shall be a minimum of forty-five (45) feet from the centerline of such road, street, or easement. Setbacks from adjacent property lines shall be a minimum of five (5) feet for site built housing and seven (7) feet for any manufactured housing unit, and shall not conflict with separation or setback distances required by rules governing public utilities, on-site sewerage facilities, or drinking water supplies.

(HI) Number of Dwellings Per Lot.

No more than one single family detached dwelling shall be located on an individual lot or tract. A notation of this restriction shall be placed on the face of the approved final plat, in all deeds, and in all contracts for deed for real estate sold within the subdivision. Notice of this restriction must be given by the seller in writing to any purchaser prior to execution of any binding agreement for sale or conveyance of any real estate. Proposals which include multi-family residential shall include adequate, detailed planning materials as required for the determination of proper water and wastewater utility type and design.

(IJ) Connection to Public Wastewater Collection System.

As soon as a public wastewater system is available within 200 feet of the lot or tract, the lot or tract must be connected to the public wastewater collection system. Failure to properly connect to the public system within 30 days of written notice by the City of Laredo shall void any water service agreement, and water service shall be suspended until proper connection to the wastewater collection system is in place.

Section 24.80.45 Enforcement and Penalties

(A) If it appears that a violation or threat of a violation of Chapter 212, Subchapter B of the Texas Local Government Code or a plan, rule or ordinance adopted under Chapter 212, Subchapter B, or consistent with Subchapter B exists, the City of Laredo is entitled to appropriate injunctive relief against the person who committed, is committing or is threatening to commit the violation.

(B) A suit for injunctive relief may be brought in the county in which the defendant resides, the county in which the violation or threat of violation occurs, or any county in which the City of Laredo is wholly or partly located.

(C) A person commits an offense if the person violates Chapter 212, Subchapter B or a plan, rule, or ordinance adopted under Chapter 212, Subchapter B or consistent with Subchapter B within the limits of The city of Laredo. An offense under this section is a Class C. misdemeanor. Each day the violation continues constitutes a separate offense.

(D) Civil Penalty. A person who violates any rule adopted under this section pursuant to Section 16.343 of the Texas Water Code is subject to a civil penalty of not less than $50 nor more than $1,000 for each violation and for each day of a conning violation but not in excess of $5,000 per day.

(E) Damages. The city of Laredo may recover damages in an amount adequate for the City to undertake any construction or other activity to bring about compliance with a requirement established under this section.

(F) Equitable Remedies. In addition to other remedies, the subdivider may be enjoined for the violation or threatened violation of any requirement of this section by suit for injunction and/or application for temporary injunction, and/or temporary restraining order duly filed by the City Attorney. In addition to enforcement by a political subdivision, the Texas Attorney General may bring suit to enforce a rule adopted under Section 16.350 of the Water Code, to recover the penalty provided by Section 16.352 of the water Code, to obtain injunctive relief to prevent the violation or continued violation of a political subdivision's rules, or to enforce the rules, recover the criminal penalty, and obtain injunctive relief.

Section 24.80.56 Conflict of Interest.

(A) Any member of the Commission who has a substantial interest in a subdivided tract shall file, before a vote or decision regarding the approval of a plat for the tract, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter. The affidavit must be filed with the City Secretary of the City of Laredo.

(B) For the purposes of this section a person with substantial interest is one who:

(1) has an equitable or legal ownership interest in the tract with a fair market value of two thousand five hundred dollars ($2,500) or more;

(2) acts as a developer of the tract;

(3) owns ten percent (10%) or more of the voting stock or shares of or owns either ten percent (10%) or more or $5,000 or more of the fair market value of a business entity that:

(a) has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more; or

(b) acts as a developer of the tract; or

(4) receives in a calendar year funds from a business entity described by subdivision (3) that exceed ten percent (10%) of the person's gross income for the previous year.

(C) A person also is considered to have a substantial interest if he or she is related within the first degree by consanguinity or affinity to another person who, under Subsection (b), has a substantial interest in the tract.

(D) For the purposes of this section, a tract includes the subdivided tract as a whole, not an individual lot.

(E) The finding by a court of a violation of this section of these rules does not render voidable an action of the commission unless the measure would not have passed the commission without the vote of the member who violated this section.

(F) A violation under this section is a Class A misdemeanor."

Section 24.80.67 Financial Guarantees for Improvements

The requirements for posting a financial guarantee to ensure construction for improvements on a subdivision shall be provided as established in Section 2-4 of the Subdivision Ordinance (#84-00-0006) of the City of Laredo.

Section 2. This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

Section 3. This ordinance shall become effective as and from the date of publication specified in Section 2.

Section 4. Severability - If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of an other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose.

Section 5. Open Meetings - The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the city Hall of the City for the time required by law preceding this meeting, as required by the Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter approves and confirms such written notice and the contents and posting thereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE

__________ DAY OF _________________, 2002.

________________________

ELIZABETH G. FLORES

MAYOR

ATTEST:

________________________

GUSTAVO GUEVARA, JR.

CITY SECRETARY

APPROVED AS TO FORM:

JAIME FLORES

CITY ATTORNEY

________________________

By: aLLAN w. mCGRAW

ASSISTANT CITY ATTORNEY