HomeMy WebLinkAbout78-2260 ordORDINANCE NO. 78-2260
AN ORDINANCE DEFINING WET WEATHER LAKE AREA AND HIGH WATER LEVEL,
REGULATING THE DUMPING OF DIRT, DEBRIS, OR OTHER 5~TERIALS WITHIN
THE WET WEATHER LAKE AREA;~PROVIDING A SEVERABILITY CLAUSE; PRO-
HIBITING THE_ISSUANCE OF BUILDING PERMITS OR THE APPROVAL OF
PLATS WITHIN A WET WEATHER LAKE AREA; ?ROVIDING FOR CERTAIN
EXCAVATIONS, AND APPEALS TO THE CITY COUNCIL.
WHEREAS, there are certain natural[ storm water lake area
depressions or basins within the corporate limits of the City of
Plainview and within its planning jurisdiction which confine
surface waters after rains, and which :submerge land until the
water has been dissipated by evaporation, infiltration,.perculation,
drainage, or recharge; and
WHEREAS, there is a need to salvage a reasonable amount of
usable land within~the surface lake areas; and
WHEREAS, the uncontrolled dumping, excavating, altering or
placing of any dirt, debris or other solid materials in any wet
weather lake creates a serious threat to the health, welfare
and safety of the people of the City of Plainview generally; and
WHEREAS, the existence o~ the wet weather lake areas which
will be flooded by heavy rainfall creates a serious threat to the
health, welfare and safety of not only persons who build or
purchase homes within the areas, but also to the people of the
City of Plainview generally; and
WHEREAS, it is the desir~ of the City Council to exercise
its police power in the interest of public safety and welfare to
restrain the owners of proper
areas, and other persons from
wet weather lake areas and fr,
areas, to lessen the danger o
creation of additional burden;
taining its streets, alleys, .
areas subject to flooding; NO1
zy within the wet weather lake
filling or partially filling the
~m building improvements within such
flood damage, and to prevent the
on the City of Plainview in main-
~nd other improvements within the
~, THEREFORE,
BE IT ORDAINED BY THE. CITY COUNCIL OF THE CITY OF PLAINVIEW:
SECTION 1: STATUTORY AUTHORIZATION
The Legislature of the S~ate of Texas has delegated the
responsibility to local governmental units to adopt regulations
designed to minimize flood losses. Therefore, the City of
Plainview, Texas does ordain as follows:
SECTION 2: FINDINGS OF FACT
(1) The flood hazard areas of the City of Plainview are
subject to periodic inundation.which results in loss of
life and property, health and Safety hazards, disruption
of commerce and governmental :services, and extraordinary
public expenditures for~flood protection and relief,
all of which adversely affect the public health, safety
and general welfare.
(2) These flood loses are created by the cumulative
effect of obstructions in flood plains which cause an
increase in flood heights and velocities, and by the
occupancy of flood hazard areas by uses vulnerable to
floods and hazardous to other lands because they are
inadequately elevated, floodproofed, or otherwise pro-
tected from flood damage.
SECTION 3: STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public
health, safety and general welfare and to minimize public and
private losses due to flood conditions in specific areas by
provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly
flood control projects;
(3) Minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense Of the general public;
(4) Minimize prolonged business interruptions;
~5) Minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and sewer
lines, streets and bridges located in flood plains;
(6) Help maintain a stable tax base by providing for
the sound use and development of flood-prone areas
in such a manner as to minimize future flood blight areas.
SECTION 4: METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the
following methods:
(1) Restrict or prohibit uses that are dangerous to
health, safety or property in times of flood, or cause
excessive increases in flood heights or velocities;
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(2) Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
(3) Control the alternation of natural flood plains, stream
channels, and natural protective barriers, which are involved
in the accomodation of flood waters;
(4) Control filling, grading, 'dredging and other develop-
ment which may increase flood damage;
(5) Prevent or regulate the construction of flood barriers
which will increase flood hazards to other lands.
SECTION 5: DEFINITIONS
For the purpose of this ordinance the following definitions shall
be applicable:
(1) "High water level" shall mean that contour line within
any natural storm water lake area in which there is suffi-
cient water storage capacity to contain a rainfall of 7.00
inches off the areas drained J_nto the lake reduced by a run-
off factor of seventy (70%) percent or the 100 year flood
plain boundary of the Department of Housing and Urban Devel-
opment, Federal Insurance Administration, whichever is the
higher elevation.
(2) "Wet weather lake area" shall mean that portion of any
natural storm water lake area below the high water elevation
plus one foot.
(2) The term "wet weather lake area" as used in this ordi-
nance and the term "Playa Lake" as used in other ordinances
of the City of Plainview are synonymous.
SECTION 6: DUMPING OF DIRT AND DEBRIS PROHIBITED
It shall be unlawful for any person, firm or corporation, in
violation of this ordinance, to:
(1) dump or place any dirt, d[ebris or other solid material
in any wet weather lake area,
(2) transport or direct the transportation of any dirt, de-
bris~ or other material over any of the streets or alleys in
the City of Plainview for the purpose of dumping or other-
wise placing any such material in any wet weather lake area,
(~) Knowlingly allow any dirt, debris.or O~hsr material
to be placed in any wet weather lake area to remain there
f~r one day or more,
(4) excavate or alter any wet weather lake area,
-3-
(5) transport or direct the transportation of any
dirt, deb~ris or other material over any of the streets
or alleys in the City of Plainview for the purpose of
excavating or altering any wet weather lake area,
(6) allow the excavation or alteration of any wet
weather lake area,
(7) erect or permit the erection of any improvements
or structures within any wet weather lake area.
Any person, firm or corporation violating any of the provi-
sions of this ordinance shall be deemed guilty of a misdemeanor,
and such person, firm or corporation slhall be deemed guilty of
a separate offense for each and every day or portion thereof
during which any violation of this ordinance is committed,
continued or permitted, and upon conviction for such violation,
shall be.fined any sum not exceeding TWO Hundred Dollars ($200.00)
for each and every violation.
SECTION 7: NUISANCE
The dumping, excavating, altering or placing of any dirt,
debris or other solid material, or its transportation or maintenance
as provided in Section 6 above, is hereby declared to be a nuisance.
SECTION 8: ISSUANCE OF BUILDING PERMITS PROHIBITED
The Building Official is hereby prohibited from issuing any
building permit or building permits for any structure or structures
within any wet weather lake area, and that part of every ordinance
authorizing the issuance of building permits insofar as the
same may relate to land within any wet weather lake area is
hereby repealed.
SECTION. 9: APPROVAL OF SUBDIVISION PLAT
The City Council shall refuse to approve any subdivision
plat or replat within its jurisdiction until the City Engineer
and the Planning and Zoning Commission has certified that no part
of the areas proposed to be platted is within a wet weather lake
area.
SECTION 10: EXCAVATION OF WET WEATHER LAKE AREAS
Nothing in this ordinance,shall prevent an excavation of wet
weather lake areas or the use of such excavated materials to make
fills in the wet weather lake area for the purpose of contracting
the high water level contour line in any natural storm water lake
area to the end of salvaging a reasonable amount of usable land;
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provided, however, the Planning and Zoning Commission shall not
&pprove any plat on filled land without the certificate required
in Section 9 hereof and unless the filled land has an elevation
above the high water level contour line sufficient to permit
construction of curb and gutter with 'a minimum grade of .2 of one
per cent (.20%) for the drainage of storm water to the storage
area, and provided further, however, that this requirement shall
be waived in the event storm water drainage systems are installed
and of sufficient capacity to transpor~ storm drainage to the
storage area.
SECTION 11: WET WEATHER LAKE AREA PLAT
If required by the City Engineer, the owner or land developer
shall submit with his plat or replat a contour map showing the
proposed plat and its relation to any wet weather lake area in
the vicinity of the land sought to be platted. The map shall
show the high water level and the entire wet weather lake area
together with the land sought to be platted, showing elevations
in detail with contour elevatiOn lines of no greater than one
foot (1') of vertical measurement.
SECTION 12: APPEAL
In the event that any person affected by this ordinance
desires to appeal the decision of the City Building Offical, the
City Engineer, or the Planning and Zoning Commission, the appeal
shall be made to the City Council.
SECTION 13: CONSTRUCTION OF PUBLIC WORK
This ordinance shall not prohibit the construction of any
public work, 'the extension of any public utilities or the paving
of any roadway or the location and improvement of any public
park, in any wet weather lake area when the project is planned or
the contract approved by or is done under the supervision of the
City Engineer and the project, public work, extension of public
utility or paving, is not designed or calculated to decrease the
water holding capacity of the lake area involved.
SECTION 14: METHOD OF EXCAVATION OF WET WEATHER LAKE AREA
Wet weather lake areas may be improved by any of the following
methods:
(1) Wet weather lake areas may be dedicated for park
purposes by the owner or land developer provided that
said wet weather lake area shall have a completed grade
not to exceed 20 to 1 slope ( one foot (1') vertical, 20
feet (20') horizontal) and providing that not less
than five (5) acres or twenty percent (20%) of the
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dedicated area whichever is greater, is above the esta-
blished "high water level". The City may accept said
dedicated property and up~n~acceptance may assume the
pro rata costs for water and sewer charges, curb and
gutter costs, paving costs, street name and traffic sign
and street lighting costs abutting the wet weather lake
area as consideration for dedication of said wet weather
lake area for park and recreational purposes.
(2) The land developer may plat said wet weather lake
area as a single lot. Said lot shall abut street fron-
tage on all sides, which shall be curbed, guttered, paved
and all pro rata charges paid.. This lot shall have no
final grade in excess of 20 to 1 slope (one foot (1')
vertical, 20 feet (20') horizontal) and shall have storm
sewers and/or concrete draina~e ditches of sufficient
capacity to transport storm drainage as set forth in Sec-
tion 4 of this ordinance to the lowest portion of the wet
weather lake basin. Said storm sewers and/or concrete
drainage ditches must be installed or their installation
assured prior to final plat approval as recommended by the
Planning Commission and approved by the City Council.
(3) The land developer may plat said we~weather lake
area as a single lot. Said lot shall abut concrete curb
and gutter with a minimum 5 foot (5') concrete walk abut-
ting said curb and gutter. Said lot shall be completely
enclosed by a permanent six foot (6') manproof galvanized
chainlink fence or equal, 4 feet (4') from the curb and
gutter and all pro rata charges paid. This lot shall have
no final grade in excess of 10 to 1 slope (one foot (1')
vertical, ten feet (10') horizontal), sxcept as provided
herein, and all storm sewers and/or concrete drainage
ditches of sufficient capacity to transport storm drain-
age as set forth in Section 4 of this ordinance to the
lowest portion of the wet weather lake basin. Said storm
sewers and/or concrete drainage ditches must be installed
or their installation assured prior to final plat approval
by the City Council. All banks or slopes in excess of
that set forth herein, shall have concrete r~p-rap with a
minimum of four inches (4") thick concrete reinforced with
6" x 6" by 10 x 10 welded wire mesh.
SECTION 15: REPEAL
Ordinance No. 64-848 paSsed by the City of Plainview on the
21st day of December 19 64 , is hereby repealed
as of the~effective date of this ordinance as-provided in S~ction 16
hereof.
SECTION 16: SEVERANCE CLAUSE
The provision of this ordinance are declared to be severable
and cumulative, and if any portion or section is held unconstitutional
by a court of competent jurisdiction, the remaining portions shall
nevertheless be valid the same as if the invalid portion had not been
a part hereof.
SECTION 17: EFFECTIVE DATE
This ordinance shall become effective the
November , 1978.
20th day of
AND IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PLAINVIEW:
That on a motion .by Alderman Browning , seconded by Alderman
Carpenter , Ordinance No. 78-2260 was read in full and adopted this
date and introduced on first reading this the 24th day of
October , 1978.
That on a motion by Alderman SoRelle , seconded by Alderman
Woods , Ordinance No. 78-2260 was read by caption and
adopted by the City Council on the second and final reading this the
14th day of November , 1978.
ATTEST~
Me
L REA, City Clerk
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THE STAT.~ OF TEXAS )
)
COUNTY OF HALE )
BEFORE ME, the undersigned authority, on this day personally_
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(Title)
of the Plainview Daily Herald, a newspaper of general circulation
Hale County, Texas, who stated on oath that the attached instrument
lished in said newspaper on each of the following ,dates, to-wit: .............
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