Ord 2000-022 - Laserfiche WebLink

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(7) Indiscriminate and improperly planned land development over the recharge zone and the transition zone poses a potential threat to the Edwards Aquifer by disturbing the natural ecosystem and allowing pollutants to enter the aquifer. (8) Indiscriminate and improperly planned land development activities over the recharge zone and the transition zone pose a potential threat to the Edwards Aquifer by covering and sealing recharge features, thereby reducing the total amount of water that is able to replenish and recharge the Edwards Aquifer. (9) The City of San Marcos, as the trustee of public health, safety and welfare, finds that it is in the best interest of its citizens to carefully regulate land development activities over the recharge zone and the transition zone for the protection of the Edwards Aquifer. (10) The City of San Marcos finds that regulation of land development activities over the recharge zone and the transition zone will help preserve the Edwards Aquifer for existing and future generations of citizens of the city and its environs. (11) The adoption of this ordinance is taken in response to a very real and substantial threat to the public health and safety of all persons who rely on the Edwards Aquifer in the vicinity of the city as a supply of drinking water, including persons served by the water systems of the city, Southwest Texas State University, Crystal Clear Water Supply Corporation, and Maxwell Water Supply Corporation. (12) The adoption of this ordinance is designed to significantly advance the health and safety purposes described in subdivision (11) of this subsection. (13) The regulations contained in this ordinance do not impose a greater burden than is necessary to achieve the health and safety purposes described in subdivision (11) of this subsection. (b) This article has the following purposes: (1) To prevent the degrading of the quality of groundwater in the Edwards Aquifer. (2) To regulate activities having the potential for polluting the Edwards Aquifer, and in surface streams that are hydrologically connected to the Edwards Aquifer. (3) To protect areas adjacent to sensitive recharge features and along natural drainage ways where recharge potential is highest. (4) To prevent significant decreases in the quantity of recharge to the Edwards Aquifer. Sec. 94.502. Authority. (a) This article is adopted under authority ofV.T.C.A. Local Government Code Chapter 212, as amended, and the TNRCC Edwards Aquifer rules. With respect to the requirements for development plats contained in this article, the requirements are adopted under authority of V.T.C.A. Local Government Code Chapter 212, Subchapter B, as amended. (b) Where a provision of this article conflicts with a provision of the TNRCC Edwards Aquifer rules, or article 3 of this chapter (pertaining to drainage and erosion control), the stricter, with respect to the effects imposed on a regulated activity, will govern. Sec. 94.503. Definitions. In this article: Best management practices or BMPs means activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of the Edwards Aquifer and hydrologically connected surface streams. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge 2