Ord 2012-029 - Laserfiche WebLink

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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 ater qualit 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. Authority. The regulations in this Article are authorized under the City's charter, TEX. WATER CODE §16.315 AND §26.177. Exce tp ions. Fill -in drainageways that are not mapped by FEMA are exempt from the requirements of this Articl provided that the watershed area contributing to the floodplain that is affected b placement of fill is wholly owned by the applicant. 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. Section 39.050 - Preservation of Natural Features No wetlands or other significant natural features shall be reclaimed within a water quality zone or buffer zone established under Articles 1 2 or 3 of Chapter 5 of the City's Land Development Code authorized under a mitigation plan prepared in accordance with this Article which demonstrates that reclamation or alteration of the floodplain will improve the water quality of the runoff and/or stabilize an existing area of erosion and will continue the maintenance of flood and flow characteristics of the waterway, and which provides for protection of altered areas during and after alteration and development of adjacent land. 26