FROM: Sarah Whyman and Irena Brestenska
PRESENTERS: Sarah Whyman and Irena Brestenska
ITEM: Public hearing to consider adopting an Ordinance, providing for implementation of regulations concerning Environmentally Sensitive Areas.
Environmentally Sensitive Areas Ordinance No. ….
CASE NO. OA-102-01
WHEREAS, there exists within the City of Saginaw certain sensitive geographic areas; and
WHEREAS, certain of these areas characterized by geology, extreme proximity to main transportation arteries and heavy-industry plants, if disturbed for purposes of development, can cause physical damage to human health, and public or private property; and
WHEREAS, certain areas if disturbed for purposes of development can contribute to groundwater contamination; and
WHEREAS, disconnected roads and the decrease in public open space should be regulated to prevent deterioration of the aesthetic quality of built environment in the City of Saginaw; and
WHEREAS, renewable and nonrenewable resources, such as water quality, air quality, soils and vegetation should be protected from incompatible land uses; and
WHEREAS, people and property should be protected from hazardous conditions, such as erosion, unstable slopes, subsidence, characteristic of Environmentally Sensitive Areas; and
WHEREAS, significant natural and visual resources, such as prime wildlife habitat and corridors and unique vegetation species should be protected and preserved; and
WHEREAS, decisions regarding development in Environmentally Sensitive Areas should be based on complete and accurate information about the environmental conditions and probable development impacts on human health and environment; and
WHEREAS, the impacts of growing development should be minimized by controlling the location, pattern, design, construction techniques, and materials of development and construction; and
WHEREAS, the visual character of the natural landscape in the Environmentally Sensitive Areas should be retained to the greatest extent possible by regulating building mass, location, colors, and materials; grading location, design and treatment; and landscaping design and materials; and
WHEREAS, open spaces which provide view corridors and land use buffers should be maintained by preserving them in their natural state to increase the aesthetic value of the City of Saginaw; and
WHEREAS, Environmentally Sensitive Areas should be protected, while also recognizing the legitimate expectations of property owners and the City’s overall economic goals; and
WHEREAS, innovative planning, design, and construction techniques are encouraged in Environmentally Sensitive Areas,
NOW, THEREFORE BE IT RESOLVED by the City of Saginaw, Texas that:
SECTION 1.01 TITLE
Thepresent ordinance shall be named as the EnvironmentallySensitive Areas Ordinance of the City of Saginaw, Texas.
SECTION 1.02 DEFINITION
The following definition shall apply to the interpretation and enforcement of “Environmentally Sensitive Areas (ESA)” as ascribed herein.
“Environmentally Sensitive Areas” are those areas that may have severe limitations to development or where development could severely impact these areas. In designating and protecting Environmentally Sensitive Areas, the City of Saginaw shall use the best available science, in compliance with the Municipal Code of the City.
SECTION 1.03 AUTHORITY
The present regulations are authorized by Title 50, Chapter 13 of the Texas Code; Title 67, Chapter 65 of the Texas Code; and Article 12, Section 2 of the Texas Constitution, as amended or subsequently codified.
SECTION 1.04 PURPOSE
The purpose of the Environmentally Sensitive Areas Ordinance is to:
1. Implement the environmental policies of the Comprehensive Plan.
2. Permit and define the reasonable use of properties, which contain environmentally sensitive features and natural resources while recognizing the importance of environmental resources and protecting such resources from destruction.
SECTION 1.05 GOALS AND POLICIES
The following goals and policies shall apply to all nonexempt proposals located within
ESA.
A. GOALS.
1. To protect life and property from flooding, uneven settlement, landslides, erosion
and other disruptions that may be associated with Environmentally Sensitive Areas;
2. To recognize the unique natural constraints and characteristics of sensitive areas
and to maintain or enhance the quality of such areas;
3. To avoid needless public and private costs from actions within Environmentally Sensitive Areas resulting in negative impacts such as damage to life and property;
4. To promote public health, safety, and general welfare.
B. POLICIES.
In addition to city policies all nonexempt projects located within an ESA shall be reviewed for compliance with the following policies:
1. Proposed actions within Environmentally Sensitive Areas should be managed according to their compatibility with natural characteristics and constraints;
2. Property owners, prospective property owners, and the general public should be
informed about the potential hazards in Environmentally Sensitive Areas;
3. The existing vegetative cover should be maintained on all project sites to the greatest extent feasible. Where removal of vegetation is necessary, a reasonable effort should be made to replant vegetative cover, stabilize the soil and prevent erosion;
4. Site restoration should be provided if land surface modifications violate these
adopted policies or if construction does not ensue within a reasonable period of time;
5. All possible efforts should be made to ensure that land surface modifications would not induce excessive erosion, destabilize adjacent lands or scar the landscape;
6. The use of cluster design, proper surface water drainage, and other mitigative techniques should be used in an effort to avoid unsuitable lands and minimize hazards to life and property;
7. The watershed boundaries of publicly owned water supply systems and significant wetland areas should not be subjected to potential pollution sources;
8. The modification of wetland areas should be avoided;
9. Significant wildlife habitats designated as Environmentally Sensitive Areas
should be protected from deleterious effects of proposed actions;
10. Special consideration for project design should be given in areas of ponding,
highly compressible soils or steep slopes.
SECTION 1.06 DEFINITIONS
For the purposes of the interpretation and enforcement of the Environmentally Sensitive Areas Ordinance regulations, the following words and phrases shall have the meanings respectively ascribed to them by this section: (Ord. OA-102-01)
BUFFER: An area of land that is located adjacent to a designated Environmentally Sensitive Area and provides a transition area that protects slope stability, attenuates surface water flows and preserves wildlife habitat and protected wetlands, stream corridors and woodlands.
COMPENSATORY MITIGATION: Creating a new wetland or enhancing or expanding an existing wetland in exchange for allowing development activities to occur within an existing wetland.
FLOOD EVENT; 100-YEAR: A flood, the magnitude of which has a one percent (1%) chance of being equaled or exceeded in any given year, or which on the average will be equaled or exceeded at least once every one hundred (100) years.
FLOOD PLAIN: Any land area susceptible to being inundated by water as a result of a specific frequency flood. For instance, the 100-year flood plain is the area of land susceptible to being inundated by a 100-year flood event.
GROVE OF TREES: Ten (10) or more individual trees having a diameter of at least twelve inches (12"), and whose combined canopies cover at least fifty percent (50%) of the area encompassed by the trees.
PRAIRIE REMNANT: Prairie areas that have remained relatively untouched on undeveloped, untilled portions of properties and contain primarily a mixture of native warm season grasses interspersed with native flowering plants.
ENVIRONMENTALLY SENSITIVE AREAS, PROTECTED: Portions of a parcel of land containing environmentally sensitive features where no development activity is allowed.
STREAM CORRIDOR: A river, stream or drainage way shown in blue (the blue line) on the most current U.S. Geological Survey Quadrangle Maps, and the area of its delineated floodway. In cases where no floodway is delineated, the blue line will serve as the centerline within a thirty-foot (30') wide stream corridor.
WETLAND, WETLAND AREAS: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. For the purposes of this Section, "wetland" shall mean a jurisdictional wetland that is regulated by the U.S. Army Corps of Engineers, or its successor. Determination of jurisdictional wetlands shall be made either by the Corps or its successor or by a wetland specialist and accepted by the Corps or its successor.
WOODLAND, WOODLAND AREA: Any tract of land with a contiguous wooded area not less than two (2) acres and containing not less than two hundred (200) forest trees per acre.
This ordinance shall become effective on the _____day of ______, 2003
Adopted and Approved at a regular meeting of the City Council of the City of Saginaw, Texas, on the _____ day of ______, 2003.
APPROVED:______
Frankie Robbins, Mayor
CITY SEAL:
ATTEST:
______
Melody Leak, City Secretary
APPROVED AS TO FORM AND LEGALITY:
______
Mike McEntire, City Attorney
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