§ 23-68. Storm drainage.

(a)

Easement. Where a subdivision is traversed by a watercourse, drainageway, natural channel, or stream, there shall be provided a storm water easement, or drainage right-of-way, conforming substantially with the limit line of such watercourse, and such additional width or construction, or both, as will be adequate for the purpose and to accommodate future needs. Parallel streets or parkways dedicated to the city on the plat may be required in connection therewith.

(b)

Drainage facilities.

(1)

Drainage facilities shall be constructed in accordance with the design criteria and construction standards of the Master Development Plan of the City of Eagle Pass.

(2)

Drainage and drainage facilities shall be provided for in all instances and shall be approved by the city council and the planning and zoning commission under and subject to the requirements contained in this section, and subject also to other provisions relating to floodway, overflow and drainage areas, courses and easements in a manner such that natural watercourses shall not be so changed, ignored, filled or otherwise encroached upon as to reduce their effectiveness in carrying off surface storm water, and in a manner such that land use and development shall be effectively controlled for the purpose and to end eliminating and preventing property damage by flooding.

(c)

Compliance with federal regulations.

(1)

All subdivisions shall conform to the Flood Disaster Protection Act of 1973, Public Law 93-234, passed by the 93rd Congress, H.R. 8449, December 31, 1973, and the latest revisions thereof.

(2)

The city is also required to comply with applicable portions of the Department of Housing and Urban Development requirements of Title 24, Housing and Housing Credit, delineating requirements for the review of building permits and subdivisions.

(3)

Federal floodplains are delineated on the basis of one-hundred-year frequency discharges to be applied to only those areas where Official HUD—FIA Maps have been prepared, or where one-hundred-year water surface profile studies are available within the City of Eagle Pass and its extraterritorial jurisdiction.

(4)

The official maps and floodplain reports are on file in the city secretary's office, City Hall.

(d)

Construction prohibited. Hereafter, no property or land shall be developed, no premises shall be improved, and no building shall be erected or structurally altered, no land excavation or fill shall be authorized, permitted or done, no other encroachment of whatsoever nature or description shall be deposited, installed, constructed, erected or left, either within any natural drainage channel, natural watercourse or easement, or within such distance of any such channel, course or easement as may reasonably be calculated or determined by the city manager, city council or the commission to:

(1)

Reduce the function or effect thereof, in carrying off surface storm water;

(2)

Subject any nearby or adjacent structure, property or premises to danger of being damaged by flooding or erosion;

(3)

Otherwise make impracticable or impossible comportment with the requirements of this and other ordinances of the city, or with use, occupancy, building or other compliance regulations thereof.

(Ord. No. 05-22, § 1, 8-2-2005)