§ 21.30.100. Environmental standards.

A.

General.

1.

Transect zones manifest a range of natural and urban conditions. In case of conflict, the natural environment shall have priority in the more rural zones (T1—T3) and the built environment shall have priority in the more urban zones (T4—T6).

a.

Trees should be planted below the grade of the sidewalk and the street in structural cells with sufficient root space.

b.

Rain gardens and bioswales should be installed to infiltrate runoff from parking lots, thoroughfares, plazas and other impervious surfaces.

c.

Where vegetative solutions are not feasible, porous concrete or porous asphalt should be specified for sidewalks, parking lots, and plazas to infiltrate stormwater.

2.

There shall be designated ephemeral streams, generating a stream buffer subject to a standard for crossing and protection of its riparian condition as specified below for each transect zone.

3.

There shall be designated wetlands subject to a standard of restoration, retention, and mitigation as specified below for each transect zone.

B.

Environmental contamination.

1.

The level of contamination on Brownfield sites may impact and limit the ability to comply with all standards established under this title, although the form of a particular set of transects may still be appropriate. If the Texas Commission on Environmental Quality (TCEQ) or the Environmental Protection Agency (EPA) has placed environmental restrictions on a designated Brownfield site, then by warrant, the following modifications may be granted provided that such modifications are necessary and attributable solely to the environmental restrictions and would still allow for the Brownfield site to be developed under the remaining requirements of this title.

a.

The acreage requirements of Section 21.30.030.

b.

Removal of certain uses in Table 12.

c.

Allocation of zones in Table 14a.

d.

Block size requirements of Table 14c, specifically where contamination is contained.

C.

Specific to zone T1, utility green space designation.

1.

Within a T1 zone, the area shown as open space may be designated as utility green space for the purpose of protecting and conserving lands to:

a.

Add to the existing open space system and enhance the ecological, hydrological, and recreational vitality of the existing Franklin Mountains and foothill areas;

b.

Promote planning and growth that emphasizes sustainability in our built and natural environments;

c.

Promote careful management to reduce environmental impacts to the water, waste water and stormwater systems in the community;

d.

Protect healthy ecosystems through environmental management and measurement by:

(1)

Reducing impervious cover that contributes to degradation of water resources;

(2)

Reducing rainfall pollutant loads to streams and other water resources;

(3)

Reducing potential pressure to encroach on utility resource buffer areas;

(4)

Reducing soil erosion potential by reducing the amount of clearing and grading required;

(5)

Promoting erosion and sediment control;

(6)

Reducing capital cost of utility infrastructure;

(7)

Reducing cost of stormwater management by concentrating runoff and reducing volumes;

e.

Promote a high quality, sustainable utility system that conserves and protects land, watershed, wastewater, reclaimed water and water resources;

f.

Optimize best practices in planning, engineering and management that will protect the environment; and

g.

Protect the ecological and geological health and function of green space.

2.

Where a utility green space is designated within a T1 zone, a conservation covenant may be required to provided further protection to the area.

3.

In addition to allowing use of the land for water, wastewater, and stormwater utility systems, other passive recreational uses and activities customarily found in conserved natural areas are also permitted (such as, but not limited to, trail corridors and trailheads, scenic outlooks, and pedestrian walking and jogging paths). Notwithstanding the allowable uses and activities described in this section, the mandating restriction of uses and activities permitted on land within a utility green space designated within a T1 zone shall be as set forth in the regulating plan. Should the land also be covered by a conservation covenant, the conservation covenant shall enumerate the use(s) permitted and prohibited, shall detail how use of the land shall be authorized pursuant to this section, and shall include a management plan for maintenance, monitoring and enforcement of these use provisions. In no case shall a use not satisfying the general intent of these regulations be permitted as a provision of the conservation covenant.

4.

Any property designated as utility green space within a T1 zone shall be subject to the development standards of the El Paso City Code as part of construction, reconstruction, or alteration of any permitted use, and any additional development standards as may be enumerated in the regulating plan.

5.

Water, wastewater, and stormwater utility systems, for purposes of this section, shall mean the systems of the city as they may be constructed or now exist and may be improved, added to, or extended hereafter, there being included in such term all water, sewer and stormwater facilities now or hereafter owned or operated by the El Paso Water Utilities - Public Service Board, and including all real and personal property comprising any part of or used or useful in the operation of the water, waste water, and stormwater facilities of the city. Specific facilities shall include, but not be limited to, any facility or structure that stores, pumps, conveys, treats, or disposes of potable water, reclaimed water, wastewater, and/or stormwater and the associated residuals with the appropriate resource buffer zone. In addition, other public utility facilities which serve to distribute and transmit electrical power, gas and other essential service necessary to the water, waste water, and stormwater utility systems are also authorized.

6.

Utility green space designated within a T1 zone shall not be considered a park or civic space, nor shall acceptance of a dedication and maintenance by the city be required.

D.

Specific to zone T1, stormwater open space designation. Within a T1 zone, the areas shown as open space may be designated as stormwater open space where natural drainage is to be permitted to the extent reasonably possible to preserve the city's open spaces, greenways, arroyos, and wilderness areas. Stormwater open space may allow for passive recreational use, and may be considered a park or park/pond with dedication and maintenance by the city. Notwithstanding any other provision of this section, stormwater open space shall permit necessary water, waste water, and stormwater utility systems.

E.

Specific to zones T1, T2.

1.

Within T1 zones and T2 zones, the encroachment and modification of natural conditions listed in Section 21.30.100 F.1. shall be limited according to applicable local, state and federal law.

2.

The stream buffers for streams shall extend one hundred feet from each side of the centerline of the watercourse or the limits of the one-hundred-year floodplain, whichever is greater. Stream buffers shall be maintained free of structures or other modifications to the natural landscape, including agriculture. Thoroughfare crossings shall be permitted when approved by city council as part of the regulating plan.

3.

Wetlands shall be retained and restored if in a degraded condition. Additional buffers shall be maintained at one hundred feet. Wetland buffers shall be maintained free of structures or other modifications to the natural landscape, including agriculture. Thoroughfare crossings shall be permitted only when approved by city council as part of the regulating plan.

F.

Specific to zones T1, T2, T3.

1.

Stormwater management on thoroughfares shall be primarily through retention and percolation, channeled by curbside swales.

G.

Specific to zones T3, T4, T4-O. Native plant perennial landscapes should replace turf grass where possible and be very diverse. They should be placed lower than walkways, not mounded up.

H.

Specific to zone T3.

1.

Within T3 zones, the continuity of the urbanized areas shall be subject to the precedence of the natural environmental conditions in the categories below. The alteration of such conditions shall be limited according to local, state and federal law.

a.

Surface waterbodies;

b.

Protected wetlands;

c.

Protected habitat;

d.

Riparian corridors;

e.

Purchased open space;

f.

Conservation easements;

g

Transportation corridors;

h.

Areas residual to clustered land development (CLD);

i.

Floodplain, including special flood hazard areas;

j.

Steep slopes.

2.

The stream buffer shall extend one hundred feet from each side of the centerline of the watercourse or the limits of the one-hundred-year floodplain, whichever is greater. Stream buffers shall be maintained free of structures, except that thoroughfare crossings may be permitted.

3.

Wetlands shall be retained and restored if in degraded condition. Additional buffers shall be maintained at fifty feet. Buffers shall be free of structures or other modifications to the natural landscape. Thoroughfare crossings shall be permitted only when approved by city council as part of the regulating plan.

I.

Specific to zone T4.

1.

Within T4 zones, the continuity of the urbanized areas shall take precedence over the natural environmental conditions listed in Section 21.30.100 F.1. The alteration of such conditions shall be mitigated off-site.

2.

The stream buffers shall extend fifty feet from each side of the centerline of the watercourse or the limits of the one-hundred-year floodplain, whichever is greater. Stream buffers and streams of all classes may be crossed by thoroughfares as required by the thoroughfare network.

3.

Wetlands shall be retained and maintained free of structures or other modifications to the natural landscape. Thoroughfare crossings may be permitted.

J.

Specific to zones T4-O, T5.

1.

Within T4-O and T5 zones, the continuity of the urbanized areas shall take precedence over the natural environmental conditions listed in Section 21.30.100 F.1. The alteration of such conditions should be mitigated off-site.

2.

The stream buffers shall extend twenty-five feet from each side of the centerline of the watercourse or the limits of the one-hundred year floodplain, whichever is greater, with the exception that stream buffers and streams of all classes may be embanked and crossed by thoroughfares as required by the thoroughfare network.

3.

Wetlands may be modified if mitigated off-site at a two to one ratio. Thoroughfare crossings shall be permitted by right.

K.

Specific to zones T5O, T6.

1.

Within T5), T6 Zones, the continuity of the urbanized areas shall take precedence over the natural environmental conditions listed in Section 21.30.100 F.1. The alteration of such conditions shall not require off-site mitigation.

2.

The stream buffers shall extend twenty-five feet from each side of the centerline of the watercourse or the limits of the one-hundred-year floodplain, whichever is greater, with the exception that stream buffers and streams of all classes may be embanked and crossed or enclosed by thoroughfares as required by the thoroughfare network.

3.

Wetlands may be modified, not requiring off-site mitigation. Thoroughfare crossings shall be permitted by right.

L.

Specific to zones T4, T4-O, T5, T5O, T6 and special districts SD3, SD4, SD5, SD7.

1.

Stormwater management on thoroughfares and lots shall be primarily through underground storm drainage channeled by raised curbs, and there shall be no retention or detention required on the individual lot.

(Ord. 16945 § 2 (part), 2008)

(Ord. No. 17542, § 15, 4-26-2011; Ord. No. 17787, § 4, 5-15-2012; Ord. No. 17903, § 2, 11-6-2012; Ord. No. 17962, § 4, 3-5-2013)