ORD-2025-01 Development Code Effective January 25, 2025

6 CHAPTER

Environmental Regulations

other strategies that will accomplish the objectives defined and discussed in this Article. Section 6.1.2.2 Cut and Fill Standards The layout of the street network, lots and building sites shall minimize the amount of cut and fill on slopes in accordance with the standards for cut and fill identified in this Section. A. Cuts. Cuts or other excavation on a tract of land may not exceed four feet of depth, except:

b. The fill is not placed in a water quality zone, buffer zone, or a 100-year floodplain; c. The landfill operation has an erosion and restoration plan approved by the City, and

d. All other applicable City Code provisions are met.

C. Cut area surfaces and fill areas must be restored and stabilized in accordance with the City Stormwater Technical Manual. Section 6.1.2.3 Relief from Cut and Fill Standards A. Administrative Adjustment. The Responsible Official may approve an administrative adjustment to a requirement of Section 6.1.2.2 for a water quality control or stormwater facilities, or for a cut or fill of not more than eight feet in accordance with Section 2.8.5.1 subject to the criteria below. B. Criteria. The following criteria are used to determine a request for relief from the cut and fill requirements. 1. The post-construction layout is integrated with natural contour lines. 2. Enhanced measures identified in the City Stormwater Technical Manual are used to manage construction and post-construction stormwater runoff quality to levels that would be the same or better quality as would result from a cut or fill of not more than four feet. C. Alternative Compliance. An alternative compliance request for a cut or fill greater than eight feet may be approved by the City Council in accordance with Section 2.8.4.1 and subject to the Criteria in Sec Section 6.1.2.3(B)2. Section 6.1.2.4 Ecological Preservation along the San Marcos River A. Stabilization of eroding Creek banks. Stabilization of eroding creek banks is permitted in order to protect threatened property, but only as approved by appropriate Federal and State agencies and the Responsible Official. All these projects shall be designed to stabilize existing conditions only. B. Excavation or filling. Excavation or filling shall be allowed only in accordance with Chapter 39 of the San Marcos City Code, and the following additional requirements: (Ord. No. 2019-45, 12-17-19)

1. In the CD-5 or CD-5D zoning districts;

2. In a street right-of-way;

3. For cuts within the perimeter of a building footprint and temporary cuts necessary during construction of a building foundation within a building footprint; 4. For utility construction or a wastewater drain field if the area is restored to natural grade; or 5. In a state permitted sanitary landfill or a sand or gravel excavation located in the Extraterritorial Jurisdiction, if:

a. The cut is not in a water quality or buffer zone;

b. The cut does not hydrologically alter for the worse a 100-year floodplain; c. The landfill or excavation has an erosion and restoration plan approved by the City; and

d. All other applicable City Code provisions are met.

B. Fill. Fill on a tract of land may not exceed four feet in depth, except:

1. In the CD-5 or CD-5D zoning districts;

2. In a street right-of-way;

3. Under a foundation with sides perpendicular to the ground, or with pier and beam construction;

4. For utility construction or a wastewater drain field;

5. In a state-permitted sanitary landfill located in the Extraterritorial Jurisdiction, if:

a. The fill is derived from the landfill operation;

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Amended: January 21, 2025 San Marcos Development Code