§ 8.2.2. Participation Guidelines

A.

General. The following guidelines are provided for those developments that desire to participate in the RSMP. Reference should be made to Table 8-1 for a listing of the watersheds in which participation is available.

Table 8-1 lists the Austin-area watershed codes named after the primary watercourse of the watershed and indicates those watershed basins which are presently a part of the RSMP. However, this does not preclude a regional application in any watershed. Watershed boundary delineations are maintained by the City. Use of any other delineation must be approved by the City and reflected on official City GIS maps, as designated by the Director of the Watershed Protection Department, prior to use.

To determine the exact service area boundaries and regional pond locations the engineer should contact the Watershed Protection Department. Developers who choose to provide on-site SWM should refer to Section 8.3.0 for design criteria. Participation may be granted upon determination of the applicant's ability to satisfy the requirements set forth below. It should be understood however, that this policy cannot cover all situations and that final judgment of eligibility shall be made by the Watershed Protection Department.

Table 8-1 Watersheds Eligible for RSMP Participation
Code	Watershed Name	Discharges Into
BAR	Barton Creek	Lady Bird Lake
BER	Bear Creek	Onion Creek
BUL	Bull Creek	Lake Austin
CAR	Carson Creek	Colorado River
CTM	Cottonmouth Creek	Onion Creek
CCE	Country Club East	Colorado River
CCW	Country Club West	Colorado River
DKR	Decker Creek	Gilleland Creek
DRE	Dry Creek East	Colorado River
EBO	East Bouldin Creek	Lady Bird Lake
ELM	Elm Creek	Colorado River/Gilleland Creek
HRS	Harris Branch	Gilleland Creek
LKC	Lake Creek	Brushy Creek
LWA	Little Walnut Creek	Walnut Creek
LBR	Little Bear Creek	Bear Creek
NFD	North Fork Dry Creek	Dry Creek (East)
ONI	Onion Creek	Colorado River
RAT	Rattan Creek	Lake Creek
RIN	Rinard Creek	Onion Creek
SHL	Shoal Creek	Lady Bird Lake
SLA	Slaughter Creek	Onion Creek
SBG	South Boggy Creek	Onion Creek
SFD	South Fork Dry Creek	Dry Creek (East)
WLN	Walnut Creek	Colorado River
WBL	West Bull Creek	Bull Creek
WMS	Williamson Creek	Onion Creek

 

B.

Participation requirements.

It is required that each RSMP applicant shall submit a completed request form and engineering submittal to the Watershed Protection Department at the time of preliminary plan submittal or site plan submittal. To view the request form and a check list for the engineering submittal, please refer to the RSMP program link in the Watershed Protection page of the City of Austin's website at www.austintexas.gov .

In order to participate in the program the applicant must satisfy all of the following conditions:

1.

The intervening drainage system from the site to the tributary or main branch of the downstream mapped floodplain must have the capacity to provide for the fully developed 100-year storm from the entire drainage area. If the downstream systems are undersized or downstream flooding conditions exist, RSMP participation may be approved if it can be verified there will be no additional adverse flooding impact to downstream properties for storm events up to and including the 100-year storm.

2.

The submitted engineering analysis must include a certified statement by a licensed engineer in the State of Texas that no additional adverse flooding impacts to other property will occur as a result of the proposed improvements.

3.

An easement for unconditional conveyance of the fully-developed 100-year flood event from the site to the main branch or tributary of the watershed must be either in place, or acquired before participation is allowed.

C.

Special Conditions. In addition to the specific criteria given above the engineer should note the following conditions which could arise:

1.

Should a regional detention facility or the intervening public drainage system be committed to its maximum capacity, an applicant may (at the City's discretion), increase the capacity of the regional facility or drainage system through approved modifications. The funding of any such modifications will be the responsibility of the applicant, and may take the place of the required participation fee:

a.

if the cost of the improvements are equal to or greater than the required fee; and

b.

the improvements provide a public benefit.

2.

If the subject tract desires to participate but intends to develop prior to construction of the regional facility or conveyance improvements, provisions must be made by the applicant for temporary on-site detention.

3.

Existing on-site ponds may be removed if the development is approved as a participant in the RSMP and the Watershed Protection Department reviews and approves such removal.

D.

Participation Fees. Participation fees will be calculated at the time of SWM concept plan submittal. To view the fee schedule and the present fees for participation, please refer to the RSMP link on the Watershed Protection Department Programs page on the City of Austin's website, www.austintexas.gov . Any increase will be posted at least 30 days prior to enactment. The participation fees shall apply to all areas, except dedicated greenbelts, common areas, permanent retention facilities, and areas undevelopable in accordance with City of Austin Ordinances.

Participation fees will be used by the City to fund the design and construction of regional drainage facilities for the management of stormwater peak rates of runoff.

After a development is accepted for participation, fees shall be paid in accordance with the following:

1.

Single Family and Duplex Subdivisions.

a.

For single-family subdivisions which do require the construction of streets or drainage facilities, a letter of credit must be posted with the Watershed Protection Review Department in an amount equal to the total participation fee prior to final plat approval. This letter of credit must be replaced by cash prior to construction plan approval.

b.

For single-family subdivisions which do not require the construction of streets, payment must be made prior to final plat approval.

2.

Commercial and Multi-Family Site Development. For commercial and multi-family site development (including triplexes, fourplexes, apartments and condominiums), payment must be made prior to issuance of a development permit.

3.

Multi-Family, Commercial and Industrial Subdivisions. For multi-family, commercial and industrial subdivisions, payment shall be made prior to final plat approval for the rights-of-way. In addition, the applicant shall assign, by plat note, the responsibility for payment of the participation fee by the individual lot developer prior to their development permit approval.

Upon payment of fees the agreement available via the RSMP link on the Watershed Protection Department Programs page on the City of Austin's website, www.austintexas.gov shall be signed and act as a binding agreement between the developer and the City.