(a) Definitions. In this section:
(1) CORRIDOR DEVELOPMENT CERTIFICATE (CDC) MANUAL means the manual by that title dated January 31, 1992, or its latest revision.
(2) FLOODPLAIN ALTERATION means any construction of buildings or other structures, mining, dredging, filling, grading, or excavation in the floodplain.
(3) TRINITY RIVER CORRIDOR means the portion of the floodplain of the West Fork, Elm Fork, and mainstem segments of the Trinity River floodplain within the Dallas city limits, as delineated on the latest CDC Regulatory Map.
(b) Certificate required. A person commits an offense if he makes any floodplain alteration within the Trinity River Corridor without first obtaining a corridor development certificate (CDC) from the director of water utilities. It is a defense to prosecution that an exemption or variance has been obtained in accordance with CDC criteria.
(c) Application. An application for a corridor development certificate must be filed with the director of water utilities on a form furnished by the department of water utilities.
(d) Review. The director of water utilities shall deny an application for a certificate unless it complies with the standards contained in the CDC Manual or unless an exemption from or a variance to those standards is obtained in accordance with Subsection (e).
(e) Exemptions and variances.
(1) Exemptions.
(A) An exemption from the requirements of this section may be obtained if the floodplain alteration involves the following activities:
(i) Ordinary maintenance of and repair to flood control structures.
(ii) The construction of outfall structures and associated intake structures if the outfall has been permitted under state or federal law.
(iii) Discharge of material for backfill or bedding for utility lines, provided there is no significant change in pre-existing bottom contours and excess materials are removed to an upland disposal area.
(iv) Bank stabilization.
(v) Any project listed in the U.S. Army Corps of Engineers March 1990 Reconnaissance Report, which is attached as Appendix A to the CDC Manual, or any project approved under the provisions of this division, provided the approval, permit, or authorization has not expired and no significant changes have occurred since the approval, permit, or authorization was issued.
(B) Application for an exemption must be made to the director of water utilities on a form provided by the department of water utilities.
(C) If the director of water utilities determines that an application for an exemption falls within one of the categories listed in Paragraph (1), the director shall issue a written exemption from the requirements of this section.
(2) Variances. If the director of water utilities determines that the application for a corridor development certificate does not comply with all of the standards contained in the CDC Manual, the applicant may apply for a variance to any standard contained in the manual. An application for a variance must be made to the director of water utilities, who shall schedule the application for consideration by the city council. (Ord. Nos. 21636; 24085; 27697; 30994; 32039)