Service area restrictions.

Houston Code of Ordinances § 47-333

in effect

Sec. 47-333. - Service area restrictions. (a) Whenever the director determines that particular existing wastewater facilities are operating at 85 percent of their legally permitted capacity and that to allow additional reservations of capacity in such facilities at a level above the standard base level would result in an overloading of such facilities, then the director shall impose restrictions upon utility connections in that service area. The restrictions imposed under authority of this subsection shall provide that the director will not issue wastewater capacity reservations (other than ones conditioned upon the acquisition or construction of wastewater facilities) within the restricted service area for so long as the restrictions remain in effect, except in response to applications for proposed development which will require service at a level equal to or less than the standard base level. Notwithstanding the imposition of restrictions the director shall, where the provision of utility service is physically possible and where the proposed development otherwise complies with the requirements of this article, issue wastewater capacity reservations for proposed developments which provide for: (1) Construction of fire and police facilities, public education facilities, and health-care facilities. (2) Redevelopment which will not increase the amount of utility service required within the restricted service area. (3) Extension of the system to areas presently served by septic tanks. (4) Development which will require additional wastewater utility service at a level equal to or below the level authorized in a valid and unexpired previous commitment by the city. (5) Other types of development or redevelopment, which, as of the effective date, were permitted by the provisions of the city's wasteload control plan imposed under the requirements of Texas Water Quality Board Order No. 74-0122-1. (b) Whenever the director determines that particular existing wastewater facilities are regularly operating at a level which substantially exceeds their design or legally permitted capacity, the director shall impose restrictions upon utility connections in that service area. The restrictions imposed under authority of this subsection shall provide that the director will not issue wastewater capacity reservations (other than ones conditioned upon the acquisition or construction of wastewater facilities) within the restricted service area for so long as the restrictions remain in effect. Notwithstanding the imposition of restrictions the director shall, where the provision of utility service is physically possible and where the proposed development otherwise complies with the requirements of this article, issue wastewater capacity reservations for proposed developments which provide for: (1) Construction of fire and police facilities, public education facilities and health-care facilities, but only where the director finds that the provision of utility service to those facilities will have only a minimal effect on overloaded wastewater facilities. (2) Redevelopment which will not increase the amount of utility service required within the restricted service area. (3) Development which will require additional utility service at a level equal to or below the level authorized in a valid and unexpired previous commitment by the city. (4) Other types of development or redevelopment, which, as of the effective date, were permitted by the provisions of the city's wasteload control plan imposed under the requirements of Texas Water Quality Board Order No. 74-0122-1. (c) The director shall remove or modify service area restrictions whenever he determines that a change in state or federal regulatory requirements or a change in the service area or its wastewater facilities has increased or decreased the wastewater capacity available in that service area. (d) In order to impose, remove or modify restrictions on a service area, the director shall prepare a written notice which briefly describes the service area affected, the wastewater facility which serves the service area, the terms of the restrictions and the date upon which the imposition, removal or modification of restrictions is to take effect. The written notice shall be filed with the city secretary on or before the date the imposition, removal or modification is to take effect. The city secretary shall post a copy of the notice in a public place for a period of ten days, promptly publish a copy in a newspaper of general circulation in the city and shall thereafter maintain the notice in a file which shall be open to inspection by the public. The change in restrictions shall take effect on the date shown in the notice. (Code 1968, § 49-733; Ord. No. 83-650, § 1, 5-3-83)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH47WASE_ARTIXWAIMFECARE_DIV4RE_S47-333SEARREFetched: 10/26/2026