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HomeMy WebLinkAboutOrdinances (O-93-901)-09/07/1993 ORDINANCE 0-93-901 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, PROVIDING FOR THE CONTROL OF EROSION AND SEDIMENTATION BY AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE TO ADD SECTION 13 ENTITLED "EROSION AND SEDIMENTATION CONTROL"; PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND AUTHORIZING PUBLICATION. WHEREAS, the City of Colleyville has significant soil erosion and and; in the past experienced sedimentation problems, WHEREAS, large quanti ties of earth have been displaced from private property onto the public streets, gutters, sidewalks, storm drains, public easements, and other public rights-of-way, and; WHEREAS, erosion is a dangerous activity in that it contaminates water supplies and water resources, and; WHEREAS, exceSSlve sedimentation clogs watercourses, drainage easements and storm drains, and causes flooding which results in substantial damage to public and private lands, and; WHEREAS, these problems result in a serious threat to the health, safety, and general welfare of the community, and; WHEREAS, the City Council of the City of Colleyville, Texas, upon full consideration of all matters has determined the desirability to provide regulations for the control of erosion siltation; WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, THAT CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE IS AMENDED BY ADDING SECTION 13 "EROSION AND SEDIMENTATION CONTROL". -1- T ., Sec. 1 FINDINGS OF FACT, PURPOSE, AUTHORITY, APPLICABILITY, RELATED ORDINANCES. A. FINDINGS OF FACT The City of Colleyville has in the past experienced significant soil erosion and sedimentation problems. Large quantities of earth have been displaced from private property onto drainage easements, storm drains and other property onto drainage easements, storm drains and other public places, access easements, public easements and public rights-of-way. Erosion is a dangerous activity in that it contaminates water supplies and water resources. Excessive sedimentation clogs watercourses, drainage easements and storm drains, and causes flooding which results in substantial damage to public and private lands. These problems result in a serious threat to the health, safety and general welfare of the community. B. STATEMENT OF PURPOSE This ordinance sets forth the minimum performance standard necessary to protect against erosion and sedimentation problems within the City of Colleyville to establish the various public and private responsibilities for providing this protection. It is the intent of this ordinance to set forth performance standards which all erosion and sedimentation controls must, at a minimum, meet. It shall be the duty and responsibility of all persons, firms or corporations to which this ordinance applies, to design and implement erosion and sedimentation control measures which meet the performance standards contained in this ordinance. Further, it is the purpose of this ordinance to: (1) Protect human life health and property; (2 ) Minimize expenditures of public cleaning sediment out of streets, storm drains and watercourses; money for sidewalks, (3) Ensure that those who expose soil to possible erosion losses are minimizing those soil losses; (4) Preserve the natural beauty and aesthetics of the community; -2 - . , (5) Prevent the pollution of streams, ponds and other watercourses by sediment; (6) Provide for restoration of sites to reduce the negative environmental impacts of construction activity. C. SCOPE OF AUTHORITY AND RESPONSIBILITY The provisions of this ordinance apply to: (1) Any person, firm, corporation or business proposing to develop land or improve property within the City of Colleyville; (2) Any person, firm, corporation or business currently developing land or improving property within the City of Colleyville; and (3 ) Any person, firm, owns, possesses, exercises control of Colleyville. corporation or business who is in custody of, or of, property within the City The owner, builder, developer, tenant, or any other person, firm, or corporation who owns, possesses, is in custody of, or exercises control of, property, building structures , subdivisions, excavations and fill operations, all development and all other similar development activities shall be responsible for any silt, mud, or sands transported from the property by drainage. The intent of this ordinance is that owners, builders, and developers make provisions for preventing erosion and sedimentation problems at such time as their property is proposed for development, use, or modification, and to continue such preventive measures during the actual construction and development of the property. Additionally, all persons, firms or corporations who, after construction and development, own, possess, are in custody of, or exercise control of, the property are responsible for preventing the erosion and sedimentation problems addressed by this ordinance. D. LANDS TO WHICH THIS ORDINANCE APPLIES All properties (lands) within the City of Colleyville are subject to this ordinance. -3- ., Sec. 2 E. DUTIES OF CITY OFFICIALS The City Engineer is hereby appointed to administer and implement this ordinance. The duties of the City Engineer or his designee shall include, but not be limited to: (1) Inspecting sites to determine compliance with this ordinance; (2) Determining if sureties shall be exercised. If so, the City Engineer shall arrange for the work to be done, and if not, the City Engineer shall return the sureties to the applicant; and (3) Determining if a "stop work order" shall be issued and, if so, when the "stop work order" shall be removed from the proj ect or construction, and work allowed to commence or recommence. F. RELATED ORDINANCES Besides this ordinance, the City of Colleyville has other ordinances, regulations, and specifications possibly affecting erosion and sedimentation control. In the event of a conflict between this ordinance and any other ordinances of the City of Colleyville, the most restrictive ordinance shall govern. OFFENSES A. OFFENSE OF PERFORMING EARTHWORK WITHOUT AN APPROVED EROSION AND SEDIMENTATION CONTROL PLAN AND EARTHWORK PERMIT. It shall be unlawful to remove trees, excavate, grade, level, or otherwise disturb soil or perform any earthwork, except as limited in paragraph (2) below, without an approved Erosion and Sedimentation Control Plan and approved Earthwork Permit. The Erosion and Sedimentation Control Plan shall be signed and sealed by a registered professional engineer. (1) STANDARD FOR OWNERS OF INDIVIDUAL PARCELS Evidence Engineer property be presented to the City the owner of the subject employ sufficient soil shall that will -4- erosion/sedimentation measures so as to mitigate any negative erosion control effects as a result of the clearing of the single lot or parcel. Example of adequate soil erosion control include the perimeter installation of hay bales or other sufficient silt fencing. The City engineer may not issue a permit if he determines that sufficient soil erosion mitigation measures have not been proposed and/or installed prior to any earthwork being conducted on-site. Further the permit may be revoked if a breech in the soil erosion system occurs. (2) EXEMPTIONS FOR CERTAIN INDIVIDUAL PARCELS It is acknowledged that an individual property owner is not required to seek a permit for earthwork, when the land is being, or is intended to be used as a single-family residence, and the earthwork to be performed is for the sole purposes of gardening, landscaping, sprinkler installation, or other earthwork purposes not related to urban development. However, the City Engineer may require that a particular individual property owner install erosion control measures if the City Engineer determines that a sufficient amount of soil erosion/siltation is occurring or has occurred as a result of the aforementioned earth work. In such instance the City Engineer will provide written notice to the owner of record of the property that such measures are being required. (3) STANDARD FOR BUILDERS/BUILDING CONTRACTORS WITHIN PREVIOUSLY APPROVED SUBDIVISIONS All applicants for a building permit within the City of Colleyville shall submit to the Public Works Director an Erosion and Sedimentation Control Plan for reVlew and approval prior to issuance of a building permit. No construction may commence until such time that evidence to mitigate soil erosion and sedimentation has been reviewed and approved by the Public Works Director. (4) STANDARD FOR NEW SUBDIVISIONS In addition to those requirements for subdivisions found in Code of Ordinances, City -5- T of Colleyville, Texas, all applicants for subdivision of land shall submit to the City Engineer an erosion and sedimentation control plan for approval prior to the commencement of construction. The erosion and sedimentation plan shall be included in the engineering construction plans. (5) REQUIREMENTS FOR ALL DEVELOPMENT SITES GREATER THAN 5 ACRES For all development sites with proposed soil surface disturbance areas of greater than 5 acres, the applicant shall include in the application submittal a copy of the Notice of Intent (NOI) For Storm Water Discharge previously submitted to the Environmental Protection Agency. B. OFFENSE OF FAILING TO PREVENT A PUBLIC EROSION NUISANCE It shall be unlawful for any person, firm or corporation which owns, possesses, is in custody of or exercises control of property to permit a public erosion nuisance to occur on said property. A public erosion nuisance is an occurrence where erosion of, or sediment from, one location causes an unsafe, bothersome, or unsightly condition on public property and public rights-of-way. An unsafe, bothersome or unsightly condition or burden includes silt, mud or similar debris, originating on one property but being deposited onto a second off-site property, which is public property or a public right-or-way from which the City of Colleyville may have to remove or clean up the deposit due to liability, statutory, aesthetic, drainage or property damage concerns. Examples include, but are not limited to: (1) Excessive sedimentation in storm drains, drainage easements and watercourses caused by erosion; and (2) Excessive sedimentation on public streets, sidewalks, alleys, easements and other rights- of-way caused by erosion. It is not a violation of this ordinance if erosion and sedimentation occurs upon private property and is deposited upon private property. Only erosion and sedimentation -6- T . , which impacts upon public property and public rights-of-way are governed by this ordinance. C. NOTICE PROVISIONS It shall be the duty of the City Engineer or his designee to give forty-eight hours (48 hours) notice, in writing, to the owner or agent in charge of any premises believed to be in violation of this ordinance, to secure an approved Earthwork Permit and/or to correct the public erosion nuisance and to clean up and remove the offending and burdensome sedimentation. A notice of less than 48 hours may be given in the event that the City Engineer decides, in his judgement, that the situation believed to be In violation of this ordinance poses a substantial and immediate threat to public health, safety, and welfare. D. VARIANCES The City of Colleyville City Council may grant a written variance from the provisions of this ordinance if strict adherence to requirements will result in unnecessary hardship and not fulfill the intent of this ordinance. The owner shall submit a written request for a variance to the City of Colleyville. The request shall state the specific variance sought and reasons for requesting the variance. The City of Colleyville shall not grant a variance unless and until sufficient specific reasons justifying the variance are provided by the owner. E. ABATEMENT BY CITY In the event that the owner of any lot, tract, parcel of land, or a portion thereof situated within the corporate limits of the city shall fail to comply with this ordinance, then the City Engineer, or his designee, shall notify such owner by letter, addressed to him at the address shown on the last approved tax rolls of the city or at any residence or business structure located on subject property or at the last known address. The mailing of notice in accordance with any of the above shall satisfy this section. In the alternative, the city may notify the owner by publication in the City's official newspaper on one (1) occasion. At the expiration of ten (10) days after notification or -7- T '1 Sec. 3 publication, the city may enter upon such premises and may do such work as is necessary, or cause the same to be done, in order that the premises may comply with the requirements set forth within this ordinance. A statement of the cost incurred by the city to abate such condition shall be mailed to the owner of said premises, which statement shall be paid within thirty (30) days of the date of the mailing thereof. In the event that said statement has not been paid within such period, the City Manager may file a statement with the Tarrant County Clerk of the expenses incurred to abate such condition on said premises, and the city shall have a privileged lien on any lot, tract or parcel of land upon which such expenses is incurred, together with ten (10) percent on the delinquent amount from the date such payment is due. For any such expenditure and interest, as aforesaid, suit may be instituted and recovery and foreclosure had in the name of the city and the statement so made, as aforesaid, or a copy thereof shall be prima facie proof of the amount expended in any such work performed by the city. The City Manager or his designee shall file a statement of expenses incurred, giving the amount of such expenses, the date on which said work was done or improvements made, with the county clerk; and the city shall have a privileged lien on such lots or real estate upon which said work was done or improvements made to secure the expenditures so made, in accordance with the provisions of Subchapter "A" of UTCA Health and Safety Code, which lien shall be second only to tax liens and liens for street improvements; and said amount shall bear ten (10) percent interest from the date said statement was filed. Further, for any such expenditures and interests as aforesaid, suit may be instituted and recovery and foreclosure of said lien may be had in the name of the city; and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvement. EROSION AND SEDIMENTATION CONTROL PLAN OBJECTIVES AND DESIGN CONSIDERATIONS The City Engineer shall not approve any Erosion and Sedimentation Control Plan that does not meet the objectives and design considerations outlined in this section. -8- T A. EROSION AND SEDIMENTATION CONTROL PLAN OBJECTIVES The obj ecti ve of the Erosion Control Plan is to prevent nuisances. The prevention of nuisances can be promoted, In following goals: and Sedimentation public erosion public erosion part, by the (1) Reduce sedimentation in streams, creeks, lakes, waterways, storm drains, etc. (2) Protect the quality of the water in the City of Colleyville. (3) Provide, habitat. protect, and preserve wildlife (4) Provide for restoration of sites to reduce the negative environmental impacts of construction activity. B. DESIGN CONSIDERATIONS In order to implement the objectives stated above, the following design considerations are necessary and should be addressed by the required erosion and sedimentation control plan: (1) Limit the Slze of disturbed areas to the greatest extent possible. Stabilize any disturbed area as soon as possible. (2 ) (3) For construction activities In waterways, the lowing additional requirements must be met: a) At the end Contractor excavated channels. of each working day the shall remove all loose material from drainage b) No construction or fill materials can be stored within the limits of the channel. All equipment and materials storage and staging areas must have erosion controls. c) Rock berms or sand bag berms shall be used to entrap sediment. d) Flooding potential should be considered when locating the control measures. -9- (4) Controls are required to intercept silt from all disturbed areas. (5) Keep the velocities of storm water runoff below the erosive level of the soil. (6) Protect street areas and areas disturbed by development activity from upstream runoff. (7) Capture and filter/drain storm water runoff. (8) Minimize the extent of sediment leaving the project site. (9) Reduce flooding hazards and silt removal cost associated with excessive sediment accumulation in storm drains and waterways. (10) Reduce the concentration of storm water runoff and promote sheet C.ow to greatest extent possible. (11) Re-vegetate all disturbed areas with a rapid, vigorous growth of long-term vegetation composed of a mixture of grasses, forbs and woody plants. (12) Provide sedimentation and/or filtration pond to maintain and improve water quality. (13) Erosion control plans should be phased to accommodate for changes in drainage patterns that occur during development. (14) Reduce the silt leaving a construction site on the wheels of construction vehicles by providing vehicle washing areas and/or established construction entrances and exits. (15) Preserve and protect existing vegetation to the greatest extent possible. (16) Flanning should consider the natural topography and soil condition in an attempt to limit the erosion potential. (17) Design erosion/sedimentation controls to harmonize with natural character of the lands. (18) When storm drain inlets must be protected, a perimeter filtration dike shall be used (triangular filtration dike or hay bale dike) . -10- Sec. 4 . ,- - -r-- ____._.___.d. -.,.- The above listed considerations are illustrative only, and are not to be considered an exhaustive list of criteria an effective erosion and sedimentation control plan should address in order to prevent a public erosion nuisance. It shall be the sole responsibility of the applicant to prepare and submit an erosion and sedimentation control plan which meets the requirements of the City of Colleyville and this ordinance. ADMINISTRATION, APPROVALS, SURETY A. EFFECT OF APPROVAL It lS to be understood that the approval of an Erosion and Sedimentation Control Plan by the Engineering Department does not constitute a recognition by the City that the Erosion and Sedimentation Control Plan will prevent any, or all, public erosion nuisances. By approval of the Erosion and Sedimentation Control Plan, the City does not warrant that the Erosion and Sedimentation Control Plan will be sufficient to prevent a public erosion nuisance, and the City waives no rights to pursue any legal remedies, both under this ordinance, and all other applicable ordinance and laws. If for any reason, after an Erosion and Sedimentation Control Plan is approved by the Engineering Department, a public erosion nuisance occurs on property addressed by said Erosion and Sedimentation Control Plan, the approval of said Erosion and Sedimentation Control Plan shall not be a defense or bar to prosecution under this ordinance. B. WARNING AND DISCLAIMER OF LIABILITY The planning considerations given in this ordinance for erosion controls rely on a degree of erosion and sedimentation control and flood protection that is considered reasonable for regulatory purposes and that is based on scientific, engineering, and economic considerations. This ordinance does not imply that erosion and sedimentation controls will survive inundation by runoff from storms or that land below such controls will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Colleyville, -11- -....... ' 'I or any officer or employee thereof, for any flood damages, or erosion or sedimentation damages, whether to personas or property, that result from reliance on this ordinance or any administrative decision lawfully made thereunder. C. SURETY FOR PERMANENT EROSION CONTROLS IN NEW SUBDIVISIONS The applicant shall provide a surety in the form of cash, certificate of deposit, irrevocable letter of credit acceptable to the City, or surety bond underwritten by a surety company licensed to operate in the State of Texas to insure that vegetative cover and other permanent erosion control measures are installed, maintained, and functioning properly up to a two (2) year period from the date of final acceptance of the dedicated streets and/or utilities by the City of Colleyville. This surety shall be given to the City before the final acceptance of the streets and/or utilities. This surety shall be in the amount estimated to be one hundred percent (100%) of the cost of constructing and maintaining the permanent erosion controls for a two (2) year period. Such estimate shall be signed and sealed by a registered professional engineer. Any vegetative cover which is planted and is a permanent part of a public improvement proj ect associated with the subdivision development will not be accepted by the City until the growth has been established and maintained by the developer for a two (2) year period from the date of final acceptance of the subdivision's streets and utilities. After the two-year period has elapsed, the owner of the property shall be responsible for maintaining the erosion controls in good working order. If any future owner modifies or disturbs the erosion controls for the area, that owner must restore or replace the permanent erosion controls at the conclusion of the disturbing activity. D. STOP WORK ORDERS All development, improvement, and construction on any land which is in violation of the provisions of this ordinance may be halted and stopped by order of the City Engineer. No stop work order may be issued until the notice provisions of this ordinance are fully complied with by the City and -12- _.-_.....~._'--..-T---.+-..__.. --_.~--_. --'T' - .., -, the owner or agent of reasonable time period erosion nuisance and to offending and burdensome the premlses to correct clean up and sedimentation. lS glven the public remove the Sec. 5 SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of the ordinance, and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Sec. 6 PENALTY Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 7 EFFECTIVE DATE The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The fir~a1ing and public hearing being conducted on the day of S , 1993. The secoft~;eaping and public hearing being conducted on the day of ~tf~+ , 1993. The thi~~erp}~~Rg ;nd public hearing being conducted on the day of Joe , 1993. ('1~ 31!J 1~ -13- " ATTEST: 1)' Q.;~fd~ JeaJi:rris, CMC City Secretary AB?;D no }ORM T _/-fl-- Ro s T. Foster City Attorney AND LEGALITY: jh/ord/soil.7 updated September 10, 1993 'T ?jJ~ AChard Newton Mayor -14- '1