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".
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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;
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(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.
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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
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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
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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
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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
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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.
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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.
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(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) .
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Sec. 4
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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,
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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
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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.
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ATTEST: 1)'
Q.;~fd~
JeaJi:rris, CMC
City Secretary
AB?;D no }ORM
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Ro s T. Foster
City Attorney
AND LEGALITY:
jh/ord/soil.7
updated September 10, 1993
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AChard Newton
Mayor
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