HomeMy WebLinkAboutOrdinances (O-99-1174)-09/21/1999
ORDINANCE 0-99-1174
AN ORDINANCE AMENDING ORDINANCE NUMBER 0-70-014, THE SUBDIVISION
REGULATIONS OF THE CITY OF COLLEYVILLE, AS AMENDED, BY MODIFYING
SECTION 14, THE STANDARDS FOR EROSION AND SEDIMENTATION CONTROL;
PROVIDING A PENALTY AND AUTHORIZING PUBLICATION.
WHEREAS, the Texas Local Government Code provides the authority to allow the
governing body of a municipality to regulate the drainage and erosion of
land; and,
WHEREAS, the City of Colleyville has received numerous complaints from citizens
regarding poor maintenance of erosion control in new subdivisions and on
individual lots where new homes are being constructed; and,
WHEREAS, the Planning and Zoning Commission has held a public hearing on the matter
as required by Section 212.002 of the Local Government Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT Section 14, Erosion and Sedimentation Control of Ordinance 0-70-014,
as amended, the Subdivision Regulations for the City of Colleyville, is hereby
amended in its entirety to read as shown in the attached Exhibit 'A'.
Sec. 2. THAT 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. 3. THAT 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.
Ordinance 0-99-1174
Page 2 of 2
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the l tb day of 5 p~m III r;
1999.
The second reading and public hearing being conducted on the 2/~ day of
~, 1999.
ATTEST:
J n Harris, CMC
City Secretary
COLLEYVI LLE
APPROVED AS TO FORM AND LEGALITY:
City of Collevville. Texas
Section 14. Erosion Control
Sec. 14.1. PURPOSE, AUTHORITY, AND APPLICABILITY
14.1.A Purpose:
The purpose of these erosion control regulations is to set forth the minimum standards necessary to protect
against erosion and sedimentation problems within the City of Colleyville when (1) new subdivisions are
developed, (2) a building permit has been issued for a construction site, or (3) other soil erosion conditions create
a public erosion nuisance as herein defined.
14.1.B Scope of Authority and Applicability:
Every lot, tract or parcel of land within the corporate limits of the City Colleyville shall be subject to these erosion
control regulations.
14.1.C Duties of City Officials:
The City Engineer, or his designee, is hereby authorized to enforce these erosion control regulations.
14.1.0 Conflicting Regulations:
In the event of a conflict between these erosion control regulations and any ordinance of the City of Colleyville, the most
restrictive regulation shall govern.
Sec. 14.2 EARTHWORK PERMIT REQUIREMENTS AND EXEMPTIONS
14.2.A Offense for Performing Earthwork without an Earthwork Permit:
It shall be unlawful to remove trees, excavate, grade, level, or otherwise disturb soil or perform any earthwork, except
where exempted, without an Earthwork Permit or an Erosion Control Plan which has been approved by the City. The
city inspector may determine that the impact of the proposed earthwork is significant to warrant a grading plan signed by
a professional engineer. When the area proposed for earthwork is located within the limits of the 100 year flood area,
approval of a separate Development Permit issued by the Flood Plain Administrator shall also be required.
14.2.B Exemptions for Certain Activities:
The following activities shall be exempt from these erosion control regulations:
(1) An individual property owner shall be exempt from obtaining an Earthwork Permit when the land is 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.
(2) The City may approve a request for exemption from installing all or any portion of the erosion control requirements
when the City inspector has determined that (a) the amount of earthwork will not cause a public erosion nuisance, or
(b) the topography and the amount of existing vegetation will prevent an offense of these erosion control regulations.
(3) The City may require installation of specific erosion control measures, even when a previous exemption request has
been approved, if it is determined by the City that a sufficient amount of soil erosion or siltation creates a public
nuisance.
. Page 1
EXHIBIT 'A'
City of Collevville. Texas
Sec. 14.3 EROSION CONTROL PLAN REQUIRED
14.3.A Objectives:
The objectives of the Erosion Control Plan are to prevent public erosion nuisances. No Earthwork Permit shall be
approved by the City until an Erosion Control Plan has been submitted which meets the following objectives:
(1) To reduce sedimentation in streams, creeks, lakes, waterways, storm drains, etc.
(2) To protect the quality of the water in the City of Colleyville.
(3) To provide, protect, and preserve wildlife habitat.
(4) To reduce the negative environmental impacts of construction activity and storm water runoff.
14.3.8 Submittal Requirements for Earthwork Permit:
It shall be the responsibility of the applicant to prepare and submit an Erosion and Sedimentation Control Plan
which shall, at a minimum, contain the following information:
(1) A site plan drawn to scale of the property where earthwork is proposed showing the property boundary, any
street right-of-way and any drainage easement.
(2) The existing drainage flow by using arrows to indicate the direction of slope.
(3) The location of any existing or proposed building footprint, if applicable.
(4) The location and type of erosion control method proposed.
(5) The location where access is gained to the property.
14.3.C Acceptable Methods of Erosion Control:
The following are the minimum acceptable methods of erosion control permitted in the City of Colleyville. All methods of
erosion control shall be installed to prevent siltation on public rights-of-way.
(1) Erosion control barriers, including the following
a. silt screen fencing installed in accordance with Figure 1.
b. sandbag sediment barrier installed in accordance with Figure 2.
c. silt collection ponds.
d. storm drain inlets - Curb inlets shall be protected with wire mesh and sand bags in accordance with the
requirements shown on Figure 3.
e. hay bale screening shall not be used as a primary silt screen barrier but may be approved by the City to
supplement other erosion control methods.
(2) Erosion control filters, including the following
a. filter berms
b. filter fencing
c. continuous block sodding at a width acceptable to the City Engineer.
(3) The City Engineer may approve an alternate method if said method meets the intent of these erosion control
regulations.
. Page 2
EXHIBIT 'A'
City of Collevville. Texas
14.3.0 Erosion Control Barrier Standards:
Where required by these regulations, there shall be an erosion control barrier constructed according to these standards,
The erosion control barrier shall be installed to a minimum height of twelve inches (12") with the base buried to protect
from washout. Said erosion control barrier shall be placed behind any curb and extend across a minimum of 66% of the
street frontage of the lot. Additional erosion control barriers may be required to provide erosion control for the entire
width of the lot where required by the City inspector, except at the access point. There shall be a four foot (4') transition
section at each end of the barrier. The erosion control barrier shall provide for a minimum of one point of access which
shall be a minimum width of ten feet (10') and a maximum width of twenty feet (20'). The access point shall have a
minimum four inch (4") thick gravel base and extend a minimum of ten feet (10') from the curb. In the absence of any
curb, the City inspector shall determine the proper location of the erosion control barrier.
14.3.E Requirements for Building Permit Applications:
All applicants for a building permit shall submit an Erosion Control Plan for approval prior to the issuance of a
building permit. No construction may commence until such time that evidence to mitigate soil erosion and
sedimentation has been approved by the City Inspector. The Erosion Control Plan shall be similar to that shown
in Figure 4.
14.3.F Requirements for New Subdivisions:
All applicants for subdivision of land shall submit to the City Engineer an Erosion Control Plan and Storm Water Pollution
Prevention Plan (SWPPP) for approval prior to the commencement of grading, tree removal, excavation, or construction
of public improvements. The Erosion Control Plan and SWPPP shall be included in the engineering construction plans
of the subdivision.
14.3.G Inspections and Time Schedule for Compliance:
(1) For Building Permit Activities - All erosion control measures shall be installed prior to the start of any earthwork
associated with a building permit. No required building inspection shall be approved by the City unless the erosion
control measures are in compliance with these erosion control regulations.
(2) For New Subdivisions - All erosion control measures shall be installed prior to final acceptance of the subdivision by
the City Engineer.
(3) As Required by the City - Erosion control measures shall be installed anytime that an offense of these erosion
control regulations is imminent.
14.3.H Re-vegetation Requirements
No erosion control measure shall be removed until the property has been replanted with vegetation and said
vegetation prevents an offense of these erosion control regulations, or upon approval by the City.
Sec.14.4 OFFENSE OF FAILNG TO COMPLY, NOTIFICATION AND STOP WORK ORDERS
14.4.A Public Erosion Nuisance Defined:
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/or public rights-of-way. An unsafe, bothersome or unsightly condition or burden
. Page 3
EXHIBIT 'A'
City of Collevville. Texas
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, including a public easement.
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. 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 these erosion control regulations.
It is not a violation of this ordinance if erosion and sedimentation occurs upon private property and is deposited
upon private property.
14.4.B Violation for Damaging Erosion Control Measures:
It shall be a violation of these regulations to remove, damage or destroy an erosion control barrier or other erosion
control measure without the approval of a city inspector or which is required for compliance with these regulations.
14.4.C Notice of Violation and Stop Work Provisions:
The City shall give written notice to the owner or agent in charge of any premises believed to be in violation of these
erosion control regulations, and provide forty-eight (48) hours to secure an Earthwork Permit and/or to correct the public
erosion nuisance and to remove the offending sedimentation.
A notice of less than forty-eight (48) hours may be given in the event that the City determines that the situation believed
to be in violation poses an immediate threat to public health, and safety.
The City is hereby authorized to issue a "stop work order" at a construction site that is in violation of these erosion control
regulations. However, no stop work order may be issued until the notice provisions of this section are fully complied with
by the City and the owner or agent of the premises has been given the amount of time allotted to correct the public
erosion nuisance and to clean up and remove the offending sedimentation,
Sec. 14.5 WAIVERS
The City Engineer may approve a waiver of a prOVIsion of these erosion control regulations where strict
adherence to these requirements will result in unnecessary hardship and not fulfill the intent of these erosion
control regulations. The owner shall submit a written request for a waiver stating the specific waiver sought and
reasons for requesting the waiver. The City Engineer shall not grant a waiver unless and until sufficient specific
reasons justifying the waiver are provided by the owner.
Sec. 14.6 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 these erosion control regulations, 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 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
. Page 4
EXHIBIT 'A'
City of Collevville. Texas
said premises, which statement shall he 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.
Sec. 14.7
ADMINISTRATION, APPROVALS, SURETY
14.7.A Effect of Approval:
It is to be understood that the approval of an Erosion and Sedimentation Control Plan by the City 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 these erosion control regulations, and all other applicable ordinance and laws.
If for any reason, after an Erosion and Sedimentation Control Plan is approved by the City, 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.
14.7.8 Disclaimer of Liability:
These erosion control regulations 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. These erosion control regulations do 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. These
erosion control regulations shall not create liability on the part of the City of Colleyville, or any officer or employee thereof,
for any flood damages, or erosion or sedimentation damages, whether to persons or property, that result from reliance
these erosion control regulations or any administrative decision lawfully made thereunder.
14.7.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 project 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.
. Page 5
EXHIBIT 'A'
City of Colle Wille. Texas
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