This article is hereby adopted and shall be known as the erosion and sedimentation control ordinance of the city.
(2002 Code, sec. 10.901)
This article establishes the minimum performance standards necessary to protect against erosion and sedimentation accumulation within the city and to establish public and private responsibilities for providing this protection. It is the intent of this article 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 under this article to design and implement erosion and sedimentation control measures which meet the performance standards contained in this article. Further, it is the purpose of this article to:
(1)
Protect human life, health and property;
(2)
Minimize expenditures of public money for cleaning sediment out of streets, sidewalks, storm drains and watercourses;
(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;
(5)
Establish a reasonable standard of performance by which erosion and sediment control measures may be judged; and
(6)
Prevent the pollution of streams, ponds, and other watercourses by sediment.
(2002 Code, sec. 10.902)
The provisions of this article apply to:
(1)
Any person, firm, corporation, business or entity currently or proposing to develop land or improve property within the city or who owns, possesses, is in custody of or exercises control of property within the city;
(2)
Any land development, construction to individual building structures, subdivisions, excavations and fill operations, all development and all other similar development activities; and
(3)
All real property within the city.
(2002 Code, sec. 10.903)
(a)
Responsibilities of director of public works.
The director of public works is hereby appointed to administer and implement this article. The duties of the director of public works or his/her designee shall include but not be limited to:
(1)
Inspecting sites to determine compliance with this article.
(2)
Determining if a stop work order shall be issued and, if so, when the stop work order shall be removed from the project or construction and work allowed to commence or recommence.
(3)
Determine if abatement by the city is necessary and cause same to be executed.
(b)
Responsibilities of owners.
The owner, builder, developer, tenant or any other person, firm, corporation or business who owns, possesses, is in custody of or exercises control of property shall be responsible for any silt, mud, sand or similar debris transported from the property by drainage. The intent of this article 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 continue such preventive measures during the construction and development of the property. Additionally, all persons, firms, corporations or businesses 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 article.
(2002 Code, sec. 10.904)
(a)
General requirements.
(1)
In addition to other requirements of city ordinances or design standards of the city, all applicants for subdivision of land, site development or construction of any improvement or structure shall comply with the following requirements:
(A)
Submit to the director of public works an erosion and sedimentation control plan for approval prior to the commencement of construction.
(B)
Earthen slopes shall be no steeper than 3:1 (horizontal/vertical).
(C)
Any slope steeper than 3:1 shall be stabilized by appropriate means such as erosion control mat, rock, or concrete rip-rap, retaining walls, etc., subject to approval by the director of public works. All slope stabilization requirements shall be made part of the construction plans.
(D)
The flow line of all new or disturbed drainage ditches or swales shall be, at a minimum, lined with erosion control mat. Velocity or quantity of flow may necessitate additional protective measures.
(E)
All new or disturbed public properties, including parkways, drainage ditches and rights-of-way, shall be vegetated by seed, hydro-mulch, sod or other means. These public areas shall be watered and maintained as necessary to establish permanent vegetative growth of approximately two (2) inches in height over seventy percent (70%) of the area.
(2)
Within twenty-four (24) hours of a rainfall event, the party responsible for maintenance of erosion control devices will inspect the project site to determine the condition and effectiveness of control devices. If necessary, sediment will be removed and control devices repaired as soon as possible. Any control devices ineffective shall be replaced with more suitable devices.
(b)
Plan requirements.
All erosion and sedimentation control plans shall be required to contain the following:
(1)
The size of erosion or sediment areas to the greatest extent possible and to reduce or minimize such disturbed area.
(2)
Stabilize any areas as soon as possible.
(3)
For construction activities in waterways, the following additional requirements must be met:
(A)
At the end of each workday, the contractor shall remove all loose excavated material from all channels.
(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. Flooding potential should be considered when locating the control measures.
(C)
Suitable erosion controls shall be placed to prevent channel erosion or sediment from entering the channel.
(D)
Temporary channel crossings may be installed to facilitate construction. Such crossings must accommodate flow of the channel and provide for erosion control measures.
(4)
Controls are required to intercept silt from all disturbed areas.
(5)
Keep the velocities of stormwater runoff below the erosion level.
(6)
Protect steep areas and areas disturbed by development activity from upstream runoff.
(7)
Filter or detain stormwater runoff.
(8)
Reduce the concentration of stormwater runoff and promote sheet flow to the greatest extent possible.
(9)
Re-vegetate all disturbed areas with a rapid, vigorous growth of long-term vegetation as soon as possible.
(10)
Provide sedimentation and/or filtration ponds to maintain and improve water quality.
(11)
Erosion control plans should be phased to accommodate changes in drainage patterns that occur during development.
(12)
Reduce the silt leaving a construction site on the wheels of construction vehicles by providing vehicle washing areas and/or stabilized construction entrances and exits.
(13)
Preserve and protect existing vegetation to the greatest extent possible.
(14)
Planning should consider the natural topography and soil conditions in an attempt to limit the erosion potential.
(15)
Install temporary filtration measures at storm drain inlets.
(c)
Effect of approval of plan.
(1)
It is to be understood that the approval of an erosion and sedimentation control plan by the department of public works does not constitute 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 measures required by the plan will be sufficient to prevent future public erosion nuisance, and the city waives no rights to pursue any legal remedies, both under this article and all other applicable ordinances and laws.
(2)
If for any reason, after an erosion and sedimentation control plan is approved by the department of public works, a public erosion nuisance occurs on property addressed by said plan, the approval of said plan shall not be a defense or bar to prosecution under this article.
(d)
Construction or building activity on single lot or tract.
Any construction or building activity occurring on single lots or tracts, including home construction, home additions, commercial construction or any excavation or fill operations which will disturb lands and expose soils to possible erosion onto public properties or rights-of-way, shall comply with the following requirements:
(1)
At a minimum, erosion control devices such as silt fences, hay bales, dikes, etc., must be installed at the perimeter of properties where erosion onto public lands or waterways is possible. Additional measures may be required depending on the character of the property. Any control measures must be shown on a site layout as part of construction plans or on the required building permit application.
(2)
Within 24 hours of a rainfall event, the party responsible for maintenance of erosion control devices will inspect the project site to determine the condition and effectiveness of control devices. If necessary, sediment will be removed and control devices repaired as soon as possible. Any control devices deemed ineffective shall be replaced with more suitable devices.
(3)
Where property adjacent to public land slopes toward said public lands on a steeper grade than 3:1 (horizontal/vertical), permanent slope stabilization measures shall be taken, [such as] retaining walls, rock or concrete rip-rap, etc.
The approval of construction plans or a building permit does not constitute a recognition by the city that any or all erosion nuisances will be prevented. Failure to address erosion control on any construction plans or building permit does not relieve the applicant of responsibility to comply with the requirements of this article. Additionally, approval of plans or a permit by the city shall not be a defense to or bar to prosecution under this article. |
(e)
Disclaimer of liability.
The planning considerations given in this article 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 article does not imply that erosion and sedimentation controls will survive inundation by runoff from storms or that land below such controls will be absolutely free from flooding or flood damages. This article shall not create liability on the part of the city, or any officer or employee thereof, for any flood damages or erosion or sedimentation damages, whether to persons or property, that result from reliance on this article or any administrative decision lawfully made thereunder. This article is not sought to be a substitute to other federal, state and local laws and regulations concerning drainage and flood control.
(f)
Stop work orders.
All development, improvement and construction on any land which is in violation of the provisions of this article may be halted and stopped by order of the director of public works. No stop work order may be issued until the notice provisions of this article are fully complied with by the city and the owner or agent of the premises is given a reasonable time period to correct the public erosion nuisance and to clean up and remove the offending burdensome sedimentation.
(2002 Code, sec. 10.905)
(a)
Prohibited.
(1)
It shall be unlawful for any person, firm, corporation or business which owns, possesses, is in custody of or exercises control of property to fail to prevent a public erosion nuisance from originating on said property.
(2)
A public erosion nuisance is a situation in which erosion of or sediment from one (1) location is causing a bothersome or unsightly condition on public property and/or public rights-of-way.
(3)
A bothersome or unsightly condition or burden includes silt, mud or similar debris originating on one (1) property but being deposited onto a second off-site property which is public property or a public right-of-way from which the city may have to remove or clean up the deposit due to liability, statutory, aesthetic, drainage or property concerns. Examples include but are not limited to:
(b)
Notice.
It shall be the duty of the director of public works or his/her designee to give forty-eight (48) hours' notice in writing to the owner or agent in charge of any premises believed to be in violation of this article to correct the public erosion nuisance and to clean up and remove the offending and burdensome sedimentation. However, in the event that the director of public works decides that the situation believed to be in violation of this article poses a substantial and immediate threat to the public health, safety and welfare of the city, the director of public works may give such notice as he/she deems is necessary and appropriate, given the existing circumstances and conditions, even though said notice is less than forty-eight (48) hours.
(2002 Code, sec. 10.906)
(a)
Any person, firm, corporation or business violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a penalty or fine in accordance with the general penalty provision found in section 1.01.009 of this code for each offense. Each and every day such offense is continued shall constitute a new and separate offense. In addition, the violator shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation, and the city shall have the right to institute an action in district court to enjoin the violation of any provision of this article, in addition to the criminal and administrative penalties contained herein, and the district court shall have the power to grant any and all types of injunctive relief in such cases.
(2002 Code, sec. 10.907)
(a)
An erosion and sedimentation nuisance or violation will generally consist of two problems: (i) a failure on private property to stabilize soils against erosion; and (ii) subsequent sedimentation onto public property causing unsightly or bothersome situations. The city shall have the right, as set forth in this section, to remedy either or both problems, and require the responsible party to pay the cost incurred.
(1)
When deemed necessary by the director of public works and upon expiration of the notice period required in section 16.03.006(b), if action has not begun by the party responsible for the violation, the city may take action to remove or clean up bothersome sedimentation on public property. The cost incurred will be billed to the responsible party and payment due within thirty (30) days of the mailing of such statement. This action by the city is in addition to the fines that may be levied for such violation. It should also be understood that the condition of the private property that failed to prevent the erosion might still constitute a violation of this article.
(2)
In the event that the party responsible for a violation shall fail to make his/her private property, or property within their control, comply with this article, or begin action to cause compliance within the notice period provided for herein, the director of public works, or his/her designee, may take action for abatement on said private property by the city. Additional notice shall be given to the owner by letter, addressed to him/her at the address shown on the last approved tax rolls of the city or at the last known address. In the alternative, the city may notify the owner by publication in the city's official newspaper on two (2) occasions. 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 article. 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 mailing thereof.
(b)
In the event said statement has not been paid within thirty (30) days, the city manager may file a statement with the 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 expense is incurred in accordance with the provisions of section 342.007 of Vernon's Annotated Health and Safety Code, together with ten percent (10%) [interest] on the delinquent amount from the date such payment is due. The lien shall be second only to tax liens and liens for street improvements. For such an expenditure and interest 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 copy thereof, shall be prima facie proof of the amount expended in any such work performed by the city.
(2002 Code, sec. 10.908)