The intent of this article is to prevent erosion nuisances within
the Town.
(Ordinance 1907 adopted 1/28/13)
The provisions of this article apply to any person, firm, corporation,
or business, who owns, possesses, is in custody of, or exercises control
over property within the Town. In this article, said person, firm,
corporation, or business, shall be referred to individually and/or
collectively as an “owner.”
(Ordinance 1907 adopted 1/28/13)
An erosion nuisance is a situation in which erosion of, or sediment
from, one owner’s property causes damage to a public property
and/or a public right-of-way. Such a situation includes, but is not
limited to, dirt, silt, sand, mud, rocks, or similar debris originating
from an owner’s property being transported off of and from owner’s
property by drainage and being deposited onto said public property
and/or a public right-of-way.
(Ordinance 1907 adopted 1/28/13)
Besides this article, the Town has other ordinances, regulations,
and specifications possibly affecting erosion and sedimentation control.
In the event of a conflict between this article and any other ordinances
of the Town, the most restrictive provisions shall govern.
(Ordinance 1907 adopted 1/28/13)
An owner shall be responsible for any dirt, silt, sand, mud,
rocks or similar debris transported off of and from an owner’s
property by drainage of any kind. In this article, said dirt, silt,
sand, mud, rocks or similar debris shall be referred to individually
and/or collectively as “sediment.”
(Ordinance 1907 adopted 1/28/13)
It shall be unlawful for an owner to fail to prevent an erosion
nuisance from occurring on and/or originating from an owner’s
property.
(Ordinance 1907 adopted 1/28/13)
The Town Council may grant a written variance from the requirement
of the standards and specifications of this article if strict adherence
to the requirements will result in unnecessary hardship and not fulfill
the intent of this article. In that regard, an owner shall submit
a written request for a variance to the Town. The request shall state
the specific variance sought and the basis for said request.
(Ordinance 1907 adopted 1/28/13)
(a)
It
shall be the duty of the Town Engineer or his designee to give forty-eight
(48) hours notice, in writing to an owner or an agent in charge of
any property believed to be in violation of this article:
(b)
In
the event that the Town Engineer discovers a situation that is in
violation of this article and poses a substantial and immediate threat
to public health, safety, environment and welfare of the Town, the
Town Engineer may give notice of said violation to an owner or agent
in charge of said property and which provides less than forty-eight
(48) hours for said owner or agent:
(Ordinance 1907 adopted 1/28/13)
(a)
In instances where an owner’s land disturbing activities are in violation of the provisions of this article, the Town Engineer shall have the right to halt and to stop said unlawful activities by any reasonable means including, but not limited to, issuing a “stop-work order.” In instances where section 3.16.008(b) above is inapplicable, the Town Engineer shall not issue such a stop-work order unless and until:
(1)
The Town Engineer or his designee fully satisfies the notice provisions of section 3.16.008(a) above; and
(2)
The owner or agent of the property fails to perform the necessary,
corrective measures within said 48 hours.
(b)
In
addition, or in the alternative, the Town has the right, but not the
obligation, to take such reasonable steps to abate such unlawful activities.
When this occurs, the Town Engineer, or his designee, shall then notify
said owner in writing of the Town’s actions and shall also submit
a statement of the cost incurred by the Town to abate such condition.
The owner shall pay the amount of the statement to the Town within
thirty (30) days of the date of his/her receipt.
(Ordinance 1907 adopted 1/28/13)
The Town Engineer is hereby appointed to administer and implement
this article. The duties of the Town Engineer or his designee shall
include, but not limited to:
(1)
Inspecting
properties to determine compliance with this article;
(2)
In
instances where construction activity occurs on a property, determine
if appropriate permits have been obtained and approved plans and standards
are being practiced; and
(3)
In
instances where an erosion nuisance exists on property where construction
activity occurs, determine if a stop-work order shall issue, and if
so, the conditions under which the Town Engineer shall withdraw said
stop-work order and thereby permit said construction activity to recommence.
(Ordinance 1907 adopted 1/28/13)
(a)
In
instances where an owner or an agent in charge of any property seeks
to conduct and/or to perform work which will necessarily involve land
disturbing activities including, but not limited to, excavation, grading,
demolition, drainage work, and/or stock piling of unprotected soil(s)
and sand(s) within the Town (as determined by the Town’s Building
Inspection Department), prior to the commencement of said work, the
owner or agent shall first submit to the Town Engineer for review
an erosion and/or sedimentation control plan. The Town Engineer or
his designee will review each proposed plan to determine its conformance
with the provisions of the regulation. Within ten (10) business days
after receiving a proposed plan, the Town Engineer shall, in writing:
(1)
Approve the proposed plan, and issue a permit for said work;
(2)
Approve the proposed plan subject to and under the reasonable conditions
as may be necessary to secure substantially the objectives of this
regulation, and issue the permit for said work subject to those conditions;
or
(3)
Disapprove the proposed plan, with the reason(s) for same, and also
include the necessary items, procedures and/or conditions for the
applicant to cover and/or to satisfy in a revised, proposed plan.
(b)
For subsection (a)(2) above, and where the Town Engineer conditions the approval of a proposed plan on the installation of certain sediment control devices, no grading or construction at or on the property shall begin until the approved sediment control devices are installed, inspected, and approved by the Town Engineer or his designee.
(c)
The
applicant shall conduct all land disturbing activities in strict accordance
with the applicant’s approved plan.
(d)
By
approval of the plan, should it in fact occur, neither the Town nor
the Town Engineer stipulates or warrants that the proposed controls
will be sufficient to prevent adverse impacts onto private or public
properties. Accordingly, the Town shall not be deemed to waive, in
whole or in part, its rights to pursue its legal remedies in order
to prevent or to stop erosion nuisances, both under this article,
and all other applicable ordinances and laws.
(Ordinance 1907 adopted 1/28/13)
All applicants must sign an acknowledgment, on the attached
form marked exhibit A to Ordinance 1907, indicating that they have
reviewed and fully understood the Town’s prescribed methods
for eliminating and/or reducing erosion nuisances.
(Ordinance 1907 adopted 1/28/13)
When reviewing, disapproving and/or approving an applicant’s
proposed plan, the engineering department shall use the following
standards:
(1)
Whether
the applicant’s erosion and sediment control measures necessarily
meet the objectives of this regulation throughout all phases of construction
or land disturbance activities and after completion of the proposed
work; and
(2)
Whether
the applicant’s grading, erosion control measures and practices,
sediment control measures and practices, and waterways protections
meet design criteria set forth in the most recent version of the North
Central Texas Council of Governments (NCTCOG) Best Management Practices
(BMP) manual and shall be adequate to prevent transportation of sediment
from the site.
(Ordinance 1907 adopted 1/28/13)
Nothing in this article or in this code shall create liability
on the part of the Town, or any officer or employee thereof, for any
flood damages, or erosion or sedimentation damages, whether to persons,
environment or property, that result from reliance on this article
or any administrative decision lawfully made hereunder.
(Ordinance 1907 adopted 1/28/13)
