(a) 
During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes. In addition, clearing and grading during construction cause the loss of native vegetation necessary for terrestrial and aquatic habitat.
(b) 
As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment in the town. This article will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the town.
(Ordinance 504 adopted 10/26/09; 2006 Code, sec. 13.1301)
For the purposes of this article, the following shall mean:
Best management practices (BMPs).
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
Clean Water Act.
The Federal Water Pollution Control Act (33 U.S.C. section 1251 et seq.), and any subsequent amendments thereto.
Clearing.
Any activity that removes the vegetative surface cover.
Construction activity.
Activities subject to NPDES construction permits. Currently these include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
Drainage way.
Any channel that conveys surface runoff throughout the site.
Erosion and sediment control contractor.
A person who has received training to inspect and maintain erosion and sediment control practices.
Erosion and sediment control plan.
A plan indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
Erosion control.
A measure that prevents erosion.
Graded areas.
Areas that have been disturbed by grading or other construction activity.
Grading.
Excavation or fill of material, including the resulting conditions thereof.
Grading permit.
A permit issued by the municipality for excavation, fill, or alteration of the ground.
Grading plan.
A set of plans prepared by or under the direction of a licensed professional engineer that show existing ground and finished grade elevations.
Non-stormwater discharge.
Any discharge to the storm drain system that is not composed entirely of stormwater.
Perimeter control.
A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
Person.
Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.
Phasing.
Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
Premises.
Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
Sediment control.
Measures that prevent eroded sediment from leaving the site.
Site.
A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
Site development official.
Employees or designees of the town designated to enforce this article. The site development official shall be appointed by the town manager.
Stabilization.
The use of practices that prevent exposed soil from eroding.
Start of construction.
The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
Storm drainage system.
Publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
Stormwater.
Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
Stormwater pollution prevention plan (SWPPP).
A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. The SWPPP includes the grading plan and the erosion and sediment control plan.
Texas Pollutant Discharge Elimination System (NPDES) stormwater discharge permit.
A permit issued by the state commission on environmental quality that authorizes the discharge of pollutants within the state to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
Watercourse.
Any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water delineated by the town.
Waterway.
A channel that directs surface runoff to a watercourse or to the public storm drain.
(Ordinance 504 adopted 10/26/09; 2006 Code, sec. 13.1302)
(a) 
A grading permit is required for any construction activity or project where it:
(1) 
Disturbs more than 2,500 square feet of land;
(2) 
Blocks existing drainage patterns; or
(3) 
Removes or adds more than 18 inches of soil.
(b) 
No person shall be granted a grading permit for land-disturbing activity that would require the uncovering of 10,000 or more square feet without the approval of a grading plan and an erosion and sediment control plan by the site development official.
(c) 
No person shall be granted a grading permit for land-disturbing activity that would require the uncovering of 43,560 or more square feet without the approval by the site development official of a grading plan, erosion and sediment control plan, and stormwater pollution prevention plan.
(d) 
No grading permit is required for the following activities:
(1) 
Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
(2) 
Existing nursery and agricultural operations conducted as a permitted main or accessory use.
(3) 
Installation of pipelines, cables or other similar utilities where the width of the area being disturbed is less than four feet.
(e) 
Each application shall bear the name(s) and address of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant’s principal contact at such firm and shall be accompanied by a filing fee.
(f) 
Each application for land-disturbing activity that would require the uncovering of 10,000 or more square feet shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the erosion and sediment control plan. For grading permits for areas one acre and larger the statement shall include a statement that an erosion and sediment control contractor shall be on-site on all days when construction or grading activity takes place.
(g) 
For land-disturbing activity that would require the uncovering of 10,000 or more square feet, the applicant will be required to file with the town a maintenance bond, letter of credit, or other improvement security in an amount deemed sufficient by site development official to cover all costs of improvements, landscaping, maintenance of improvements, engineering and inspection costs, and the cost of failure or repair of improvements installed on the site for a period of two years from the date the site grading is completed and final erosion and sedimentation control measures have been constructed or installed.
(Ordinance 504 adopted 10/26/09; 2006 Code, sec. 13.1303)
(a) 
Grading plans must provide the information described below and meet the following requirements:
(1) 
Minimum scale of 1 inch = 50 feet.
(2) 
Minimum plan size is 22 inches by 34 inches.
(3) 
A registered professional land surveyor, licensed architect, or licensed professional civil engineer is required to prepare and seal the plans.
(4) 
Vicinity map and north arrow.
(5) 
Existing contours of the land (topography) at one- or two-foot intervals.
(6) 
Proposed contours of the land at one- or two-foot intervals and spot elevations as needed. Finished grade slopes (V:H) for grades over 15%. Flow line grade (%) for swales and ditches.
(7) 
House location, address lot and block number and subdivision.
(8) 
Limits of clearing and grading.
(9) 
Siltation and erosion control measures.
(10) 
Easements (existing and proposed; for existing easements, provide deed book and page number).
(11) 
Property lines with bearing and distance.
(12) 
Proposed construction entrance and access road. Distance from structure corners to property lines (setback information).
(13) 
Elevation of first floor, basement, garage, and driveway profile as applicable.
(14) 
Floodplain limits, if present.
(15) 
Signature and seal of the licensed professional (land surveyor, engineer, or architect).
(b) 
Two printed copies of the grading plan and one Adobe Portable Documents Format (PDF) copy of the plan shall be submitted to the site development official with the grading permit application. Five printed copies and one PDF copy of the approved grading plan shall be submitted before the grading permit is issued.
(Ordinance 504 adopted 10/26/09; 2006 Code, sec. 13.1304)
(a) 
The erosion and sediment control plan shall provide the information described below and meet the following requirements:
(1) 
Minimum scale of 1 inch = 100 feet.
(2) 
Minimum plan size is 22 inches by 34 inches.
(3) 
Vicinity map and north arrow.
(4) 
Existing contours of the land (topography) at one- or two-foot intervals.
(5) 
Proposed contours of the land at one- or two-foot intervals and spot elevations as needed. Finished grade slopes (V:H) for grades over 15%.
(6) 
House location, address lot and block number and subdivision.
(7) 
Limits of clearing and grading.
(8) 
Property lines with bearing and distance.
(9) 
Proposed construction entrance and access road. Distance from structure corners to property lines (setback information).
(10) 
A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
(11) 
All erosion and sediment control measures necessary to meet the objectives of this regulation throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.
(12) 
Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
(13) 
Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.
(b) 
Modifications to the plan shall be processed and approved or disapproved in the same manner as section 4.18.008 of this regulation, may be authorized by the site development official by written authorization to the permittee, and shall include:
(1) 
Major amendments of the erosion and sediment control plan submitted to the site development official.
(2) 
Field modifications of a minor nature.
(Ordinance 504 adopted 10/26/09; 2006 Code, sec. 13.1305)
(a) 
A stormwater pollution prevention plan shall be prepared and submitted for any land-disturbing activity that would require the uncovering of 43,560 or more square feet. The SWPPP shall be prepared and monitored by a certified professional in erosion and sediment control, qualified licensed professional engineer, or qualified landscape architect.
(b) 
The contents of the SWPPP shall be as described in the NCTCOG Integrated Stormwater Management–Design Manual for Construction.
(c) 
The completed plan shall be submitted for review and approval to the site development official.
(d) 
Copies of all notices and reports required by TCEQ shall be filed with the site development official.
(Ordinance 504 adopted 10/26/09; 2006 Code, sec. 13.1306)
(a) 
The Integrated Stormwater Management–Design Manual for Construction (ISWM construction manual) and all appendices thereto, as prepared by the North Central Texas Council of Governments, is hereby incorporated by reference as a part of this article. Where the ISWM construction manual uses the terms “should be,” “might be,” or “may be” they shall be changed to read “shall be” unless otherwise determined by the site development official. Similarly, “should” shall be changed to read “shall” and “recommended” changed to read “required.” Where there is a conflict or difference between the text of this article and the ISWM construction manual, the more stringent requirement shall be met.
(b) 
Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the ISWM construction manual, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the site development official. Cut and fill slopes shall be no greater than 4:1, except as approved by the site development official to meet other community or environmental objectives.
(c) 
Clearing and grading of natural resources, such as wooded areas and wetlands, shall not be permitted, except when in compliance with all other chapters of this code. Clearing techniques that retain natural vegetation and drainage patterns, as described in the ISWM construction manual, shall be used to the satisfaction of the site development official.
(d) 
Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
(e) 
Phasing shall be required on all sites disturbing greater than 30 acres, with the size of each phase to be established at plan review and as approved by the site development official.
(f) 
At least six inches of topsoil shall be removed from the areas to be excavated or filled and stored for use as final cover for the graded area.
(g) 
Erosion control requirements shall include the following:
(1) 
Soil stabilization shall be completed within five days of clearing or inactivity in construction.
(2) 
If seeding or another vegetative erosion control method is used, it shall become established within two weeks or the site development official may require the site to be reseeded or a nonvegetative option employed.
(3) 
Special techniques that meet the design criteria outlined in the ISWM construction manual on slopes steeper than 6:1 or in drainage ways shall be used to ensure stabilization.
(4) 
Soil stockpiles must be stabilized or covered at the end of each workday.
(5) 
The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of construction.
(6) 
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
(7) 
Techniques that divert upland runoff past disturbed slopes shall be employed.
(h) 
Sediment controls requirements shall include:
(1) 
Settling basins, sediment traps, or tanks and perimeter controls.
(2) 
Settling basins that are designed in a manner that allows adaptation to provide long-term stormwater management, if required by the site development official.
(3) 
Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.
(i) 
Waterway and watercourse protection requirements shall include:
(1) 
A temporary stream crossing installed and approved by the site development official if a wet watercourse will be crossed regularly during construction.
(2) 
Stabilization of the watercourse channel before, during, and after any in-channel work.
(3) 
All on-site stormwater conveyance channels designed according to the criteria outlined in the ISWM construction manual.
(4) 
Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels.
(j) 
Construction site access requirements shall include:
(1) 
A temporary access road provided at all sites.
(2) 
Other measures required by the site development official in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains.
(k) 
Revegetation of and placement of permanent erosion control measures on the completed graded area is required and shall include the following:
(1) 
Placing topsoil.
Placing six inches of topsoil on top of the completed graded area. Topsoil shall be placed on all graded areas within seven days of the completion of any graded area larger than 1,000 square feet.
(2) 
Establishing grass cover.
The graded areas shall be seeded according to item 164 of the state department of transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges (TxDOT specifications) with the seed mix and application rates as specified therein for clay soils in the Dallas area (district 18). Seed mixes shall be selected according to the date of the seeding operation. If “temporary seeding” is used, the graded areas shall be subsequently reseeded with a “permanent mix.” The graded areas shall be seeded within seven days of the placement of topsoil.
(3) 
Guaranteed grass coverage.
If, after eight weeks from the date the graded areas are seeded, a satisfactory stand of grass has not been produced, the graded area or unsatisfactory portions thereof shall immediately be renovated and reseeded. A satisfactory stand of grass is defined as a graded area or section of graded area that has:
(A) 
No bare spots larger than 3 square feet;
(B) 
Not more than 10 percent of total area with bare spots larger than one square foot;
(C) 
Not more than 15 percent of total area with bare spots larger than 6 inches square.
The coverage guarantee shall apply to both temporary and permanent seeding. All seeding shall be guaranteed and grass coverage shall be guaranteed for a period of two years from the date the graded area has been covered with topsoil and seeded (the “completion date”) or from the date of the notice of termination (NOT) filed with TCEQ, whichever is later.
(4) 
Fertilizer.
Fertilizer shall be spread on all seeded areas according to item 166 of the TxDOT specifications.
(5) 
Soil retention blankets and liners.
Soil retention blankets and liners shall be installed according to item 169 of the TxDOT specifications. Class 1 slope protection is required on all slopes that are steeper than 6:1. Class 2 flexible channel liners are required on all ditches or swales where the calculated velocity for a 100-year storm event exceeds 6 feet per second and where there is evidence of erosion within two years from the completion date. Slope protection and flexible channel liners shall be installed as recommended by the manufacturer. Flexible channel liners shall be selected as recommended by the manufacturer according to the calculated maximum stormwater velocity.
(6) 
Restoration of eroded areas.
Within the two-year warranty period, all eroded areas shall be repaired. Eroded areas and ruts shall be filled with topsoil, the appropriate soil retention blanket and liner installed or reinstalled and the area reseeded.
(Ordinance 504 adopted 10/26/09; 2006 Code, sec. 13.1307)
(a) 
Procedure.
(1) 
The site development official will review each application for a grading permit to determine its conformance with the provisions of this regulation. Within 30 days after receiving an application, the site development official shall, in writing:
(A) 
Approve the permit application;
(B) 
Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or
(C) 
Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission.
(2) 
Failure of the site development official to act on an original or revised application within 30 days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the town. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the site development official.
(b) 
Review and permit fees.
Fees for review of grading plans and issuing grading permits shall be as set from time to time by the town council.
(Ordinance 504 adopted 10/26/09; 2006 Code, sec. 13.1308)
(a) 
The site development official or designated agent shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the erosion and sediment control plan and/or SWPPP as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the site development official shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the site development official at least two working days before the following:
(1) 
Start of construction.
(2) 
Installation of sediment and erosion measures.
(3) 
Completion of site clearing.
(4) 
Completion of rough grading.
(5) 
Completion of final grading.
(6) 
Close of the construction season.
(7) 
Completion of final landscaping.
(b) 
The permittee or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan and/or SWPPP. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the site development official at the time interval specified in the approved permit.
(c) 
The site development official or designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under the SWPPP if applicable.
(Ordinance 504 adopted 10/26/09; 2006 Code, sec. 13.1309)
(a) 
Stop-work order; revocation of permit.
In the event that any person holding a site development permit pursuant to this article violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the site development official may suspend or revoke the grading permit.
(b) 
Violations; penalty.
No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this article. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this article is committed, continued, or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this article shall be required to bear the expense of such restoration.
(Ordinance 504 adopted 10/26/09; 2006 Code, sec. 13.1310; Ordinance adopting 2021 Code)