(a)
The following
rules and regulations governing the control of erosion and sedimentation
within the jurisdiction of the Town of Double Oak are hereby adopted
under the authority of the Constitution of Texas, and pursuant to
the general laws of the state.
(b)
Private
property owners, developers, or builders shall be accountable for
any erosion of their property or construction site which results in
measurable accumulation of sedimentation in dedicated streets and
ditches. No person shall allow an accumulation of sedimentation resulting
from erosion deeper than one inch in any street, alley or other private
property. Any person in violation hereof shall be punished as provided
hereinafter.
(c)
All persons
who own, occupy or are in control of real property within the town
limits comply with the following standards:
(1)
Maximum
use shall be made of vegetation to minimize soil loss.
(2)
Natural
vegetation should be retained wherever possible.
(3)
Where
inadequate natural vegetation exists, or where it becomes necessary
to remove existing natural vegetation, temporary controls must be
installed promptly to minimize solid loss and insure that erosion
and sedimentation does not occur.
(4)
An
erosion control plan must be submitted to the town for approval by
the building inspector or city engineer prior to actual construction.
The review and inspection fee as provided for in the fee schedule
in the appendix of this code will be due on submission.
(5)
Wastes
or disposal areas and construction should be located and constructed
in a manner that will minimize the amount of sediment entering streams
and drainage ditches.
(6)
When
work areas or material sources are located in or adjacent to live
streams, such area shall be separated from the stream by a dike or
other barrier to keep sediment from entering a flowing stream. Care
shall be taken during the construction and removal of such barriers
to minimize the sediment transport into a stream.
(7)
Should
preventive measures fail to function effectively, the applicant shall
act immediately to bring the erosion and/or siltation under control
by whatever additional means are necessary.
(8)
Rainfall
and storm water runoff shall be diverted away from construction areas
as much as possible.
(9)
Developers,
builders or owners of property shall permanently stabilize all disturbed
areas prior to final acceptance of the subdivision, project and/or
structure. Stabilization shall be accomplished through the use of
perennial vegetative cover or other permanent means, such as channel
lining, retaining wall, etc.
(Ordinance 41 adopted 11/16/97)
Permanent erosion controls shall be installed at or near the
end of the construction project when no further disturbance of the
area will occur. The purpose of these controls is to permanently minimize
soil loss by such methods as restoring ground cover, building retaining
walls for steep slopes, or reducing wave or water action by lining
channels or shorelines with gabions, jute mats, vegetation or similar
materials. Examples of typical permanent measures are vegetation cover
using perennial plants, headwalls, stilling basins, riprap, tree wells,
gabions, matting along channels, retention lakes, terracing and retaining
walls.
(Ordinance 41 adopted 11/16/97)
Temporary erosion control methods shall be used to abate sediment
runoff from construction sites. The application of control devices
can yield significant water quality and drainage benefits at a minimal
cost to the developer. The erosion control measures can be grouped
as barriers, filter devices or routing devices.
(Ordinance 41 adopted 11/16/97)
(b)
The foregoing
measures trap sediment and prevent high runoff velocities which cause
erosion. Barrier devices are illustrated in the erosion control barriers
figures. The straw bale and the sandbag sediment barriers can reduce
sediment loads significantly. A sandbag barrier is more durable and
should be used to withstand more intense storm events. Siltation berms
and check dams are not as effective for sediment removal as the other
types of barriers and operate best in storm events of limited intensity.
(Ordinance 41 adopted 11/16/97)
(a)
Filtering
methods may be used in place of barriers. Filter devices allow runoff
to pass through but retain sediment by filtration. The types of acceptable
filters available are:
(b)
Excellent
sediment removal can be achieved using a filter berm, fence or inlet.
The filter berm is constructed of rock and therefore is capable of
withstanding heavier storm events than the filter fence or filter
inlet. In general, the vegetation filter strip will operate less effectively
than the other devices.
(Ordinance 41 adopted 11/16/97)
(a)
Only
one method, the flexible downdrain, is classified strictly as a routine
device. Schematic of a downdrain is shown on file in the office of
the city secretary. The purpose of the device is to convey waters
down steep slopes or across highly erodible soils.
(b)
Some
of the methods classified under erosion control barriers can be used
as routing devices to protect erodible areas. Sandbag sediment barriers
and straw bale sediment barriers are both suitable for this purpose.
(c)
A routing
device is an erosion prevention tool that can eliminate erosion problems
on steep slopes and other critical areas. It is not deigned to capture
any solids already moving with the water.
(Ordinance 41 adopted 11/16/97)
(a)
Erosion
from construction sites can be a significant water quality problem.
Developing areas are cleared of vegetation during construction, leaving
the soil exposed and susceptible to erosion. Runoff then transports
eroded sediment from these areas and deposits it downstream. The accumulation
of silt in streams and ponds is a form of water pollution that is
unattractive and impedes drainage. No person shall cause, suffer,
allow or permit an excessive accumulation of silt, sediment or soil
in any stream or pond which originates on property owned or controlled
by that person where such accumulation is caused by erosion.
(b)
Prevention
is a key aspect of erosion control. Many of the control methods presented
herein can be placed in a manner that will protect highly erodible
areas, such as steep slopes. The prevention of erosion requires prior
planning to ascertain the placement of selected control methods. The
rewards of this planning will be a significant reduction in soil loss.
Not only can soil loss be prevented, but eroded soil can be recovered
on the construction site and used for fill.
(c)
The particulate
material in construction site runoff is generally heavier and larger
than particulate material in urban runoff. These attributes facilitate
the removal of the material whether the removal is by settling in
a sediment trap or by filtration through a filter fence. Temporary
sediment traps, filters and routing devices can effectively control
erosion for construction sites if properly applied. These methods
are used in an effort to control temporary increases in sediment loads.
(d)
A quantifiable
assessment of performance is difficult because the nature of erosion
control is more preventative than corrective. A rough assessment of
performance can be conducted by comparing the soil loss from a site
with controls to the loss from a comparable site without controls.
(Ordinance 41 adopted 11/16/97)
(a)
Sediment
traps and flexible drains are flow collection devices that will require
hydraulic design. An estimate of the peak design flow rate and runoff
volume is necessary for proper sizing of these management methods.
Runoff volume and peak flow are calculated based on the design storm.
Design storms for temporary erosion control structures shall be based
on the ten year return frequency.
(b)
The design
storm frequency for construction sites should consider several factors,
including:
(Ordinance 41 adopted 11/16/97)
(a)
The town
shall have a right of entry onto property to conduct such inspections
as may be necessary to confirm that proper and effective erosion control
measures have been constructed, implemented and installed. It shall
be a violation of this article for any person to refuse such entry
or to fail to call for such inspection in a timely manner. An inspection
fee as set forth in the fee schedule in the appendix of this code
shall be paid by the property owner or developer for each lot or tract
of real property upon which a structure is to be built prior to the
commencement of construction.
(b)
Should
proper erosion controls not be implemented, or should such controls
fail or become inoperative, the town shall notify the person, owner,
builder or developer of the violation in writing. The person, owner,
builder or developer shall begin correcting the problem within five
(5) days after delivery of written notice. Should the person, owner,
builder or developer fail to commence and implement corrective measures
within this five (5) day period, the town may, in addition to any
other remedies provided by law, revoke the development permit, building
permit, certificate of occupancy or withhold the issuance of any of
the foregoing or the issuance of final acceptance.
(c)
Any person
violating any of the provisions of this article shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be fined in a sum
in accordance with the general penalty provision set forth in Section
1.109 of this code. Each separate offense may be punished separately
and each day during which such violation occurs or continues shall
be deemed to constitute a separate offense.
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(Ordinance 41 adopted 11/16/97; Ordinance 12-09 adopted 10/15/12)
