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.
As a result, the purpose of this local regulation is to safeguard
persons, protect property, and prevent damage to the environment in
the city. 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 city.
(Ordinance 2011-46 adopted 12/12/11)
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Activity that causes excess sediment laden water, concrete
sawing wash water, wash water or drilling mud pumped from an excavation
or structure and shall be treated as sediment laden run off for erosion
control purposes.
The building official for the city or his/her designee.
Construction activities that require a building permit.
The director of development services for the city or his/her
designee.
A site plan with necessary details, showing the property
where land-disturbing activity will take place and showing the locations
and types of devices, procedures and practices to be used to control
erosion and sedimentation.
Completion of a project, site or building in accordance with
city requirements and ordinances. In the case of a building, a certificate
of occupancy is issued.
Also known as earthwork, land disturbance or disturbance
of land shall be defined as any construction or other activity caused
by a person, which disturbs the surface of the land, including, but
not limited to, clearing, grubbing, grading, excavations, embankments,
development and/or the moving, depositing, stockpiling or storing
of soil, rock or earth materials. Land disturbance shall not mean
agricultural plowing or tilling, timber harvesting activities, road
maintenance activities, routine channel maintenance nor utility maintenance.
The city’s erosion and sediment control manual, as
amended from time to time and incorporated into this ordinance for
all intents and purposes. A current copy of the manual shall be kept
on file in the office of development services.
A source of earth fill material used in the construction
of embankments or other earth fill structures, that is located on
another parcel of property other than where the principal construction
is occurring.
Deposit of soil material beyond the limits of the property
undergoing land-disturbing activity or in city streets, alleys or
drainage facilities in an amount sufficient to constitute a threat
to public safety and comfort.
An area on another parcel of property, other than where the
principal construction is occurring, where excess earth, rock or construction
material is disposed of.
Devices or practices installed prior to final approval and
maintained after final approval to prevent or minimize the erosion
and deposit of soil materials. Such devices may include, but shall
not be limited to, permanent seeding, sod, storm drain channels, channel
linings, storm drain pipes, outlet velocity control structures and
stormwater detention structures.
Permanent vegetative cover on all bare soil areas of a property
not covered by a permanent structure or landscaping improvements,
including but not limited to, live sod, perennial grasses or other
materials which lessen runoff and soil erosion on the property.
Use or inhabitation of a single structure or other portion
of a project as such structure or portion thereof is completed, but
before the project as a whole is fully completed and finally approved
by the city.
Includes the property where the principal land-disturbing
activity is taking place, all adjacent property, off-site borrow areas,
off-site spoil areas, off-site properties necessary for required utility
extensions, and off-site areas for required street improvements.
A business entity, franchised utility company, developer,
property owner, contractor or holder of a building permit who is required
to comply with the terms of this article.
An on-site or off-site location used by a contractor to store
materials for a project, to assemble portions of equipment or structures,
to store equipment or machinery, to park vehicles, or for other construction
related uses.
The suspension of all city permits with no approvals or inspections
of work for the site or project being performed.
Devices installed or practices implemented and maintained
during land-disturbing activities to prevent, minimize or control
the erosion and deposit of soil materials.
(Ordinance 2011-46 adopted 12/12/11; Ordinance 2015-59, sec. 3.01, adopted 1/9/15)
(a)
Application of article.
A responsible party engaging
in any land-disturbing activity or any construction activities shall
prepare an erosion control plan and submit that plan to the city for
approval. This article shall apply regardless of whether a responsible
party is required to obtain a permit from the city in order to conduct
such land-disturbing or construction activity. The responsible party
shall also be held liable for violations of this article committed
by third parties engaging in activities related to the responsible
party’s project.
(b)
Erosion control plan implementation and compliance.
Each responsible party shall implement and maintain the erosion control
measures shown on its approved erosion control plan in order to minimize
the erosion and the transport of silt, earth, topsoil, etc., by water
runoff or construction activities, beyond the limits of the responsible
party’s site onto city streets, drainage easements, drainage
facilities, storm drains or other city property prior to beginning
any land-disturbing activity.
(c)
Off-site borrow, spoil and staging areas.
Where applicable,
off-site borrow areas, spoil areas and construction staging areas
shall be considered as part of the project site and shall be governed
by this article.
(d)
Related land areas.
The erosion control requirements
of this article shall apply to all related land areas. Additionally,
when land-disturbing activity occurs on a project, all disturbed land
areas related to the project shall have permanent erosion control
established before final occupancy of structures located thereon or
final acceptance of the subdivision may be obtained. This section
applies whether or not a building permit is required.
(e)
Belowground installations.
All discharges resulting
from belowground installations shall be passed through city-approved
erosion control device(s) or removed from the site and properly disposed
of.
(Ordinance 2011-46 adopted 12/12/11)
Each erosion control plan required by this article shall
clearly identify all erosion and sediment control measures to be installed
and maintained throughout the duration of the project for which that
plan is submitted. Each erosion control plan shall be consistent with
the requirements outlined in the manual. The responsible party shall
install and maintain erosion control devices in accordance with the
city-approved erosion control plan as required by this article.
(Ordinance 2011-46 adopted 12/12/11)
When construction or land-disturbing activities are conducted
as part of a nonresidential or multifamily construction project, permanent
erosion control shall be established prior to the occupancy of any
nonresidential or multifamily structure. Phased occupancy will be
allowed only when there are no outstanding erosion control violations
for the project for which the request is made.
(Ordinance 2011-46 adopted 12/12/11)
(a)
Earthwork permit required.
(1)
No person may commence with the disturbance of land of 0.1 acre or more unless that person has a valid earthwork permit from the city for such earthwork activity. The placement of fill material, as defined by section 3.12.002 of this article, from off-site locations or by multiple parties shall be subject to the permit requirements of this section. Any work to be performed after expiration of the permit shall require a new permit at the standard fee. A new permit shall be required in the case of a significant change in the original design, operation or procedures that were not authorized by the original permit. The permit shall expire three (3) years from the date of the release of the permit. Earthwork permit fees shall be charged as per section A3.009.
(b)
Application for an earthwork permit.
Applications for
an earthwork permit shall be submitted to the engineering department.
The approval of such permit shall require the consent of the engineering
and public works director or his designee.
(c)
Permits for land disturbances of 0.1 acres to 0.5 acres.
An applicant who intends to disturb 0.1 acres or more, but less than
0.5 acres of land shall provide a dimensioned site plan showing the
footprints of all impervious areas (including building, pavement and
pedestrian area), topographical contours, existing and proposed drainage
paths with arrows of potential runoff entering and leaving the site,
floodplains and the presence of any drainage infrastructure serving
the site. The engineering and public works director or his designee
shall review these documents for conformance of this code.
(d)
Permits for land disturbances of 0.5 acres to 1.0 acres.
An applicant who intends to disturb 0.5 acres, but less than 1.0 acres of land shall provide all the requirements of subsection (c) and provide an erosion control plan. The engineering and public works director or his designee shall review these documents for conformance to this code.
(e)
Permits for land disturbances of 1.0 acres to 5.0 acres.
An applicant who intends to disturb 1.0 acres, but less than 5.0
acres of land shall provide all the requirements of subsections (c)–(d)
of this section and provide a construction site notice (CSN) from
a completed stormwater pollution prevention plan (SWPPP). The engineering
and public works director or his designee shall review these documents
for conformance of this code.
(f)
Permits for land disturbances of 5.0 acres and greater.
An applicant who intends to disturb 5.0 acres or greater of land
shall provide all the requirements of subsections (c)–(e) of
this section and provide a notice of intent (NOI) with proof of payment
to Texas Commission on Environmental Quality (TCEQ). Once the project
has been complete and permanent erosion control has been established
the applicant shall file a notice of termination (NOT) to TCEQ. The
engineering and public works director or his designee shall review
these documents for conformance of this code.
(Ordinance 2015-59, sec. 3.02, adopted 1/9/15)
Subject to the terms of its franchise agreement with the city,
including but not limited to terms regarding permits, a franchised
utility company engaging in land-disturbing activities within the
city shall comply with the following:
(1)
Erosion control plan.
Prior to beginning any land-disturbing
activity or upon the effective date of this article, an erosion control
plan shall be submitted for approval by the city.
(2)
Stop-work order/citation.
(A)
The city shall inspect the erosion control devices located at a site
for compliance with the approved erosion control plan submitted for
such site. If a responsible party fails to implement or maintain erosion
control devices as specified in his approved erosion control plan,
the city shall provide such party with written notice of noncompliance
identifying the nature of such noncompliance. The responsible party
shall have twenty-four (24) hours to bring his erosion control devices
into compliance with the approved erosion control plan for the site
where the violation occurred. Correction shall include sediment clean
up, erosion control device repair, and erosion control device maintenance.
The twenty-four-hour cure period may be extended for inclement weather
or other factors at the discretion of the director of development
services.
(B)
At the end of the twenty-four-hour cure period, the city shall reinspect
the site. If at the time of such reinspection, the erosion control
devices at the site have not been brought into compliance with the
approved erosion control plan, the city may issue a stop-work order
and issue a citation for each violation of the city’s erosion
control requirements. To obtain a reinspection for removal of the
stop-work order, a request for reinspection must be submitted.
(Ordinance 2011-46 adopted 12/12/11)
When land-disturbing activities are conducted on a residential
lot for which a building permit must be issued, the responsible party
shall comply with the following:
(1)
Erosion control plan.
Prior to approval of a building
permit for a residential lot by the city, the contractor or other
responsible party obtaining the building permit shall submit an erosion
control plan for approval by the city. No inspection may be performed
on a project until a city-approved erosion control plan is implemented.
(2)
Stop-work order/citation.
(A)
The city shall inspect the erosion control devices located at a site
for compliance with the approved erosion control plan submitted for
such site. If a responsible party fails to implement or maintain erosion
control devices as specified in his approved erosion control plan,
the city shall provide such party with written notice of noncompliance
identifying the nature of such noncompliance. The responsible party
shall have twenty-four (24) hours to bring his erosion control devices
into compliance with the approved erosion control plan for the site
where the violation occurred. Correction shall include sediment clean
up, erosion control device repair, erosion control device maintenance,
and/or installation of additional erosion control devices to prevent
reoccurrence of the violation. The twenty-four-hour cure period may
be extended for inclement weather or other factors at the discretion
of the building official.
(B)
At the end of the twenty-four-hour cure period, the city shall reinspect
the site and may assess a reinspection fee. If at the time of such
reinspection, the erosion control devices at the site have not been
brought into compliance with the approved erosion control plan, the
city may issue a stop-work order and issue a citation for each violation
of the city’s erosion control requirements. When a stop-work
order has been issued, a reinspection fee shall be assessed. To obtain
a reinspection for removal of the stop-work order, a request must
be submitted therefor and a reinspection fee, as set by the building
inspection department of the city, shall be paid.
(3)
Removal of erosion control devices.
Upon final occupancy
or upon establishing permanent ground cover on a lot, all temporary
erosion control devices shall be removed.
(Ordinance 2011-46 adopted 12/12/11)
(a)
Violations.
It shall be an offense for a responsible
party or a third party performing work on a project to violate any
of the requirements of this article, including, but not limited to,
the following:
(1)
Conducting any land-disturbing or construction activity without an
approved erosion control plan for the location where the violation
occurred.
(2)
Failing to install erosion control devices or to maintain erosion
control devices throughout the duration of land-disturbing activities,
in compliance with the approved erosion control plan for the location
where the violation occurred.
(3)
Failing to remove off-site sedimentation that is a direct result
of land-disturbing activities where such off-site sedimentation results
from the failure to implement or maintain erosion control devices
as specified in an approved erosion control plan for the location
where the violation occurred.
(4)
Allowing sediment-laden water resulting from belowground installations
to flow from a site without being treated through an erosion control
device.
(5)
Failing to repair damage to existing erosion control devices, including
replacement of existing grass or sod.
(b)
Notice of violation.
Written notice of violation shall
be given to the responsible party or his jobsite representative as
identified in the erosion control plan for a site. Such notice shall
identify the nature of the alleged violation and the action required
to obtain compliance with the approved erosion control plan.
(c)
Class C misdemeanor.
Any person, firm, or corporation
violating any of the provisions or terms of this article shall be
deemed guilty of a class C misdemeanor and, upon conviction thereof,
be subject to a fine not exceeding five hundred dollars ($500.00)
for each offense, and each and every day such violation shall continue
shall be deemed to constitute a separate offense.
(Ordinance 2011-46 adopted 12/12/11)
(a)
Appeal to director of development services.
Upon notice of noncompliance, a responsible party may appeal the city’s decision to take deductions from his erosion control deposit pursuant to section 3.12.006 of this article, by filing a written appeal to the director of development services within seven (7) days of the city’s written notice of its intent to make such deduction for costs as allowed herein. An appeal filed pursuant to this section shall specifically state the basis for the aggrieved party’s challenge to the city’s authority to take deductions under this article.
(b)
Standard for appeals.
When reviewing an appeal filed
pursuant to this section, the director of development services shall
evaluate all evidence submitted. The burden of proving that a violation
of this article occurred shall be on the city. The city shall provide
evidence sufficient to reasonably support a determination that the
responsible party failed to comply with the requirements of this article
as alleged by the city.
(c)
Issuance of opinion by director.
Decisions of the director
of development services shall be issued within twenty (20) days of
city’s receipt of the written appeal. Decisions of the director
of development services shall be final.
(Ordinance 2011-46 adopted 12/12/11)
