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:
Belowground installations.
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.
Building official.
The building official for the city or his/her designee.
Construction activities.
Construction activities that require a building permit.
Director of development services.
The director of development services for the city or his/her designee.
Erosion control plan.
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.
Final approval.
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.
Land-disturbing activity.
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.
Manual.
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.
Off-site borrow area.
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.
Off-site sedimentation.
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.
Off-site spoil area.
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.
Permanent erosion control devices.
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 ground cover.
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.
Phased occupancy.
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.
Related land area.
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.
Responsible party.
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.
Staging area.
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.
Stop-work order.
The suspension of all city permits with no approvals or inspections of work for the site or project being performed.
Temporary erosion control devices.
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)
Plan requirements generally.
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.
(2) 
A person commits an offense if a person causes a disturbance of land of 0.1 acres or more without a valid permit from the city. Such offense shall be punishable by a fine as per section 3.12.009.
(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)