A temporary batch plant shall not be located on any property within the city prior to the owner of the property obtaining a permit in accordance with this article.
(Ordinance 2020-53 adopted 9/22/20)
(a) 
A person desiring to obtain a permit to locate and operate a temporary batch plant pursuant to this article shall first submit an application to the city on a form approved by the director of planning and pay a permit fee in the amount adopted by resolution of the city council and set forth in the city’s master fee schedule.
(b) 
An application for a temporary batch plant permit shall contain at least the following information:
(1) 
The name, physical address, mailing address (if different from physical address), phone number, and e-mail address of the owner of the property on which the temporary batch plant will be located, and, if the owner of the property on which the temporary batch plant will be located is a business entity, the information described in this subsection (1) for the person authorized to act on behalf of the owner of the property if different from the information of the owner of the property provided pursuant to this subsection (1);
(2) 
The name, physical address, mailing address (if different from physical address), phone number, and e-mail address of the owner of the temporary batch plant to be operated pursuant to the permit;
(3) 
The name, physical address, mailing address (if different from physical address), phone number, and e-mail address of the person who will be authorized to act on behalf of the owner of the temporary batch plant described in subsection (b)(2) of this section;
(4) 
The physical address (if one has been assigned either by the U.S. postal service or the Ellis appraisal district) and boundary description of the property on which the temporary batch plant will be located;
(5) 
A site plan of the property on which the temporary batch plant will be located showing, at a minimum:
(A) 
The boundaries of the tract of land on which the temporary batch plant will be located;
(B) 
The proposed location of the temporary batch plant on the property including, but not limited to, the location of all containers, above ground storage tanks, silos, hoppers and conveyors, the location of all proposed access drives and curb cuts over which vehicles entering and exiting the property will travel, and the location and names of existing public streets;
(C) 
The distance between the location of all buildings, containers, and equipment comprising the temporary batch plant to the property lines of the property on which they are located;
(D) 
The description and survey plat (which may be an approved or proposed subdivision plat), of the property on which the streets and other improvements are to be constructed with materials produced from the temporary batch plant; and
(E) 
The proposed travel route for trucks and other heavy vehicles and equipment between the location of the temporary batch plant and the construction site where the materials from the temporary batch plant will be used.
(6) 
The planning director and/or city engineer or their designees are authorized to require such additional information as part of the application as necessary to determine that the location and operation of the temporary batch plant will be in compliance with this article.
(Ordinance 2020-53 adopted 9/22/20)
(a) 
A permit issued pursuant to this article shall expire and be of no further effect on the 180th day after the date of issuance.
(b) 
The city engineer or designee may authorize the extension of a permit issued pursuant to this article one or more times, provided the total of all such extensions does not exceed 60 days.
(c) 
Approval of the city council must be obtained to extend the term of a permit issued pursuant to this article if:
(1) 
The term of the permit is to be extended beyond 240 days; and
(2) 
If the city engineer or their designee denies an extension of the term of the permit up to the maximum number of days authorized to be approved by the city engineer or their designee.
(Ordinance 2020-53 adopted 9/22/20)
The location of a temporary batch plant on the property for which a permit is granted shall be subject to the following:
(1) 
The temporary batch plant shall at all times comply with TCEQ regulations relating to clearance in all directions from an operational public right-of-way; and
(2) 
The temporary batch plant shall be no closer than 450 feet from any structure presently occupied and used for residential purposes.
(Ordinance 2020-53 adopted 9/22/20)
Operation of temporary batch plants within the city shall comply with the following:
(1) 
The permit issued pursuant to this article and all permits issued by the TCEQ authorizing the operation of the temporary batch plant shall be posted at a location on the property where the temporary batch plant is operating where such permits are visible to any person desiring to view the permits without entering the property;
(2) 
The temporary batch plant must be operated at all times in compliance with federal, state, and city laws, ordinances, and regulations;
(3) 
Except for transportation of materials and equipment into and away from the property, the operation of the temporary batch plant shall not extend beyond the boundaries of the property identified in the permit issued pursuant to this article;
(4) 
The temporary batch plant shall be used to construct streets, sidewalks, and other infrastructure for the property described in the permit application;
(5) 
The temporary batch plant may operate only between the hours of 7:00 a.m. and 7:00 p.m. on each day, Monday through Friday; provided, however, the city manager is authorized to allow the temporary batch plant to operate during other times in addition to the foregoing;
(6) 
The temporary batch plant and all equipment and materials used in the operation of the plant shall be removed from the property on which the plant is located and the property restored substantially to the condition prior to the plant being located on the property not later than the earlier of:
(A) 
The last day of the term of the permit; and
(B) 
The fifth (5th) day after completion of construction of the public works being served by the plant;
(7) 
The temporary batch plant shall be operated in a manner that does not generate excessive noise or offsite transmission of dust or particulate matter on other properties; and
(8) 
The operator of the temporary batch plant shall be solely responsible for the cost of repairing any city streets damaged as a result of the operation of the temporary batch plant and heavy vehicles traveling to and from the plant.
(Ordinance 2020-53 adopted 9/22/20)
To the extent allowed by law, and by acceptance of the permit granted pursuant to this article, the owner and operator of the temporary batch plant agree to be liable to the city for any damage or loss occasioned by any act and/or omission occurring in connection with the operation of the temporary batch plant and, subject to state law, the owner and operator of the temporary batch plant shall fully indemnify, hold harmless and defend the city, its councilmembers, officers, employees, agents, representatives and volunteers from and against any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including reasonable attorney’s fees), damages, and liabilities of every kind to which the city, its councilmembers, officers, employees, agents, representatives and volunteers may be subjected for injury of any type, death or property damage arising from or connected with any such act and/or omission. The city shall promptly notify a permittee, or right-of-way user, at the address set forth in the permit, or last known address, of any claim, suit or demand served upon the city and alleging negligent or wrongful conduct by the owner and operator of the temporary batch plant.
(Ordinance 2020-53 adopted 9/22/20)
Upon a determination that the temporary batch plant has been or is being operated in a manner that does not comply with the provisions of this article and/or the permit issued with respect to the plant, or is being operated in a manner constituting a nuisance to adjacent properties, the permit issued authorizing operation of the plant may be suspended or revoked by the city manager if, not later than five (5) days after written notice to the owner of the property and the operator of the temporary batch plant, operation of the plant is not corrected to conform to the permit and/or this article or to cease causing a nuisance to adjacent properties.
(Ordinance 2020-53 adopted 9/22/20)
Issuance of any permit pursuant to this article that varies with the provisions of this article must be approved by the city council.
(Ordinance 2020-53 adopted 9/22/20)