It is the purpose of this article to preserve the natural resources;
to protect the quality of the waters of the state and the city; and
to protect and promote the health, safety and welfare of the people,
to the extent practicable by minimizing the amount of sediment and
other pollutants carried by run off or discharged from land developing
activities and land-disturbing construction activities to lakes, streams
and wetlands.
(Ordinance 12-03 adopted 4/19/12)
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 washwater, washwater 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 their designee.
Best management practices.
Construction activities that require a right-of-way or building
permit.
The director of public works for the city or his designee.
The North Central Texas Council of Governments (NCTCOG) Manual
of best management practices, as amended from time to time. A current
copy of the manual shall be kept on file in the office of the department
of public works and may be obtained from the NCTCOG offices.
A site plan with necessary details, showing the property
where land-disturbing activity will take place and showing the locations
and types of structures, 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.
Homeowners association.
Any activity, including but not limited to excavation, planting,
and grading, which disturbs 1 acre (43,560 square feet) of the natural
or improved vegetative ground cover so as to expose soil to the erosive
forces of rain, stormwater run off or wind. Land-disturbing activities
also include areas smaller than one acre that are part of a larger
common plan of development or sale. All installations and maintenance
of franchise utilities such as telephone, gas, electric, etc., shall
be considered land-disturbing activities.
The system of conveyances (including but, not limited to
sidewalks, roads with drainage systems, municipal streets, catchbasins,
curbs, gutters, ditches, manmade channels, or storm drains) owned
and operated by the city and designed or used for collecting or conveying
stormwater, that is not used for collecting or conveying domestic
sewage.
A program to issue authorizations to discharge pollutants
into waters of the United States if certain conditions are met.
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 public 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.
The Texas Commission on Environmental Quality.
Devices installed or practices implemented and maintained
during land-disturbing activities to prevent, minimize or control
the erosion and deposit of soil materials.
(Ordinance 12-03 adopted 4/19/12)
(a)
Federal and state regulations.
Current Federal Regulations
(section 402 of the Clean Water Act) and state regulations (chapter
26 of the Texas Water Code) require all owners/operators of stormwater
discharges from industrial activities to apply for and operate pursuant
to Texas Pollutant Discharge Elimination System (TPDES) general permit
TXR150000 hereafter referred to as the “state permit.”
The state permit regulates land-disturbing activities that result
in the disturbance of one or more acres of total land area, including
areas smaller than one acre that are part of a larger common plan
of development or sale.
(b)
A responsible party engaging in a regulated land-disturbing activity
is responsible for compliance with the Texas Commission on Environmental
Quality (TCEQ) state permit. The responsible party shall submit to
TCEQ a notice of intent (NOI) or construction site notice for coverage
under the state permit, and shall also provide the director of public
works with a copy of the NOI or construction site notice prior to
beginning any land-disturbing activity.
(c)
A responsible party engaging in a regulated land-disturbing activity
shall prepare a stormwater pollution prevention plan (SWPPP) satisfying
all requirements of the state permit. A copy of the SWPPP shall be
provided to the director of public works prior to the start of any
land-disturbing activity. The SWPPP shall be prepared by either a
registered professional engineer licensed in the state, a certified
professional in erosion and sediment control (CPESC) or a certified
professional in stormwater quality (CPSWQ).
(d)
Any responsible party not in compliance with the TPDES general permit
TXR150000 shall be in violation of this article as well as state and
federal law and shall be subject to all local, state and federal enforcements.
(Ordinance 12-03 adopted 4/19/12)
(a)
Application of article.
A responsible party engaging
in any land-disturbing activity 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
run off 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 12-03 adopted 4/19/12)
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. The
responsible party shall install and maintain erosion control devices
in accordance with their city-approved erosion control plan as required
by this article. Erosion and sediment control devices shall be installed
and maintained in accordance with the city’s erosion control
manual. General guidelines for erosion and sediment control are as
follows:
(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 should be
installed promptly to minimize soil loss and ensure that erosion and
sedimentation does not occur.
(4)
Wherever possible during construction, erosion and sedimentation
controls shall be used on hillsides to slow drainage flow rate.
(5)
Erosion and sedimentation control elements should be implemented
as soon as practical in the development process. Erosion and sedimentation
controls shall be maintained by the responsible party. Erosion and
sedimentation controls that are installed but not properly maintained
in accordance with the city’s erosion control manual shall be
considered a violation of this article.
(6)
Waste or disposal areas and construction roads should be located
and constructed in a manner that will minimize the amount of sediment
entering streams.
(7)
Frequent fording of live streams will not be permitted; therefore,
temporary bridges or other structures shall be used wherever an appreciable
number of stream crossings are necessary.
(8)
When work areas or material sources are located in or adjacent to
live streams, such areas 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.
(9)
Should preventative 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.
(10)
Erosion control devices shall be placed to trap any losses from stockpiled
topsoil.
(11)
The selection and timing of the installation of erosion controls
shall be based upon weather and seasonal conditions that could make
certain controls not practicable.
(12)
Vegetation used for vegetative cover shall be suitable for local
soil and weather conditions. Ground cover plants shall comply with
listings from the Texas Agricultural Extension Service for North Central
Texas.
(13)
Runoff shall be diverted away from construction areas as much as
possible.
(14)
Stripping of vegetation from project sites shall be phased so as
to expose the minimum amount of area to soil erosion for the shortest
possible period of time. Phasing shall also consider the varying requirements
of an erosion control plan at different stages of construction.
(15)
Developers, builders, or owners of property shall install all utilities,
including franchise utilities, before final acceptance of a subdivision,
property and/or structure. Final acceptance will also be contingent
upon having all necessary erosion control measures installed to minimize
off-site sediment. A site may be accepted without erosion control
measures if perennial vegetative cover is actively growing at the
discretion of the director of public works.
(Ordinance 12-03 adopted 4/19/12)
(a)
Prior to beginning any land-disturbing activity or upon the effective
date of this article, a responsible party engaging in land-disturbing
activity for nonresidential and multifamily construction projects
shall submit an erosion control plan to the city for approval. The
approved erosion control plan shall be implemented and erosion control
devices shall be maintained as specified in the plan and the city’s
erosion control manual. A responsible party engaging in nonresidential
and multifamily activities shall comply with all other general requirements
of this article.
(b)
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 12-03 adopted 4/19/12)
In addition to the other requirements of this article, when
construction or land-disturbing activities are conducted as part of
a residential subdivision project, the following shall apply:
(1)
Erosion control plan.
Prior to approval of the final
plat, the responsible party shall submit an erosion control plan for
approval by the city. No inspection of any type may be performed on
a project or portion thereof until a city-approved erosion control
plan is implemented by the responsible party.
(2)
Final acceptance.
Permanent erosion control devices
and when applicable, temporary erosion control devices, as specified
in the approved erosion control plan shall be installed and maintained
prior to final acceptance of a subdivision. The developer for such
subdivision shall continue to maintain all temporary erosion control
devices until permanent erosion control has been established on all
those lots within the subdivision for which a building permit has
not been issued.
(3)
Transfer of property by developer.
If the responsible
party sells all or part of the lots in a subdivision to a purchaser,
that purchaser becomes the responsible party for the subdivision or
the lots sold and is liable for violation of this article. The sale
of lots shall be logged within the SWPPP kept at the project site
along with written proof of transfer of lots. As required by this
article, the purchaser shall be required to comply with the city-approved
erosion control plan and SWPPP.
(4)
Stop-work orders/citation.
(A)
The city shall inspect the erosion control devices located at a site
for compliance with the approved erosion control plan submitted by
a responsible party. If a responsible party fails to implement or
maintain erosion control devices as specified in their approved erosion
control plan, the city shall provide such party with written notice
of noncompliance identifying the nature of the noncompliance. The
responsible party shall have twenty-four (24) hours to bring their
erosion control devices into compliance with the approved erosion
control plan for the site to which notice of noncompliance was issued.
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 24-hour cure period may be extended for inclement weather
or other factors at the discretion of the director of public works.
(B)
At the end of the twenty-four (24) 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 this article. To
obtain a reinspection for removal of the stop-work order, a request
for reinspection must be submitted.
(Ordinance 12-03 adopted 4/19/12)
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 their 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 their 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 24-hour cure period may be extended for inclement weather or other
factors at the discretion of the director of public works.
(B)
At the end of the 24-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 12-03 adopted 4/19/12)
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 their 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 their 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 24-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 24-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 establishing
permanent ground cover on a lot, all temporary erosion control devices
shall be removed.
(Ordinance 12-03 adopted 4/19/12)
