For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them:
The clearing of trees, brush, rocks and other materials from
a tract of land where the operations will occur on or within an area
of at least 21,780 square feet;
The leveling, grading, regrading, or alteration of the topography
of a tract of land where the operations will occur on or within an
area of at least 21,780 square feet; or
The addition of soil, dirt, earth or similar material to an
area of at least 21,780 square feet, other than topsoil in an average
depth of less than two (2) inches.
Any act by which soil, earth, clay, sand, gravel, rock, loam,
caliche, dirt, humus or any other similar matter is dug, cut into,
quarried, uncovered, removed, displaced, or relocated to a depth of
greater than one (1) foot over an area of at least 43,560 square feet.
(Ordinance 2006-1009-03 adopted 10/9/06)
(a)
It
shall be unlawful for any person, firm, or corporation within the
corporate limits of the town to construct and maintain or otherwise
operate any quarry, mine, sand or gravel pit, or any other type of
excavation for any purpose whatsoever, including but not limited to
removing, screening, crushing, washing or storing of soil, dirt, sand,
ore, clay, stone, gravel or similar materials.
(b)
Any
and all excavations as described herein located within the town or
hereafter created within the town are declared a nuisance and as such
may be abated in any lawful manner and further that the town may cause
such excavations to be filled and charge the person making and/or
maintaining such excavation with the cost of filling the same and
restoring it to the level of land immediately before the commencement
of the excavation, digging, or mining operations.
(Ordinance 2006-1009-03 adopted 10/9/06)
(a)
Permit required.
(1)
Prior to commencement of any clearing, grading or filling operation
within the town, the owner, developer or contractor shall first apply
for and be issued a permit by the town, unless the operation is to
be conducted on an occupied residential lot of not more than three
(3) acres in size. Clearing, grading or filling operations shall be
undertaken only after a proper permit has been obtained from the town.
(2)
A clearing, grading and filling permit may be issued only after the
requirements of this article and of this code have been met. A permit
will be valid for a period of 180 days from the date of issuance.
On request of the applicant, the permit may be extended by the town
for up to two (2) additional 180-day periods.
(b)
Permit application.
An applicant for a clearing, grading
and filling permit shall furnish a completed and signed application
on a form furnished by the town and shall, contemporaneously with
the application, submit the following:
(1)
A grading, clearing and fill plan which depicts and describes the
following:
(A)
The nature, extent and location of the proposed work;
(B)
The lot or site layout and topography, with finished contours and/or
grades, prior to and following completion of the intended work;
(C)
Means of ingress and egress to the site;
(D)
Erosion control measures, together with a detailed erosion control
plan applicable during the progress of the operations as well as after
completion of the operations, depicting erosion control devices and
techniques, in compliance with the Texas Pollution Discharge Elimination
System (TPDES) requirements, as amended;
(E)
Flood and stormwater drainage measures;
(F)
Hauling routes with traffic control measures; and
(G)
Any other information deemed necessary by the town to insure and
protect public health and safety.
(2)
A tree preservation plan meeting the requirements of section 3.08.005(e) of this code, together with a tree survey; and
(3)
The appropriate permit application fee.
(c)
Denial, revocation or suspension of permit.
No clearing,
grading and filling permit may be issued unless and until a site plan
or preliminary plat has first been approved by the town. A permit
may not be issued if the work will adversely affect drainage on adjacent
or downstream properties, create traffic hazards, or constitute an
excavation. A permit may be suspended or revoked by the mayor or his
designee if it is determined that the statements in the application
are materially false or misleading; the actual work and/or operations
are not in strict conformance with the application, permit, and plans
submitted in conjunction with the application; any of the provisions
of this article have been violated or are not met; or, the work and/or
operations may cause or create a public nuisance or an imminent threat
of destruction of property or injury to persons, and the revocation
or suspension is determined to be in the interests of public health
and safety.
(Ordinance 2006-1009-03 adopted 10/9/06)
(a)
All tree protection devices must be in place before clearing, grading and filling operations are commenced, and shall remain in place throughout the duration of the work and/or operations. The requirements of section 3.08.009 of this code shall be complied with at all times during all work and/or operations.
(b)
Bar
ditches and other stormwater and rainfall runoff drainage channels,
facilities and appurtenances in public rights-of-way shall not be
removed, altered, or otherwise disturbed unless a drainage plan is
submitted to and approved by the town that insures proper and adequate
drainage of rainfall runoff and stormwater. Any alteration of drainage
facilities and appurtenances shall be reviewed, inspected and approved
by the town. Additional facilities or appurtenances constructed or
installed in the public right-of-way shall be dedicated to and accepted
by the town and shall become the property of the town upon acceptance.
(c)
A
clearing, grading and filling permit shall not be deemed or construed
to authorize paving on any part of a tract of land or the installation
of utility infrastructure, equipment or facilities.
(Ordinance 2006-1009-03 adopted 10/9/06)
Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code, and each and every day’s violation shall constitute a separate offense.
(Ordinance 2006-1009-03 adopted 10/9/06)
