Private property owners, developers, or builders shall be accountable
for the movement of soil from their property or construction site
which results in accumulation of sediment in dedicated streets, alleys,
lakes, ponds, any waterway, or other private properties. Development
activities shall comply with erosion control guidelines established
within this division, as well as those required by the EPA and TCEQ.
At its discretion, the city may review and enforce a SWP3 required
by state or federal permit. Any accumulation or deposit of soil material
beyond the limits of the property or in city streets, alleys, or drainage
facilities in an amount sufficient to constitute a threat to public
health, safety, and comfort as determined by the city manager shall
constitute a nuisance and violation of this division.
(Ordinance 623-2015 adopted 11/19/15)
(a)
Erosion and sediment controls must be designed to retain sediment
on-site to the extent practicable with consideration for local topography,
soil type, and rainfall.
(b)
Control measures must be properly selected, installed, and maintained
according to the manufacturer’s or designer’s specifications.
(c)
Controls must be developed to minimize the off-site transport of
litter, construction debris, and construction materials.
(Ordinance 623-2015 adopted 11/19/15)
(a)
Application of division.
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 manager
for approval. This division 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 division 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. No city 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.
(c)
Related land areas.
The erosion control requirements
of this division 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.
(d)
Removal of erosion control devices.
Upon issuance of
a certificate of occupancy or upon establishing permanent ground cover
on a site or lot, all temporary erosion control devices shall be removed
and disposed of legally.
(e)
Final acceptance.
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 deposition.
A site may be accepted, at the discretion of the city engineer, without
erosion control measures, if perennial vegetative cover is established
and actively growing and if all conditions of any permits (including
404, SWPPP, etc.) have been met prior to acceptance. Regarding residential
subdivisions, 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.
(Ordinance 623-2015 adopted 11/19/15)
(a)
All operators of sites with construction activity, including demolition,
clearing, grading, excavation, and landfilling activities, shall be
responsible for submitting an erosion control plan for approval by
the city. 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. For residential lots, the standard city erosion
control plan found in the residential builder packet shall apply or
the builder/contractor may submit an alternative erosion control plan
for consideration and possible approval by the city. The responsible
party shall install and maintain erosion control devices in accordance
with the city approved erosion control plan.
(b)
Concurrently with the approval of a floodplain, building, or development
permit by the city and prior to commencement of land-disturbing activities,
the builder/contractor or other responsible party shall be responsible
for obtaining an approved erosion control plan as the city deems appropriate.
The approved erosion control plan shall indicate and apply to all
areas within the project controlled by, or coming into the control
of, the applicant at the time of issuance.
(Ordinance 623-2015 adopted 11/19/15)
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 623-2015 adopted 11/19/15)
In addition to the other requirements of this division, if a
developer sells all of the lots in a subdivision to one purchaser,
that purchaser becomes the responsible party for the subdivision,
and is liable for violation of this division.
(Ordinance 623-2015 adopted 11/19/15)
