(a) 
A site development permit shall be required for land-disturbing activities that will uncover one acre or more of land. No land-disturbance may commence on activities that require a site development permit until the permit has been issued by the city, except where allowed by this article.
(b) 
No site development permit shall be granted without an erosion and sediment control plan approved by the engineering division or the public works operations manager.
(c) 
No site development permit is required for:
(1) 
Any emergency activity that is immediately necessary for the protection of life, property, or natural resources; or
(2) 
Existing nursery and agricultural operations conducted as a permitted main or accessory use; or
(3) 
Any land disturbance activity occurring on a site of less than one acre.
(d) 
Each application for a site development permit shall contain the following:
(1) 
The name(s) and address(es) of the owner(s) and developer(s) of the site.
(2) 
The name(s) and address(es) of the licensed professional engineer and/or consulting firm retained by the applicant and the name of the applicant's principal contact at such firm.
(3) 
A notice of intent.
(4) 
An erosion and sediment control plan ("the plan") that meets the design requirements of this article.
(5) 
A description of the nature of the project.
(e) 
Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the erosion and sediment control plan and that qualified personnel (provided by the operator of the construction site) may be required to be on site on all days when construction or grading activity takes place.
(f) 
Any developer, owner, or builder who fails to obtain the site development permit before beginning the subject project is in violation of this article. In addition to penalties which may be assessed in accordance with this article, no building permit, plat, site plan, or certificate of occupancy shall be issued for any development or construction upon any land where such development or construction is not in conformity with the requirements of this article.
(Ordinance 3070, § 1, adopted 9/28/2009)
(a) 
The engineering division or the public works operations manager will review each application for a site development permit to determine its conformance with the provisions of this article. Within 30 days after receiving an application, the city shall, in writing:
(1) 
Approve the permit application; or
(2) 
Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this article, and issue the permit subject to these conditions; or
(3) 
Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission.
(b) 
Failure of the city to act on an original or revised application within 30 days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the city. Pending preparation and approval of a revised plan, development activities may be allowed to proceed in accordance with conditions established by the city.
(Ordinance 3070, § 1, adopted 9/28/2009)
(a) 
The erosion and sediment control plan required to be submitted to the city at the time of the application for the site development permit and shall include all of the following:
(1) 
Grading, erosion control practices, sediment control practices, and watercourse crossings shall meet the BMP design criteria set forth in the most recent edition of the integrated stormwater management design manual for Construction ("iSWM Design Manual"), published and available through North Central Texas Council of Governments ("NCTCOG"), the public works design manual and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the city.
(2) 
A natural resources map identifying soils, forest cover, and any resources protected under the North Richland Hills City Code of Ordinances.
(3) 
A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
(4) 
All erosion and sediment control measures shall use the BMP necessary to meet the objectives of this article throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.
(5) 
Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
(6) 
Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.
(7) 
Phasing shall be required on all sites disturbing greater than ten acres, with the size of each phase to be established at plan review and as approved by the engineering division or the public works operations manager.
(b) 
Modifications to the erosion and sediment control plan shall be processed and approved or disapproved in the same manner as the original plan.
(c) 
Any minor field modifications or minor amendments to the plan must be approved in writing by the engineering division or the public works operations manager.
(d) 
Multi-lot subdivisions (two or more lots)
(1) 
In addition to subsections (a)—(c), plans for multi-lot subdivisions need to incorporate the following:
a. 
Provisions which contemplate the relocation or modification to the erosion control devices/measures while remaining effective during individual lot development.
b. 
Provisions for future modifications to the plan which do not allow sediment to travel from one individual lot to an adjoining lot.
(2) 
Upon approval of the engineer who designed the subdivision's stormwater pollution prevention plan ("SWPPP"), individual lot builders may use the subdivision's SWPPP when such use:
a. 
Does not compromise the building construction on the individual lot;
b. 
Does not compromise the remaining SWPPP for the balance of the subdivision; and
c. 
Modifications to the plan or the SWPPP are signed and sealed by a professional engineer licensed in the State of Texas.
(Ordinance 3070, § 1, adopted 9/28/2009)
(a) 
All operators of construction sites, including sites involving clearing, grading, and excavation activities, that result in the disturbance of one acre or more of land shall comply with the requirements set forth in the most recent version of the public works design manual and the following specific requirements, in addition to obtaining a site development permit:
(1) 
Clearing and grading.
a. 
Clearing and grading activities shall be done in such a manner to prevent transportation of sediment from the site to the satisfaction of the engineering division or the public works operations manager.
b. 
Cut and fill slopes shall be no greater than 2:1, except as approved by the engineering division or the public works operations manager to meet other community or environmental objectives.
c. 
Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this Code. Clearing techniques that retain natural vegetation and drainage patterns shall adhere to the BMP as set forth in the iSWM Design Manual, published and available through NCTCOG.
d. 
Clearing techniques that retain natural vegetation and retain natural drainage patterns shall be used to the satisfaction of the engineering division or the public works operations manager.
e. 
Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
(2) 
Erosion control.
a. 
Stabilization shall be completed within five days of clearing or inactivity in construction.
b. 
If seeding or another vegetative erosion control method is used, it shall be established within two weeks from the date land-disturbing activities commence on the property. In the event this timeline is not met, the engineering division or the public works operations manager may require the site to be reseeded or a non-vegetative erosion control method employed.
c. 
Special techniques that meet the design criteria outlined in the iSWM Design Manual on steep slopes or in drainage ways shall be used to ensure stabilization.
d. 
Soil stockpiles must be stabilized or covered at the end of each workday.
e. 
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
f. 
Techniques that divert upland runoff past disturbed slopes shall be employed.
(3) 
Sediment control.
a. 
Sediment controls shall be provided in the form of settling basins, sediment traps, or tanks and perimeter controls.
b. 
Where possible, settling basins shall be designed in a manner that allows adaptation to provide long term stormwater management, if required by the engineering division or the public works operations manager.
c. 
Adjacent properties shall be protected by the use of a vegetated buffer strip in combination with perimeter controls.
(4) 
Waterway and watercourse protection.
a. 
A temporary stream crossing installed and approved by the engineering division or the public works operations manager if a wet watercourse will be crossed regularly during construction.
b. 
Stabilization of the watercourse channel before, during, and after any in channel work.
c. 
On-site stormwater conveyance channels designed according to the criteria outlined in the iSWM Design Manual.
d. 
Adequate stabilization to prevent erosion located at the outlets of all pipes and paved channels.
(5) 
Construction site access requirements shall include a temporary access road provided at all sites and any other measures required by the engineering division or the public works operations manager in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains.
(b) 
All operators of construction sites, including sites involving clearing, grading, and excavation activities, that result in the disturbance of less than one acre of land shall employ the appropriate BMPs, as indicated in the public works design manual [Section 1-08(J)(4)-(5)], such that sediment does not run off the construction site(s).
(Ordinance 3070, § 1, adopted 9/28/2009)
(a) 
The engineering division or the public works operations manager or designated agent may make inspections, as hereinafter described, of any land disturbance activities or work required to be performed in accordance with the site development permit regulations. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the engineering division or the public works operations manager and the plans shall be maintained at the site during the progress of the work.
(b) 
The permittee shall notify the engineering division or the public works operations manager at least two working days before the following:
(1) 
Start of construction.
(2) 
Installation of sediment and erosion measures.
(3) 
Completion of site clearing.
(4) 
Completion of rough grading.
(5) 
Completion of final grading.
(6) 
Close of the construction season.
(7) 
Completion of final landscaping.
The engineering division or the public works operations manager or designated agent shall make inspection of the above-listed work and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the erosion and sediment control plan as approved.
(c) 
The permittee or qualified personnel provided by the permittee shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan(s). The purpose of such inspections will be to determine the overall effectiveness of the erosion and sediment control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the engineering division or the public works operations manager or designated agent at the time interval specified in the approved permit.
(d) 
The engineering division or the public works operations manager or designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed in accordance with this section and to ensure compliance with the plan and other requirements of this article.
(Ordinance 3070, § 1, adopted 9/28/2009)
(a) 
Stop-work order; revocation of permit; citation.
In the event that any person conducting land disturbance activities and/or holding a site development permit pursuant to this article violates the terms of the permit or other provision of this article, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or at the development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the engineering division or the public works operations manager may require all construction activities to stop or suspend or revoke the site development permit.
The city shall inspect the erosion control devices located at a site for compliance with this article and/or the approved erosion and sediment control plan (final plan) submitted for such site(s). If a responsible party fails to implement or maintain erosion control devices as indicated in this article and/or specified in the approved final plan, the city shall provide such party with written notice on noncompliance identifying the nature of such noncompliance. The responsible party shall have 24 hours to bring the erosion control devices into compliance with this article and/or the approved final plan for the site where the violation occurred. Modifications to the approved final plan may be required to maintain all sediment on-site. Correction shall include sediment clean-up, erosion control device repair, erosion control device maintenance, and/or installation of additional erosion control devices in accordance with BMP to prevent re-occurrence of the violation. The 24-hour cure period may be extended for inclement weather or other factors at the discretion of the engineering division, the public works operations manager or the building official. Other inspections, including but not limited to public works public infrastructure inspections and the building inspections division inspections, shall be delayed until all erosion control violations have been corrected and a re-inspection has been performed.
At the end of the 24-hour cure period, the city shall re-inspect the site. If at the time of such re-inspection, the erosion control devices at the site have not been brought into compliance with this article and/or the approved erosion control plan, the city may avail itself of any or all of the following, which shall not be exclusive:
(1)
Issue a stop work order.
(2)
Revoke the erosion control permit.
(3)
Issue a citation for each violation of this article or the city's erosion control requirements.
The stop work order may apply to all sites subject to the site development permit or may apply to specific sites, at the discretion of the engineering division, the public works operations manager or the building official. To obtain a re-inspection for removal of the stop work order, any fines shall be paid in full and a request for such re-inspection shall be submitted to the engineering division, the public works operations manager or the building official.
If any soil or material is deposited, by natural event or by an actor (property owner, builder, permittee, or responsible party), on the right-of-way adjacent to a residential lot or upon any adjacent lot, in violation of any provision of this section or of any state statute regulating soil erosion, and the identity of the actor cannot be determined, the owner or person in whose name the permit was issued is presumed to be the person who caused or failed to prevent the deposit of soil or material from a lot to the adjacent right-of-way or to an adjacent lot. This presumption is rebuttable and shall have the effects and consequences set forth in § 2.05 of the Texas Penal Code, and as it may be amended. The city records relative to the permit are prima facie evidence of the contents of the record.
If the erosion control devices have been properly installed and maintained, but the intent of this article or the approved final plan (maintaining sediment on-site) is not met, the property owner/responsible party shall take action within 24 hours to control soil eroding from the site and clean up any sediment and shall have one week to comply with this article and/or submit a new erosion and sediment control plan. Work may continue during the review period. Implementation of BMP and/or this plan will be required within 24 hours of the plan's approval by the engineering division, the public works operations manager or the building official. If no plan is submitted within one week, then construction activities shall be halted until a new plan is submitted and approved.
(b) 
Violation and penalties.
(1) 
No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any term of this article.
(2) 
Any owner of a site of construction activity, whether or not he/she is an operator, is jointly and individually responsible for compliance with the requirements in this article.
(3) 
Any contractor or subcontractor on a site of construction activity, who is not an owner or operator, but who is responsible under his/her contract or subcontract, for implementing a best management practices control measure, is jointly and individually responsible for any willful or negligent failure on his/her part to adequately implement that control measure.
(4) 
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this article is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than $2,000.00 for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this article shall be required to bear the expense of such restoration.
(Ordinance 3070, § 1, adopted 9/28/2009)
(a) 
Upon issuance of a certificate of occupancy and/or upon the establishment of permanent ground cover on a lot, the developer, owner, or builder shall submit a notice of termination to the TCEQ and a copy of such notice of termination to the engineering division, the public works operations manager or the building official.
(b) 
Upon submission of the notice of termination or upon request of the engineering division, the public works operations manager or the building official, all temporary erosion control devices shall be removed. Any erosion control devices that remain on site will subject the property owner, builder, permittee, or responsible party to the same fine and provisions indicated in subsection 102-338(b)(4).
(Ordinance 3070, § 1, adopted 9/28/2009)