This section shall apply to all subdivisions which are proposed for development; are existing and require additional grading; or are single lot subdivisions (platted or unplatted) which are proposing excavation or fill.
A. Definitions.
1. Clear-cutting -The removal of all trees or a significant majority of the trees within an area of land.
2. Conceptual grading plan -A topographical map of the subdivision with sufficient perimeter area to provide a clear definition of the initial elevations, watercourses, and drainage patterns. In addition, the plan includes proposed flow arrows, cross-sections and spot elevations sufficient to control the magnitude of excavation and fill. The plan must be sealed and signed by a registered professional engineer licensed by the State of Texas.
3. Excavation -The removal of turf, soil, rock or weeds such that the surface is six inches lower than the initial elevation.
4. Fill -The deposition of rock, concrete, soil or sod such that the cumulative thickness of all materials is equivalent to six inches or greater.
5. Final grading plan -A topographical map of the subdivision with sufficient perimeter area to provide a clear definition of the initial elevations, watercourses and drainage patterns. In addition, the plan includes one foot contours, spot elevations and flow arrows. The plan is in sufficient detail and scale to determine limits and depths of excavation or fill. The plan must be signed and sealed by a registered professional engineer licensed by the State of Texas.
6. Grading -The movement of dirt, top soil, grass, native material, brush, trees, landscaping or other forms of surface material which will result in a long term difference of six inches or greater from the initial elevation.
9. Protected tree -Any self supporting woody perennial plant which has a caliper of four inches or more when measured at a point of 4.5 feet above ground level and which normally attains an overall height of at least 15 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks.
10. Selective thinning -Thinning should include selective clearing of undesirable trees to allow unrestricted growth of young vigorous trees, especially hardwoods. Fifty to 60 percent shade is more desirable and conducive to all activities. Dense shade is the least desirable. On densely wooded properties selective thinning may be used to accomplish a required tree survey on the property.
B. Unplatted multilot subdivision.
When a multilot subdivision has been proposed for platting and the final plat has been approved by the planning and zoning commission, but has not yet been approved by the city council, the following provisions shall govern the excavation and fill process.
1. A conceptual grading plan shall be submitted to the public works department. The plan will be reviewed for consistency with city ordinances and policies. If the concept is approved, a 30-day permit will be issued to allow grading to begin.
2. The process must be inspected by a public works department representative and all fill shall be tested for compaction.
3. Areas which fail the compaction tests shall be excavated, the material replaced (or new material imported, depending on moisture content) recompacted and retested.
4. Areas which have been filled without adequate compaction tests or without inspection by a city representative shall be considered as areas which have failed the compaction tests.
C. Platted multilot subdivision.
When a multilot subdivision has been platted in accordance with the existing subdivision ordinance and the plat has been filed with the county, the following provisions shall apply.
1. A final grading plan shall be submitted to the public works department. The plan will be reviewed for consistency with city ordinances and policies. If the plan is approved by the public works department, the applicant will be allowed to begin the excavation and fill process.
2. The process must be inspected by a city representative and all fill shall be tested for compaction.
3. Areas which fail the compaction tests shall be excavated, the material replaced (or new material imported, depending on moisture content) recompacted and retested.
4. Areas which have been filled without adequate compaction tests or without inspection by a city representative shall be considered as areas which have failed the compaction tests.
5. Areas of a multilot subdivision which are not graded at the same time as the rest of the subdivision will be required to comply with the provisions of a single-lot subdivision.
D. Single-lot subdivision.
All single lot subdivisions shall be required to obtain a grading and excavation permit as required by the current North Richland Hills Building Code. Note that a single-lot subdivision shall be considered multilot if the subject parcel and any adjacent parcels are owned by the same individual or entity.
E. Revised grading.
In all situations where the foot print of the building exceeds the pad shown on the approved grading plan, a revised plan shall be submitted to the public works department.
F. Testing.
All compaction shall be tested by an approved soil testing laboratory.
1. The testing facility must maintain a current permit with the public works department. A sample application is included in the Appendix. The public works department may disallow any and all firms which cannot or refuse to meet the minimum criteria established in the application.
2. All fill must be compacted to 95 percent Standard Proctor Dry Density.
3. Samples shall be taken at the rate of one per six inch lift per 500 cubic yards of fill, or; one per lot, whichever is greater.
G. Slopes.
Slopes created by excavation or fill shall not exceed four horizontal to one vertical.
H. Tree preservation.
Chapter
114, Article II "Trees" of the North Richland Hills Building & Land Use Regulations contains complete criteria and regulations for tree preservation. This section only identifies applicability.
1. Tree preservation applies to real property as follows:
a. All vacant and undeveloped property.
b. All property to be redeveloped, including additions and alterations.
c. All easements and rights-of-way, except those included in a preliminary plat approved by the planning and zoning commission shall meet the terms and provisions of this article.
d. The yard areas of all developed property, excluding developed single-family residential property.
2. Protected trees.
a. A "protected tree" is any tree that has a trunk caliper of four inches or more, as measured 4.5 feet above natural grade level.
b. Protected trees shall not include the following species:
Black Willow - (Salix nigra) |
Bois d'Arc (Maclura pomifera - female only) |
Cottonwood - (Populus deltoids) |
Chinaberry - (Melia azeoarach) |
Hackberry - Celtis occidentalis laevigata) |
Honeylocust - (Gleditsia triacanthos) |
Mesquite - (Prosopis glandulosa) |
Mulberry - (Morus alba) |
Tree of Heaven - (Ailanthus altissima) |
3. If the Tree Preservation Ordinance applies to a property, a tree survey shall be submitted with the construction plans. The tree survey shall identify protected and unprotected trees with their respective caliper and species, trees to be removed, and the means that the protected trees shall be replaced. Trees shall be replaced by new plantings or by payment into the Re-Forestation Fund in accordance with Ordinance No. 2422, Section 700.
I. Erosion control.
1. A separate two-year Erosion Control Maintenance Bond in the amount of 100 percent of the installation costs for the proposed erosion control measures must be provided prior to beginning any grading activities or construction of public infrastructure improvements.
2. Silt fences shall include wire mesh backing on the down stream side and be supported by steel posts.
3. A minimum of one roll width of Curlex matting (or approved equal) is to be placed at the back of curb following the parkway grading.
4. All areas disturbed during construction, including areas outside the construction boundary, are to be seeded, hydromulched, or sodded to re-establish vegetation.
J. Stormwater pollution prevention plan.
1. The Texas Commission on Environmental Quality (TCEQ) issued the Texas Construction Storm Water General Permit (CGP) that regulates the storm water discharge from construction sites one acre or larger. Stormwater discharge is defined in this document as discharge from construction activity including clearing, grading and excavation, and construction materials or equipment storage or maintenance, or other industrial storm water directly related to the construction process.
2. The CGP requirements set forth below apply to construction sites disturbing more than five acres:
a. Prepare stormwater pollution prevention plan (SWP3).
(1) Components of SWP3.
(a) Site description.
[1] Project type (e.g., office park), total acres disturbed.
[2] Runoff coefficient before and after project.
(b) Site plans.
[2] Location of borrow and fill areas.
[3] Location of equipment, material, chemical, waste, and fuel storage areas.
[4] Outfall locations (where runoff leaves property).
[5] Location of physical controls (retention ponds, field outlets, silt fence).
(c) Name of receiving water and city.
(d) Wetlands/endangered specifies/habitats.
(e) Historic registry properties affected.
(f) Description of erosion control/sediment controls to be installed and responsible party.
(g) Sequence of major construction phases, estimated and actual dates.
(h) Structural control maintenance - responsible parties.
(i) Identify non-stormwater discharge (e.g., landscape watering).
(j) Identify industrial stormwater discharges (e.g., dedicated concrete plant).
(k) Best management practices (BMPs) for material stockpiles, chemical storage, and waste disposal.
(l) Inspections.
[1] Designate individual(s) who will conduct inspections (must be qualified individual or other person under supervision of qualified individual).
[2] Inspection and corrective action summary forms/reports.
[3] Regularity of inspections (once per week or every two weeks and after 0.5 inch rain event).
b. Post sign at construction entrance.
(1) File notice of intent (NOI).
(a) Must be filed by operator with day to day authority to direct construction activities, to make changes to the design of the stormwater controls or to specify the BMPs to be implemented.
(b) The CGP requirements for construction sites between one - five acres or less than one acre but is part of a common plan of development disturbing one - five acres does not require filing the notice of intent.
c. Designate and identify qualified individual(s).
d. Implement SWP3.
(1) Implement all physical controls, BMPs, inspections, and control maintenance.
(a) Erosion/sediment controls.
[1] Flow diversion - dikes, swales, pipe slope drains, concrete flume.
[2] Surface flow management - silt fence, straw bale berm, soil retention blanket.
[3] Permanent drainage - storm sewer drain inlets, culverts, drain pipes.
[4] Sediment traps - retention pond, rip-rap barrier, filter fence.
[5] Source controls - vehicle tracking, stockpile berms, fuel storage/transfer, equipment maintenance, dust control, sanitary waste.
[6] Dewatering - sump pit, settling basin, lift station.
(2) Best management practices (BMPs).
(a) Vehicle tracking offsite.
[2] Inspect vehicles prior to departure.
[3] Wash off vehicle in designated area.
[4] Collect wash water, discharge to sanitary sewer or trap in retention pond.
[5] Use large gravel at construction entrances and heavily traveled internal roads.
(b) Stockpile management.
[1] Keep pipe, rebar, parts and construction material stockpiles organized.
[2] Confine stockpiles or berms.
[3] Keep amount on site as small as reasonable possible.
(c) Controls maintenance.
[1] Inlet protection barriers free of silt buildup.
[2] Replace/clean gravel and rip-rap stone.
[3] Silt fence secure and free of buildup.
[4] Replace straw or sand bag berms.
[5] Repair soil blanket tears.
[6] Remove sediment buildup in retention pond, outfalls.
For a complete list of acceptable BMPs, refer to the latest version of the NCTCOG Reference Manual - Storm Water Quality Best Management Practices Manual for Construction Activities.
e. Update plan as necessary based on inspection findings and project changes.
(1) If modifications to stormwater management, erosion control, or BMPs are required, such changes must be implemented prior to the next anticipated storm event or as soon as possible. If needed, revisions to the SWP3 shall be made within seven calendar days after inspection.
f. File notice of termination when final stabilization is achieved or when operational control ceases.
(1) Stabilization practices include temporary vegetation, preserving existing vegetation, permanent landscaping, mulching, geotextiles, sodding, buffer strips, protection/preservation of trees, erosion control blankets/mats.
(2) Stabilization must be initiated not more than 14 days after construction activities cease or if activities are not planned to resume within 21 days.
(3) Initial stabilization must commence as soon as possible when adverse weather conditions persist beyond 14 days.
(4) Final stabilization is defined as at least 70 percent vegetative cover in all areas.
3. For sites disturbing between one and five acres, all CGP requirements apply, except filing a notice of intent (NOI).
4. A complete copy of this documentation (as required by the state) must be submitted either by the developer's engineer during plan approval or by the contractor after the construction plans are approved. This information must be submitted to the city prior to scheduling a pre-construction meeting. The city construction inspectors will make periodic reviews of the required maintenance schedules as outlined in the SWP3.
5. The erosion control standards described within this section are an outline of the state requirements set forth in the construction general permit issued by TCEQ. The engineer/contractor should contact TCEQ for the application and complete details of the CGP.
(Resolution 2007-012, adopted 2/26/2007)