HomeMy WebLinkAboutORD 1987-045 CITY OF GRAPEVINE, TEXAS
ORDINANCE NO. 87-45
AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS
ADOPTING AN EROSION AND SEDIMENTATION
CONTROL ORDINANCE DESIGNED TO MINIMIZE
EROSION AND SEDIMENTATION FROM PRIVATE
PROPERTY ONTO PUBLIC PLACES AND PUBLIC
RIGHTS-OF-WAY; PROVIDING THE PURPOSE AND
� SCOPE OF THE ORDINANCE; PROVIDING FOR THE
OFFENSE OF FAILING TO PREVENT A PUBLIC
i EROSION NUISANCE; PROVIDING NOTICE
�'`""' PROVISIONS; PROVIDING A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200 . 00� FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR THE DUTIES OF THE
CITY AND THE RESPONSIBILITIES OF THE OWNER;
PROVIDING FOR AN EROSION AND SEDIMENTRTION
CONTROL PLAN TO BE SUBMITTED BY DEVELOPERS;
PROVIDING FOR SURETIES TO BE PROVIDED BY
DEVELOPERS; PROVIDING FOR STOP WORK ORDERS
TO BE ISSUED FOR VIOLATIONS; PROVIDING FOR
INJUNCTIVE RELIEF AND PROVIDING AN EFFECTIVE
DATE AND DECLARING AN II�RGENCY
WHEREAS, the City of Grapevine has experienced
substantial and significant soil erosion and sedimentation
problems caused by large quantities of earth being displaced
from private property on to public streets, gutters, sidewalks,
drainage easements, storm drains, and other public places and
rights-of-way; and
WHEREAS, erosion is a dangerous activity that
contaminates water supplies and water resources and leads to
sedimentation of silt, mud, and other similar debris; and
WHEREAS, excessive sedimentation clogs watercourses,
drainage easements, and storm drains, and causes flooding which
results in substantial damage to public and private lands; and
WHEREAS, this ordinance presents the minimum requirements
necessary to protect against erosion and sedimentation problems .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GR.APEVINE, TEXAS:
Section 1 . Appendix F of the Code of Ordinances, City of
Grapevine, Texas, is hereby promulgated and added to the
Appendices found in the Code of Ordinances, City of Grapevine,
Texas, and shall read as follows :
"EROSION AND SEDIMENTATION
CONTROL ORDINANCE
� ARTICLE I
� Section A. Adoption and Title. This ordinance is hereby
��,,,,,, adopted and shall be known as the "Erosion and Sedimentation
Control Ordinance" of the City of Grapevine, Texas .
Section B. Findinqs of Fact . The City of Grapevine has
in the past experienced significant soil erosion and
sedimentation problems . Large quantities of earth have been
displaced from private property on to the public streets,
gutters, sidewalks, alleys, drainage easements, storm drains ,
and other public places, access easements, public easements,
and public rights-of-way. Erosion is a dangerous activity in
that it contaminates water supplies and water resources .
Excessive sedimentation clogs watercourses, drainage easements,
and storm drains, and causes flooding which results in
substantial damage to public and private lands . These problems
result in a serious threat to the health, safety, and general
welfare of the community.
,,,� Section C. Statement of Purpose. This ordinance sets
forth the minimum perfor.mance standard necessary to protect
against erosion and sedimentation problems within the City of
Grapevine and to establish the various public and private
responsibilities for providing this protection. It is the
intent of this ordinance to set forth performance standards by
which all erosion and sedimentation controls must, at a
minimum, meet . It shall be the duty and responsibility of all
persons, firms, or corporations to which this ordinance
applies, to design and implement erosion and sedimentation
control measures which meet the performance standards contained
in this ordinance. Further, it is the purpose of this
ordinance to:
1 . Protect human life, health, and property;
2. Minimize expenditures of public money for cleaning
sediment out of streets, sidewalks, storm drains ,
and watercourses;
3 . Insure that those who expose soil to possible
erosion losses are minimizing those soil losses;
4 . Preserve the natural beauty and aesthetics of the
community;
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5 . Establish a reasonable standard of performance by
which erosion and sediment control measures may be
'�a'�` judged; and
6 . Prevent the pollution of streams, ponds and other
watercourses by sediment .
Section D. Scope of Authority. The provisions of this
ordinance apply to:
1 . Any person, firm, corporation, or business
proposing to develop land or improve property
within the City of Grapevine;
2 , Any person, firm, corporation, or business
currently developing land or improving property
within the City of Grapevine; and
3 , Any person, firm, corporation, or business who
owns, possesses, is in custody of, or exercises
control of, property within the City of Grapevine.
This ordinance applies to individual building structures,
�.--r subdivisions, excavations and fill operations, all development ,
and all other similar development activities .
Section E. Related Ordinances . Besides this ordinance,
�"°'° the City of Grapevine has other ordinances , regulations and
specifications possibly affecting erosion and sedimentation
control . In the event of a conflict between this ordinance,
and any other ordinances of the City of Grapevine, the most
restrictive ordinance shall govern.
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ARTICLE II
Section A. Lands to Which this Ordinance Applies . All
lands within the City of Grapevine are subject to the
provisions of this ordinance.
Section B. Offense of Failinq to Prevent a Public
Erosion Nuisance. It shall be unlawful for any corporation who
owns, possesses, is in custody of, or exercises control of,
property to fail to prevent a public erosion nuisance from
occurring on said property. A public erosion nuisance is a
situation in which erosion of, or sediment from, one location
is causing a ' bothersome or unsightly condition on public
property and public rights-of-way. A bothersome or unsightly
condition or burden includes silt, mud, or similar debris
originating from one property but being deposited onto a
second, off-site property, which is public property or a public
right-of-way, in which the City of Grapevine may have to remove
or clean up the deposit due to liability, statutory, aesthetic,
drainage, or property damage concerns . Examples include, but
are not limited to :
1 . Excessive sedimentation in storm drains, drainage
easements, and watercourses caused by erosion; and
2 . Excessive sedimentation on public streets,
sidewalks, alleys, easements and other
rights-of-way caused by erosion.
It is not a violation of this ordinance if erosion and
sedimentation occurs upon private property and is deposited
upon private property. Only erosion and sedimentation which
impacts upon public property and public rights-of-way are
governed by this ordinance.
Section C. Notice Provisions . It shall be the duty of
� the Director of Public Works or his designee to give
forty-eight hours (48 hrs . ) notice, in writing, to the owner or
agent in charge of any premises believed to be in violation of
this ordinance, to correct the public erosion nuisance and to
clean up and remove the offending and burdensome sedimentation. "
However, in the event that the Director of Public Works
decides, in his judgment, that the situation believed to be in
violation of this ordinance poses a substantial and immediate
threat to the public health, safety, and welfare of the City of
Grapevine, the Director of Public Works may give such notice as
he deems is necessary and appropriate given the existing
circumstances and conditions, even though said notice is less
than forty-eight hours (48 hrs . ) .
Section D. Penalty Provisions . Any person, firm or
corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction,
shal l be punished by a penalty or f ine not to exceed the sum of
Two Hundred Dollars ($200 . 00) for each offense. Each and every
day such offense is continued shall constitute a new and
separate offense. In addition, the violator shall pay all
costs and expenses involved in the case. Nothing herein
� contained shall prevent the City of Grapevine from taking such
€ other lawful action as is necessary to prevent or remedy any
� violation, and the City of Grapevine shall have the right to
institute an action in District Court to enjoin the violation
of any provision of this ordinance, in addition to the criminal
and administrative penalties contained herein, and the District
Court shall have the power to grant any and all types of
injunctive relief in such cases .
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Public Works shall return the sureties to the
applicant; and
3 . Determining if a stop work order shall be issued
�� ��
and, if so, when the "stop work order shall be
removed from the project or construction, and work
allowed to commence or recommence.
Section B. Responsibilities of Owners . The owner,
�� builder, developer, tenant, or any other person, firm, or
corporation who owns, possesses, is in custody of, or exercises
control of, property shall be responsible for any silt, mud, or
sands transported from the property by drainage. The intent of
� this ordinance is that owners, builders, and developers make
provisions for preventing erosion and sedimentation problems at
such time as their property is proposed for development, use,
or modification, and to continue such preventive measures
during the actual construction and development of the
property. Additionally, all persons, firms, or corporations
who, after construction and development, own, possess, are in
custody of, or exercise control of , the property are
responsible for preventing the erosion and sedimentation
problems addressed by this ordinance.
ARTICLE IV
Section A. Standard for New Subdivisions . In addition
to those requirements for subdivisions found in Appendix B of
the Code of Ordinances, City of Grapevine, Texas, all
applicants for subdivision of land shall submit to the Director
of Public Works an Erosion and Sedimentation Control Plan for
approval prior to the commencement of construction. The
Erosion and Sedimentation Control Plan sha�l be included in the
Engineering Construction Plans .
� No construction may commence until such time that the
Erosion and Sedimentation Control Plan has been reviewed and
� approved by the Department of Public Works .
Section B. Erosion and Sedimentation Control Plan. The
objective of the Erosion and Sedimentation Control Plan is to
prevent public erosion nuisances (See Article II , Section B) .
The prevention of public erosion nuisances can be promoted, in
part, by the following goals :
1 . Reduce sedimentation in streams, creeks, lakes,
waterways, storm drains, etc .
2 . Protect the quality of the water in the City of
Grapevine.
3 . Provide, protect, and preserve wildlife habitat .
4 . Provide for restoration of sites to reduce the
negative environmental impacts of construction
activity.
The following considerations, at a minimum, should be
.�=� addressed in any Erosion and Sedimentation Control Plan
submitted to the Director of Public Works :
1 . Limit the size of disturbed areas to the greatest
extent possible.
2 . Stabilize any disturbed area as soon as possible.
3 . For construction activities in waterways the
following additional requirements must be met .
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A. At the end of each work day the contractor
shall remove all loose excavated material
from all water channels .
B. No construction or fill materials can be
stored within the limits of the channel .
Al1 equipment and materials storage and
staging areas must have erosion controls .
��,� C. Rock berms or sand bag berms shall be used
to entrap sediment .
D. Flooding potential should be considered
�.:w when locating the control measures .
4 . Controls are required to intercept silt from all
disturbed areas .
5 . Keep the velocities of stormwater runoff below the
erosive level .
6 . Protect steep areas and areas disturbed by
development activity from upstream runoff .
7 . Capture and filter/detain stormwater runoff .
8 . Minimize the extent of sediment leaving the
project site.
9 . Reduce flooding hazards and silt removal cost
associated with excessive sediment accumulation in
storm drains and waterways .
10 . Reduce the concentration of stormwater runoff and
� promote sheet flow to the greatest extent possible.
11 . Revegetate all disturbed areas with a rapid,
� - vigorous growth of long-term vegetation composed
of a mixture of grasses, forbs and woody plants .
12 . Provide sedimentation and/or filtration ponds to
maintain and improve water quality.
13 . Erosion control plans should be phased to
accommodate changes in drainage patterns that
occur during development .
14 . Reduce the silt leaving a construction site on the
wheels of construction vehicles by providing
vehicle washing areas and/or stabilized
construction entrances and exits .
15 . Preserve and protect existing vegetation to the
greatest extent possible.
16 . Planning should consider the natural topography
and soil conditions in an attempt to limit the
erosion potential .
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17 . Design erosion/sedimentation controls to harmonize
with the natural character of the land.
"`�' 18 . When storm drain inlets must be protected, a
perimeter filtration dike shall be used
(triangular filtration dike or hay bale dike) .
The above-listed considerations are illustrative only,
and are not to be considered an exhaustive list of the criteria
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an effective Erosion and Sedimentation Control Plan should
address in order to prevent a public erosion nuisance.
It shall be the sole responsibility of the applicant to
prepare and submit an Erosion and Sedimentation Control Plan.
Section C. Effect of approval . It is to be understood
that the approval of an Erosion and Sedimentation Control Plan
by the Department of Public Works does not constitute a
� recognition by the City that the Erosion and Sedimentation
Control Plan will prevent any, or all, public erosion
nuisances . By approval of the Erosion and Sedimentation
�.,�
Control Plan, the City does not warrant that the Erosion and
Sedimentation Control Plan will be sufficient to preven a
public erosion nuisance, and the City waives no rights to
pursue any legal remedies, both under this ordinance, and all
other applicable ordinances and laws .
If for any reason, after an Erosion and Sedimentation
Control Plan is approved by the Department of Public Works, a
public erosion nuisance occurs on property addressed by said
Erosion and Sedimentation Control Plan, the approval of said
Erosion and Sedimentation Control Plan shall not be a defense
or bar to prosecution under this ordinance.
Section D. Warninq and Disclaimer of Liability. The
planning considerations given in this ordinance for erosion
controls rely on a degree of erosion and sedimentation control
and flood protection that is considered reasonable for
regulatory purposes and that is based on scientific,
engineering, and economic considerations . This ordinance does
not imply that erosion and sedimentation controls will survive
inundation by runoff from storms or that land below such
controls will be free from flooding or flood damages . This
� ordinance shall not create liability on the part of the City of
Grapevine, or any officer or employee thereof, for any flood
damages, or erosion or sedimentation damages, whether to
'� ° persons or property, that result from reliance on this
ordinance or any administrative decision lawfully made
thereunder .
Section E. Surety for Permanent Erosion Controls in New
Subdivisions . The applicant shall provide a surety in the form
of cash, certificate of deposit, surety bond, or irrevocable
letter of credit acceptable to the City to insure that
vegetative cover and other permanent erosion control measures
are installed, maintained, and functioning properly at the end
of a two (2) year period from the date of final acceptance of
the dedicated streets and/or utilities by the City of
Grapevine. This surety shall be given to the City before the
final acceptance of the streets and/or utilities . This surety
shall be in the amount estimated by the Developer, which is 100
percent of the cost of constructing and maintaining the
permanent erosion controls for a two-year period. However ,
such estimate is subject to review by the Director of Public
Works and may be rejected, and the surety not accepted, if the
Director of Public Works deems the estimate not to be a
reasonable approximation of the costs of constructing and
� - maintaining the erosion controls .
Should the vegetative cover die or become sparse or the
,�� erosion controls fail to be maintained or are not functioning
during this two-year period, the City may notify applicant in
writing. The applicant has ten (10) days after being notified
to begin correcting the problems . If no corrections are
started, the City may make the necessary repairs by exercising
the surety or billing the applicant . If at the end of the
two-year period the vegetative cover is still not established
or is sparse, or the erosion controls are not functioning, the
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City may exercise the surety and have the erosion controls
installed and established.
The above procedures for ensuring that vegetation is
established shall apply to all projects, whether or not the
vegetation is the long-term maintenance responsibility of the
City. Any vegetative cover which is planted and is a permanent
part of the improvement project will not be accepted by the
City until the growth has been established and maintained by
�,,,,,.,_ the developer for a two (2) year period f rom the date of f inal
acceptance of the subdivision.
After the two-year period has elapsed, the owner of the
'�°-� property shall be responsible for maintaining the erosion
controls in good working order . If any future owner modifies
or disturbs the erosion controls for the area, that owner must
restore or replace the permanent erosion controls at the
conclusion of the disturbing activity.
Section G. Stop Work Orders. All development,
improvement, and construction on any land which is in violation
of the provisions of this ordinance may be halted and stopped
by order of the Director of Public Works . No stop work order
may be issued until the notice provisions of this ordinance
(Article II , Section C) are fully complied with by the City and
the owner or agent of the premises is given a reasonable time
period to correct the public erosion nuisance and to clean up
and remove the offending and burdensome sedimentation. "
Section 2 . That Appendix B of the Code of Ordinances,
City of Grapevine, Texas, shall be amended as follows and all
other chapters, sections, subsections, paragraphs, sentences,
definitions, phrases and words of said Code of Ordinances, are
not amended, but shall remain intact and are hereby ratified,
� verified, and affirmed:
A. That Section 1 of Appendix B shall be amended to
�- � read as follows :
"Sec . 1 . Application for approval required;
def inition.
Whenever any subdivision of land is
proposed to be made and before any contract
for the sale of or any offer to sell such
subdivision or any part thereof is made by
lot numbers and before any permit for the
erection of a structure shall be granted by
the city government to the subdivider, the
owner thereof, or his agent, shall apply in
writing to the city planning commission for
approval of such subdivision. The
application of the subdivider, owner or
agent shall conform to the specifications
outlined in Section 2, Section 3 and Section
7 of these regulations . "
B. That Section 7 be added to Appendix B to read as
�,.,� follows :
"Sec . 7 . Requirements of the Erosion and
Sedimentation Control Ordinance.
All applicants for subdivision of
land shall conform to the provisions of the
Erosion and Sedimentation Control Ordinance
found in Appendix F of the Code of
Ordinances, City of Grapevine, Texas . "
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Section 3. If any section, article, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof
to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such
holdings shall not affect the validity of the remaining portions
of the ordinance, and the City Council hereby declares it would
have passed such remaining portions of the ordinance despite such
invalidity, which remaining portions shall remain in full force
and effect.
�
Section 4. Any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon
�,,, conviction thereof shall be fined in a sum not to exceed Two
Hundred Dollars ($200. 00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
Section 5. The City shall have the right to institute an
action in district court to enjoin the violation of any provision
of this ordinance, in addition to the criminal penalties
contained herein, and the district court shall have the power to
grant any or all types of injunctive relief in such cases.
Section 6 . The fact that the present ordinances and
regulations of the City of Grapevine, Texas, are inadequate to
properly safeguard the health, safety, morals, peace and general
welfare of the inhabitants of the City of Grapevine, Texas,
creates an emergency for the immediate preservation of public
business, property, health, safety and qeneral welfare of the
public which requires that this ordinance shall become effective
from and after the date of its passage and it is accordingly so
ordained.
Section 7 . This Ordinance shall be effective after its
'�'�` adoption by the City Council.
�
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 4th day of Auaust � 1987•
APPROVED:
`►\-
Mayor Pro Tem
ATTEST:
���
Cit Secretary
�
APPROVED AS TO FORM:
� �
City Attorney
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