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AN ORDINANCE AMENDING THE CODE of ORDINANCES of THE CITY
OF I ENNEDALE, TEXAS (1991), AS AMENDED, BY ADDING ARTICLE III
"EROSION AND SEDIMENT CONTROL" To CHAPTER 17 "PLANNING AND
LAND DEVELOPMENT" To REQUIRE A SEDIMENT CONTROL PLAN! FOR
CERTAIN CONSTRUCTION OR LAND-DISTURBING ACTIVITIES;
PROVIDING FOR REQUIREMENTS, REVIEW, INSPECTION AND
ENFORCEMENT OF THE PLAN; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE of ALL ORDINANCES; PROVIDING A PENALTY
FOR VIOLATIONS of THIS ORDINANCE; PROVIDING A BEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE, PROVIDING FOR
PUBLICATION, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of I ennedale, Texas (the "City" is a home rule city acting under
its charter adopted by the electorate pursuant to article X1, Section 5 of the Texas
Constitution and chapter 9 of the Local Government Code; and
WHEREAS, during the construction process, soil is highly vulnerable to erosion by
grind and water and eroded soil endangers grater resources by reducing grater quality and
causing the siltation of aquatic habitat for fish and other desirable species; and
WHEREAS, eroded soil also necessitates the repair of sewers and ditches and the
dredging of lakes; and
WHEREAS, the City desires to promote the public welfare by guiding, regulating, and
controlling the design, construction, use, and maintenance of certain construction or land-
disturbing activities that disturbs or breaks the topsoil or results in the movement of earth or
land in the City.
Noll, THEREFORE, BE ORDAINED BY THE CITY COUNCIL of THE CITY of
KEN E N DALE , TEXAS THAT:
SECTION 1.
Chapter 17, "Planning and Land Development" of the City of I ennedale Code of
Ordinances (1991), as amended, is hereby amended by adding a new Article III entitled
{Erosion and Sediment Control" to read as follows:
FAI
Sec. 17 -42, - Purpose.
During the construction process, soil is vulnerable to erosion by grind and water.
Ended soil endangers water resources by reducing water quality and causing the siltation of
aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of
sewers and glitches, and the dredging of lakes. In addition, the clearing of land and grading
during construction causes the loss of native vegetation necessary for terrestrial and aquatic
habitat.
As a result, it is the purpose of this Article to preserve natural resources, protect the
quality of the waters of the state of Texas and the City, and protect and promote the health,
safety and welfare, and to provide a healthy living environment for citizens of the City of
Kennedale (the "City"), to the extent practicable, by minimizing the amount of sediment and
other pollutants carried by runoff or discharged to lakes, streams and wetlands because of
construction or land - disturbing activities,,
Sec, 17-432 - Definitions.
When used in this Article, these terns shall be defined as follows:
Below ground installations means activity that causes excess sediment laden water,
concrete sawing gash water, gash water or drilling mud pumped from an excavation or
structure and shall be treated as sediment laden runoff for erosion and sediment control
purposes.
Construction activity means construction activity that requires a right -of -way or building
permit.
Director means the City Manager or his /her designee.
Erosion and Sediment Control Plan or means a site plan with necessary details,
shoring the property where construction or land - disturbing activities will take place that
W
ndicates the locations and types of structures, devices, procedures and practices to be used
to control erosion and sedimentation.
Erosion and Sediment Control Manual means the North Central Texas Council of
Governments N T O ) integrated Storm water Management (ISWM) Technical Manual of
Construction controls, as amended from time to time and as may be modified by the City.
current copy of the Manual shall be kept on file in the office of the Department of
Development Services and may also be obtained from NTCO.
Final approval means completion of a project, site or building in accordance with city
of Kennedale requirements and ordinances. In the case of a building, a certificate of
Occupancy is issued.
Land-disturbing activity means any activity, including but not limited to excavation,
planting, tilling, and grading, which disturbs the natural or improved vegetative ground cover
and exposes soil to the erosive forces of rain, storm grater runoff or wind. Installation or
maintenance of franchise utilities, such as telephone, gas, electric, etc., is considered a land -
disturbing activity. Farming or ranching activities are considered land - disturbing activities.
Off-site borrow area means a source of earth fill material used in the construction of
embankments or other earth fill structures, that is located on another parcel of property other
than the principal construction site.
Off- site sedimentation means deposit of soil material beyond the limits of the property
undergoing construction or land - disturbing activities or in public streets, alleys or drainage
facilities in an amount sufficient to constitute a threat to public safety and comfort,
Off -site spoil area means an area on another parcel of property, other than where the
principal construction is occurring, where excess earth, rock or construction material is
disposed of.
Permanent erosion and sediment control measures means devices or practices
installed prior to final approval and maintained after final approval to prevent or minimize the
erosion and deposit of soil materials. Such measures may include, but shall not be limited to,
permanent seeding, sod, storm drain channels, channel linings, storm drain pipes, outlet
velocity control structures and storm water detention structures.
Permanent ground cover means permanent vegetative cover on all bare sail areas of a
property not covered by a permanent structure or landscaping improvements, ents, including but
not limited to, live sod, perennial grasses or other materials which lessen runoff and soil
erosion on the property.
Phased occupancy means use or inhabitation of a single structure or other portion of a
project as such structure or portion thereof is completed, but before the project as a whole is
fully completed and finally approved by City.
Related lard area includes the property where the principal construction or land-
disturbing activities is taking place, all adjacent property, off -site borrow areas, off -site spoil
areas, off -site properties necessary for required utility extensions, and off -site areas for
required street improvements.
Responsible party means a business entity, franchised utility company, developer,
property owner, contractor or holder of a building permit who is required to comply with the
terms of this Article.
Staging area means an on -site or off -site location used by a Contractor to store
materials for a project, to assemble portions of equipment or structures, to store equipment or
machinery, to park vehicles, or for other construction related uses.
Stop work order means the suspension of all city permits with no approvals or
inspections of work for the site or project being performed
Storm Water Pollution Prevention Plan ("SWP3" or "SWPPP ") is a plan of activities
that includes an erosion and sediment ent control plan and SWP3 document that includes
procedures to install, operate and maintain erosion, sediment and other construction pollutant
controls in full compliance with the requirements of Texas Commission on Environmental
Quality (TCEQ) Texas Pollutant [discharge Elimination System (TPDES) General Permit
TXRI 50000.
Temporary erosion and sediment control measures means devices installed or
practices implemented and maintained during construction or land - disturbing activities to
prevent, minimize or control the erosion and deposit of soil materials.
See, -44. - Erosion and sediment control Plan Required.
(a) Application of Regulations Regardless of a property's size, a Responsible Party
engaging in construction or land - disturbing activities shall prepare an Erosion and Sediment
Control Plan ("Plan") and submit that Plan to the Director for approval unless the Responsible
Party is granted a waiver under Section 17-47(b). This Article shall apply regardless of
whether a Responsible Party is required to obtain a permit from the City or a State agency to
conduct construction or land - disturbing activities.
(b) Liability of Third _Reset «s . The Responsible Party shall be hold liable for violations of
this Article committed by third parties performing work on behalf of the Responsible Party
related to the Responsible Party's construction or land - disturbing activities.
(c Plan Implementation and compliance Prior to beginning any construction or land- -
disturbing activities, a Responsible Party shall implement and maintain the erosion and
sediment. control measures shown on its approved Plan in a manner that minimizes the
erosion and the transport of silt, earth, topsoil, etc., beyond the limits of the Responsible
Party's site onto City streets, drainage easements, drainage facilities, storm drains or other
City property due to water runoff, construction, or land - disturbing activities.
See. 17 -450 - Plan Review and General Requirement&
(a) Plan Review The Director shall review each Plan required by this Article shall to
ensure the Plan clearly identifies all erosion and sediment control measures to be installed
and maintained throughout the duration of the activity or project.
(b) Erosion and Sediment Control Re uired. The Responsible Party shall install and
maintain erosion and sediment control measures in accordance with an approved Plan, the
Erosion and Sediment Control Manual, and as may be specified in Sections 17-48 and 17 -49
of this Article. Erosion and sediment control measures that are installed but not properly
maintained in accordance with the Erosion and Sediment control Manual are considered a
violation of this Article and may be enforced pursuant to Section 17-51.
(c) ,Inspection of Residential Subdivisions When construction or land - disturbing activities
are conducted on a residential lot or subdivision for which a building permit is required, the
City shall not conduct an inspection until an approved Plan is implemented by the
Responsible Party.
(d) Erosion and sediment Control Measures General guidelines for erosion and
sediment control measures are as follows:
(1) Maximum use shall be made of vegetation to minimize soil loss;
(2) Natural vegetation should be retained wherever possible;
(3) Vegetation used for vegetative cover shall be suitable for local soil and weather
conditions. Ground cover plants shall comply with listings from the Texas
Agricultural Extension Service for North Central Texas;
(4) Stripping of vegetation from project sites shall be phased so as to expose the
minimum amount of area to soil erosion for the shortest possible period of time.
Phasing shall also consider the varying requirements of a Plan at different
stages of construction
( Temporary erosion and sediment control measures should be installed promptly
to minimize soil loss and ensure that erosion and sedimentation does not occur
if inadequate natural vegetation exists or where it becomes necessary to
remove existing natural vegetation;
(6) Erosion and sediment control measures should be implemented prior to any
construction or land- disturbing activities;
( Erosion and sediment control measures shall be used on hillsides to slag
drainage flog rate wherever possible during construction;
( Waste or disposal areas and construction roads should be located and
constructed in a manner that minimizes the amount of sediment entering
strews;
(g) Frequent fording of live streams will net be permitted; therefore, temporary
bridges or other structures shall be used wherever an appreciable number of
strew crossings are necessary;
(10) When work areas or material sources are located in or adjacent to live streams,
such areas shall be separated from the stream by a dike or other barrier to keep
sediment from entering a flooring stream. Care shall be taken during the
construction and removal of such barriers to minimize the sediment transport
into a strew;
01) If preventative measures fail to function effectively, the responsible Party shall
act immediately to bring the erosion and /or siltation under control by whatever
additional means are necessary;
(12) Erosion and sediment control measures shall be placed to trap any losses from
stockpiled topsoil;
( 13) The selection and timing of the installation of erosion and sediment control
measures shall be based upon weather and seasonal conditions that could
make certain controls impracticable;
( Runoff shall be diverted away from construction areas as much as possible.
Sec. 17-46. - Additional Requirements.
(a) Installation of Utilities. Developers, builders, or owners of property shall install all
utilities, including franchise utilities, before final acceptance of a subdivision, property and /or
structure.
(b) Transfer of Property If the responsible Party sells all or part of a residential or
commercial development or subdivision, the purchaser becomes the Responsible Party for
the development or subdivision and is required to comply with the approved Plan and
WPPP, and shall be liable for any violation of this Article, The sale of the development or
subdivision shall be logged within the SWPPP Dept at the project site along with written proof
of transfer of a development or subdivision.
(c) Off site Borrow, oil and Staging Areas. Where applicable, off- site borrow areas,
spoil areas and construction staging areas shall be considered part of the project site and
shall be governed by this Article,
(d) Related Land Areas. The erosion and sediment control regulations of this Article shall
apply to all related land areas. Additionally, when construction or land - disturbing activities
occur, all disturbed land areas related to a project must have permanent erosion and
sediment control measures established before final occupancy of structures or final
acceptance of a subdivision may be permitted. This Section applies whether or not a
Responsible Party must obtain a building permit from the City.
(e) Befog Ground Installations. All discharges resulting from below ground installations
shall be passed through approved erosion and sediment control measures or removed from
the site and properly disposed of.
Sec. 17-47, - Exception to Plan requirement.
(a) ,Land Loss Than I Acre but Part of a Lamer Common Plan or Sale Consistent with
TCEQ TDPES General Permit T R1500oo, a Responsible Marty engaging in construction or
land - disturbing activities that are or smaller than one acre is required to prepare a Plan and
submit it to the [director for approval and implement erosion and sediment control measures if
the property is part of a lamer common plan of development or sale.
(b) Land Less Than 1 Acre but Not hart of a Larger Common Plan or Sale Activities less
than one acre that are not part of a larger common plan of development or sale may petition
the Director for a waiver from the Flan submission requirement and the implementation of
erosion and sediment control regulations. A waiver may be granted if, in the Director's
opinion, the proposed construction or land - disturbing activities would not cause pollutant
runoff, erosion or offsite sediment discharge.
See. 17 -48., - occupancy of Non- residential and Multi-Family Construction,
(a) occupan When construction or land - disturbing activities are conducted as part of a
non- residential or multi- family construction project, permanent erosion and sediment control
measures shall be established prior to the occupancy of any non- residential or multi-family
structure.
(b Phased occupancy When construction or land - disturbing activities are conducted as
part of a non- residential or multi-family construction project, phased occupancy will be
allowed only when the project has no outstanding violations of this Article.
Sec. 17-49. - Residential Lots and subdivision construction.
(a) Final Acce tance of Residential Subdivision. When construction or land - disturbing
activities are conducted as part of a residential subdivision construction project, a
Responsible Party shall `install all necessary permanent erosion and, sediment control
measures, and when applicable, temporary erosion and sediment control measures, before
final acceptance of a subdivision, property and /or structure.
(b) Exception to Installation Reguir ment Notwithstanding Section 17- 49(a), at the
Director's discretion, a subdivision, property and/or structure may be accepted without the
installation of erosion and sediment control measures if perennial vegetative cover is actively
growing.
(c) Maintenance of Temporary Measures _Reguired When construction or land - disturbing
activities are conducted on a residential lot or subdivision for which a building permit is
required, the Developer, builder, or owner shall continue to maintain all temporary erosion
and sediment control measures until permanent erosion and sediment control measures are
established on lots for which a building permit has not been issued.
(d Removal of Temporary Measures Upon establishing permanent ground
cover on a lot, all temporary erosion and sediment control measures shall he removed.
Sec. 17-50. - Farming and Ranching Activities.
Prior to beginning any construction or land - disturbing activities, a Responsible Party
that engages in construction or land - disturbing activities for farming and ranching purposes
shall submit a Plan to the Director for approval. The approved Plan shall be implemented and
erosion and sediment control measures shall be maintained as specified in the Flan. A
Responsible Party engaging in farming or ranching activities shall comply with all other
general requirements of this Article.
Sec. 17 -51. - Enforcement.
(a) violations. It shall be an offense for a Responsible Party or a thin party performing
work on a project to violate any of the requirements of this Article, including, but not limited to,
the following:
1 conducting any construction or land - disturbing activities without an
approved Plan for the location where the violation occurred.
(2) Failing to install or maintain erosion and sediment control measures
throughout the duration of construction or land - disturbing activities
pursuant to the approved Plan for the location where the violation occurs.
( Failing to remove off -site sedimentation that is a direct result of
construction or land- disturbing activities where such off -site
sedimentation results from the failure to implement or maintain erosion
and sediment control measures as specified in an approved Plan for the
location where the violation occurs.
( Allowing sediment laden grater resulting from below ground installations
to flog from a site without being treated through an erosion and sediment
control measure.
(5) Failing to repair damage to existing erosion and sediment control
measures, including the replacement of existing grass or sod.
(b) Notice of violation. The Director shall provide written notice of violation ("Notice ") to
the Responsible party or their job site representative identified in the Plan. The Notice shall
identify the nature of the violation and the action required to obtain compliance with the
approved Plan, including any sediment clean -up, erosion and sediment control device repair,
erosion and sediment control device maintenance and /or installation of additional erosion and
sediment control devices to prevent re- occurrence of the violation.
(c) Stop .,Work order The Responsible Party who has received Notice shall have twenty-
four (24) hours to bring their erosion and sediment control measures into compliance with the
approved Plan for the site. The 24-hour period may be extended for inclement Breather or
other factors at the discretion of the Director. At the end of the twenty-four (24) hour period,
the Director shall re- inspect the site. if the erosion and sediment control measures at the site
have not been brought into compliance with the approved Plan, the Director may issue a Stop
Work order and issue a citation for each violation of this Article. To obtain a re- inspection for
removal of the Stop Work Order, a request for re- inspection must be submitted and a re-
inspection fee as set by the City, shall be paid.
(d) Renalt . Any person firm, or corporation violating any of the provisions or terms of
this Article shall be deemed guilty of a class C misdemeanor and, upon conviction thereof,
be subject to a fine not exceeding five hundred dollars ($500) for each offense, and each and
even day such violation shall continue shall be deemed to constitute a separate offense.
(e) remedies Nonexclusive. The remedies provided for in this Article are not exclusive
of any other remedies available to the City under state or federal lair or other city
ordinances. The City may take any, all, or any combination of these actions against a violator.
The City is empowered to take more than one enforcement action against any violator, which
may be taken concurrently.M
SECTION 2.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and of
the I ennedale city code (1991), as amended, including but not limited to all ordinances of
the city of I ennedale affecting construction or land - disturbing activities, and shall not repeal
any of the provisions of such ordinances except in those instances where provisions of such
ordinances are in direct conflict with the provisions of this Ordinance.
SECTION 3.
sEVERAEILITY CLAUSE
It is hereby declared to be the intention of the city council that the phrases, clauses,
sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Ordinance, since the sane would have been enacted by the
City council without the incorporation in this Ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 4.
SAVINGS CLAUSE
All rights and remedies of the City of Iennedale are expressly saved as to any and all
violations of the provisions of the Kennedale city Code (1991), as amended, or any other
ordinances regarding construction or land - disturbing activities that have accrued at the time
of the effective date of this Ordinance; and, as to such accrued violations and all Pending
litigation, both civil and criminal, whether pending in court or not, under such ordinances,
same shall not be affected by this Ordinance but may be prosecuted until final disposition by
the courts.
SECTION 5,
PUBLICATION
The City Secretary of the city of lennedale is hereby directed to publish the caption,
penalty clause, publication clause and effective date clause of this ordinance in the official
newspaper of the city of I ennedale as provided by Section 3.10 of the City of l ennedale
Charter.
SECTION 6.
EFFECTIVE ELATE
This Ordinance shall be in full force and effect from and after its passage and
publication as required by law, as it is so ordained.
PASSED AND APPROVED ON THIS 14 DAY of JULY, 2011
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Bryan Lankhorst, Mayor
ATTEST:
Amethyst G. COno, City Secretary
APPROVED AS TO FORM AND LEGALITY:
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City Attorney