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HomeMy WebLinkAboutOrdinance 20234-06-2012ORDINANCE NO. 20234-06-2012 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, (1986), AS AMENDED, BY AMENDING CHAPTER 12.5, "ENVIRONMENTAL PROTECTION AND COMPLIANCE" BY ADDING A NEW ARTICLE X ENTITLED "GRADING PERMIT ", SECTIONS 12.5 -874 THROUGH 12.5 -882; ADDING REGULATIONS AND A DEFINITION FOR LAND DISTURBANCE AND REQUIRING A GRADING PERMIT FOR LAND DISTURBANCES OF 0.5 ACRES OR MORE; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the disturbance of land for the purposes of development is not currently addressed in the City's Stormwater Management standards; and WHEREAS, the disturbance of land can create flooding and erosion conditions when done improperly; and WHEREAS, the Stormwater Management division of the City recommends that the City Council adopt regulations to control land disturbance and grading; and WHEREAS, the regulations proposed in this ordinance were presented to the Fort Worth engineering community in a series of five open and publicized meetings in 2010; to representatives of the Fort Worth Consulting Engineers Council on July 6, 2011; and to the Development Advisory Committee on September 20, 2010, October 24, 2010, November 14, 2011, and January 23, 2012; and WHEREAS, the Development Advisory Committee recommended the adoption of these regulations; and WHEREAS, the City Council Committee on Infrastructure and Transportation was briefed on the regulations and the City Council Committee recommended the regulations be placed before the City Council for consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Chapter 12.5, "Environmental Protection and Compliance" of the Code of the City of Fort Worth, is hereby amended by adding Article X "Grading Permit ", Sections 12.5 -K74 through 12.5 -883, to provide regulations tier the disturbance of land. as follows: Ordinance No. 2023-1 -U6 -2012 Paue I of 6 ARTICLE X. GRADING PERMIT Section 12.5 -874. Definition. Commercial Construction shall include all construction activity other than detached single family or two family residences and their associated accessory structures. HUD shall be defined as the United States Department of Housing and Urban Development. . iSWM Manual shall be defined as the latest edition of the Fort Worth Integrated Stormwater Management Criteria Manual. iSWM Plan shall be defined as a stormwater management plan that conforms to the Fort Worth Integrated Stormwater Management Manual. Land Disturbance or Disturbance of Land shall be defined as any construction or other activity caused by a person, which disturbs the surface of the land, including, but not limited to, clearing, grubbing, grading, excavations, embankments, development and /or the moving, depositing, stockpiling, or storing of soil, rock or earth materials. Land Disturbance shall not mean agricultural plowing or tilling, timber harvesting activities, road maintenance activities, routine channel maintenance nor utility maintenance. Section 12.5 -875. Construction of Single Family and Duplex Homes; Exemption from Grading Permits. (a) Grading permits shall not be required for construction of detached single - family or duplex homes. (b) An applicant for a single family or duplex building permit shall submit the grading pattern of the land to be disturbed to the City at the time of application. The applicant shall identify one of the following grading patterns: (1) HUD Type A grading -all drainage to the front, (2) HUD Type B grading- drainage to the front and rear, (3) HUD Type C grading- all drainage to the rear. The applicant will also be required to affirm that these drainage patterns are in conformance with the approved subdivision grading plan if such exists. If the applicant cannot affirm that the proposed grading pattern of the land to be disturbed conforms to one of the aforementioned HUD drainage patterns and an approved subdivision grading plan, if such exists, the Transportation and Public Works Department shall review the proposed lot grading prior to approval of the building permit. Section 12.5 -876. Grading Permit Required Ordinance No. 20234 -06- 1012 Page 2 o1'6 (a) Unless exempt pursuant to Section 12.5 -875, no person may commence with the Disturbance of Land of 0.5 acre or more unless that person has a valid grading permit from the City for such Land Disturbance or an approved current iSWM Plan that shows the proposed Disturbance of Land. The placement of fill material, as defined by Section 12.5 -864 of the City Code, from off -site locations or by multiple parties shall be subject to the registration requirements of Article IX of this Chapter. (b) A person commits an offense if a person causes a Disturbance of Land without a valid grading permit from the City or an approved current iSWM Plan that shows the proposed Disturbance of Land. Such offense shall be punishable by a fine of up to five hundred dollars ($500.00) for each day the Land Disturbance exists without a permit. Section 12.5 -877. Application for a Grading Permit. Applications for a grading permit shall be submitted to the Planning and Development Department. The approval of such permit shall require the consent of the Code Compliance Department, the Urban Forestry Section of the Planning and Development Department, the Water Department and the Transportation and Public Works Department. Section 12.5- 878.Conformance with Stormwater Management Policies. An applicant for a grading permit shall submit grading plans and a drainage study prepared by a professional engineer with the permit application. The Transportation and Public Works Director or his designee shall review these documents for conformance with stormwater design policies contained in the latest edition of iSWM Manual. Design standards and criteria contained in the Stormwater Management Design Manual approved by the City in March, 2006 may, however, be used for storm water infrastructure design for subdivisions approved after June 1, 2006 and before the adoption of this provision of the City Code. Section 12.5 -879: Early Grading Permit. (a) An applicant who intends to only perform earthwork on land, (no infrastructure or building construction) may request a preliminary grading permit prior to satisfying all stormwater management review requirements, once conformance with conceptual grading and drainage requirements have been met as provided for in the iSWM Manual. (b)All grading activities performed under an early grading permit must conform to all other applicable policies including Floodplain Management, Urban Forestry and the Stormwater Pollution Prevention (SWPPP) policies, and shall be done at the risk of owner'developer. Ordinance No. -10234-06-20 1 2 Page 3 cif 6 (c) Any fill material placed in existing or proposed right -of -way must conform to the requirements of the City's Standard Specifications for Street and Storm Drain Construction. If testing and certification is not performed in conjunction with city infrastructure inspection, the City may require the same by an independent soils laboratory and /or removal of the fill material at the expense of the applicant. Section 12.5 -880. Final Grading Certificate. A Final Grading Certificate certifying that all grading and related stormwater infrastructure construction have been completed in substantial compliance with this Article X and the approved grading permit must be prepared by the land owner or owner's representative and submitted to the Transportation and Public Works Department prior to the issuance of a certificate of occupancy for all commercial building permits involving a Land Disturbance greater than 0.5 acres. Section 12.5 -881. Permit Fees. (a) For all Land Disturbances involving 0.5 acres or more where there is no current approved iSWM plan, a fifty dollar ($50) permit fee shall be assessed to the applicant. The City Council may change this fee from time to time. No permit fees shall be charged for commercial buildings which have an approved current iSWM plan. (b) No permit fees will be charged for grading permits associated with public infrastructure construction. (c) No fees will be charged for review of information concerning grading patterns for detached single - family or duplex residences pursuant to Section 12.5 -875. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared Ordinance No. 20234 -06 -2012 Page 4 of 6 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 same 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. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the Code of Fort Worth which 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 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. Ordinance No. 20234 -06 -2012 Page 5 of 6 SECTION 7. This ordinance shall take effect on August 1, 2012. APPROVED AS TO FORM AND LEGALITY: By: Christa R. Reynolds Sr. Assistant City Attorney ADOPTED: June 5, 2012 Ordinance No. 20234 -06 -2012 Page 6 of 6 City of Fort Worth, Texas Mayor and Council Communication �. ••e y�"S&Y ..�.m �.��a ....\ i 2� „w N.l� . �_�. �"�,.4i .. a >.a � A�.:.v_ � ��.e`..a� \�.��z&_ .... ,'a "�. .�. Rv <>,. �.A� ...: �Yi __ ��l e. rt'.NiP x.�..B�.wWi.�2Y.?Y.a�EYAn av ..., ��a�kka'a COUNCIL ACTION: Approved on 6/5/2012 - Ordinance No 20234 -06 -2012 .:�� ... \... \w..�.:.. .... �,.... ... > �.0.'.':'�� ...@ v,�, • � . _��o"..a .. �i � ., a o \�C4 __ :� .. � �a'�cte�A'.h:' ... � : •.�a4'. , ,ry .. �d� �. w >:'.� AR�"�e�M .::�: a� ..... � , _ a >`::'.: �w8'sa�.'v -, .. ...., o :°�F�.c ._,m DATE: Tuesday, June 05, 2012 REFERENCE NO.: G- 17585(Revised) LOG NAME: 201SWM MANUAL - REVISED SUBJECT: Adopt Ordinance Amending Chapter 12.5, Environmental Protection and Compliance of the City Code By Adding Article X, Entitled "Grading Permit ", Sections 12.5 -874 Through 12.5 -882 in Order to Regulate Land Disturbance and Grading and Establish a Fee in the Amount of $50.00 for a Grading Permit (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance amending Chapter 12.5, Environmental Protection and Compliance of the City Code by adding Article X, entitled "Grading Permit ", Sections 12.5 -874 through 12.5 -882, in order to regulate land disturbance and grading; and 2. Establish a fee in the amount of $50.00 for each application for a Grading Permit. DISCUSSION: Currently land disturbance, grading and construction activities are reviewed by the City for erosion and flooding impacts only when a new subdivision is being developed. A commercial construction project or large scale early grading activity not associated with a new plat is not subject to drainage review. This creates a risk of a site development adversely impacting drainage in the area. The attached ordinance requires that a Grading Permit be obtained prior to any land disturbance of 0.5 acres or greater unless there is a current intergrated Stormwater Management Plan (iSWM Plan) prepared by a Professional Engineer that is applicable to the proposed grading. The Grading Permit will address three categories of land disturbance as follows: 1. Early grading projects disturbing more than 0.5 acres for which there is no current iSWM Plan: Transportation and Public Works (TPW) Stormwater Management Division will review a simplified grading plan submitted by the contractor or owner's agent, to make sure that it generally conforms to current stormwater policies. 2. Commercial projects disturbing 0.5 acres or more: A drainage study prepared by a professional engineer will be required as is already required for a project involving a new plat. 3. Duplex and Single Family Residential: The contractor or owner's representative will provide information on the building permit application regarding the type of lot drainage used and referencing the subdivision's drainage plan. Except for special cases that will be flagged for review by TPW Stormwater Staff, no other requirement relative to grading will be imposed on the building permit. Also, for commercial projects, a Grading Certificate will be required from the land owner after construction Logname: 201SWM MANUAL - REVISED Page 1 of 2 is completed and prior to the issuance of a Certificate of Occupancy. The owner's engineer or other representative will submit the Grading Certificate to confirm that the project was completed in substantial compliance with the approved plans. These new procedures and updates to the City's current stormwater management design standards have been extensively reviewed in a series of public meetings with local engineers, developers and builders and the Development Advisory Committee, as shown in the following table. STAKEHOLDER Local Engineers Public Meetings Development Advisory Committee Public Workshops REVIEW DATE(s) 1/26/10, 5/6/10, 7/15/10, 8/19/10, 9/24/10 0/10, 10/24/10, 11/14/11, 1/23/12 1/13/11 (Consulting Engineering Council 7 /6/11 The new procedures and updated standards have been incorporated and detailed in a proposed new edition of the integrated Stormwater Management Criteria Manual (iSWM Manual) for Site Development and Construction adopted by the North Central Texas Council of Governments on February 2010. Under the new iSWM Manual, construction and post- construction runoff controls will be subject to an integrated review process and updated runoff standards. The proposed iSWM Manual is incorporated by reference in this ordinance. The Planning and Development Department will have administrative responsibility for the proposed Grading Permit. TPW will provide the required technical review and oversight. A $50.00 fee has been determined to be appropriate for the Planning and Development Department's costs associated with processing an application. The revenue will be deposited in the General Fund. The projected annual revenue from this application fee is $2,000.00. The effective date proposed for implementing these procedures is August 1, 2012. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that the Planning and Development Department is responsible for collection and deposit of funds due to the City. FUND CENTERS: TO Fund /Account/Centers GG01 462124 0062000 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: $2,000.00 FROM Fund /Account/Centers Fernando Costa (6122) Doug W. Wiersig (7801) Don McChesney (7901) Logname: 20ISWM MANUAL - REVISED Page 2 of 2