HomeMy WebLinkAboutOrdinance 11015
ORDINANCE NO. ~~
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF FORT WORTH, BEING ORDINANCE N0. 3011, AS
AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY
OF FORT WORTH, TEXAS (1986), AS AMENDED, BY AMENDING
SECTION 1, DEFINITIONS, TO INCLUDE RECLAMATION; BY
AMENDING SECTION 20, C.2. REGULATING QUARRIES, MINES,
DREDGING OPERATIONS, SAND AND GRAVEL PITS AND EXCAVATION
OPERATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU-
LATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING A
PENALTY; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWS-
PAPER; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Section 1, "DEFINITIONS" of the Comprehensive Zoning
Ordinance, being Ordinance No. 3011, as amended, codified as
Appendix "A" of the Code of the City of Fort Worth, Texas (1986),
as amended, is hereby amended as follows:
Reclamation: The process of restoring an area affected
by surface mining operations to it:; original or other
substantially beneficial condition considering past and
possible future uses of the area and the surrounding
topography.
SECTION 2.
That Section 20, "BOARD OF ADJUSTMENT" of the Comprehensive
Zoning Ordinance, being Ordinance No. 3011, as amended, codified as
Appendix "A" of the Code of the City of Fort Worth, Texas (1986),
as amended, is hereby amended by changing Subsection C.2. to read
as follows:
C. Authorized Special Exceptions:
2. Quarry, mine, dredge, sand and gravel pit or
excavation for the purpose of removing,
screening, crushing, washing, or storage of
ore, clay, stone, gravel or similar materials
subject to the following requirements:
a. Provision of a site plan of all existing
conditions, including topography at 5'
intervals, streams, lakes, and other
bodies of water, roadways, utility lines,
structures and major vegetation,
including canopy cover.
b. Identification of any known protected
species of plant, fish or animal life, or
the presence of areas of historic, cul-
tural or archaeological significance.
Such property that is found to be pro-
tected or of significant public interest
shall not be included in any area
approved for mining.
c. Delineation of all permits and licenses
(including NPDES and Texas Air Control
Board) required for the operation of such
a facility, name of contact person,
agency address and telephone number of
all permitting agencies, and verification
of approval of same prior to operation.
d. Submission of a plan of operation,
including scheduling of activities,
phasing, traffic generation, employees,
and use of explosives or other hazardous
or caustic materials or chemicals.
e(1) Analysis of potential impacts to adjacent
properties (especially residential) due
to dust, noise, water runoff and diver-
sion, ground water alteration, silting,
sedimentation, erosion, traffic, and
mitigation measures to control such
impacts. Submittal of drainage study if
deemed necessary by the Department of
Transportation and Public Works. When
deemed appropriate, the Board may require
appropriate buffering, berming, screening
and landscaping (as a mitigation measure
of the site perimeter greater than that
required under Section 18.D which shall
be maintained in a proper manner at the
expense of the property owner. All miti-
gation measures must be installed and
completed prior to any physical mining of
the site.
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e(2) Submission of plan for protection of
adjacent rights-of-way and streets if
mining operations are planned within
fifty feet (50') of such rights-of-way
and streets.
e(3) Approval of said plans required from the
Director of Transportation and Public
Works.
f. Approvals from all utility service
providers, transmission, electric and
pipeline companies for work around, near
or across such utility facility,
including approvals for relocation of
such utility facility if required.
g. Site plan identifying all proposed
structures, operating facilities, loading
and wash areas, roadways, stream or water
course diversions, holding ponds/tanks,
temporary power lines and other site
improvements.
h. A reclamation plan, including final
topography contours, at 5' intervals,
relocated stream beds, lakes, ponds and
other physical features, type and depth
of surface material, seeding and
replanting plan for restoration of the
original canopy cover of the site,
including any required cross section and
engineering/construction plans as
approved by the City Forester or a Soil
Conservation Scientist. It is recom-
mended that plant materials native to the
site be used.
i. Submission of a performance bond or cash
payment for each phase as required under
the standard contract for Community
Facilities Agreement of the City to
ensure that all restoration costs in
accordance with the reclamation plan of
the site are met.
j. Provision of a clearly visible sign at
the entrance to the mining operation
identifying the name, business address
and phone number of the facility owner
and operator in compliance with the
requirements for on-premise signs.
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k. The Board is encouraged, if deemed
appropriate, to appoint an oversight
committee of City staff, public
representatives and others, as required,
to provide assurance of compliance with
all federal, state and City regulations,
codes and ordinances. The operator
and/or owner of a mining operation shall
provide in writing for the limited access
to the property by said members subject
to all safety and operational restric-
tions required by law to protect on site
public welfare and safety. Such access
approval shall be a prerequisite and part
of the conditions of approval of the
Special Exceptions.
No permit or license shall be issued by any
City Department unless the above conditions
have been met and approved in writing by the
Board of Adjustment unless a variance has been
applied for and approved by the Board of
Adjustment. Such approval shall be for a
limited time of consecutive periods designated
by the Board but not to exceed five (5) years
for each approval.
SECTION 3.
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 4.
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 unconsti-
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tutional 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 5.
The City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the
caption, penalty clause and effective date in the minutes of the
City Council and by filing the ordinance in the ordinance records
of the City.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is
hereby authorized to publish this ordinance in pamphlet form for
general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence
in all courts without further proof than the production thereof, as
provided in Chapter XXV, Section 3, of the Charter of the City of
Fort Worth, Texas.
SECTION 7.
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 Two Thousand Dollars ($2,000.00) for each
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a..
offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 8.
The City Secretary of the City of Fort Worth, Texas, is
hereby directed to publish the caption, penalty clause and effec-
tive 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.
SECTION 9.
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
~C.~t/
City Attorney
Date:
ADOPTED : ~ ~` ~ ~~~
EFFECTIVE:
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