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Home My WebLink AboutOrdinance 10937 ORDINANCE NO . ~(%~ AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDI- NANCE 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 CUMULATIVE; 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 NEWSPAPER; 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 its 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: Q~~~~a~~. R~~A~d ~. ~~~ S~.~R~.~~RY ~T. ~Q~R~H_,.~ ~' • • 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, cultural 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 verifica- tion of approval of same prior to opera- tion. 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 adja- cent properties (especially residential) due to dust, noise, water runoff and diversion, 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 land- ,,.,,„... scaping (as a mitigation measure of th~~ s ite perimeter greater than fir"" ~~,~e®~ ~~~`l ~~ ~~~~€ • ~ 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. 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 pro- viders, transmission, electric and pipe- line 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 struc- tures, 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/construciton 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 plate-~-~--"-- the s ite are met . of ~~~~~ RE~Q~ c~~~ ~~c~E~A~Y 3 • 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. k. The Board is encouraged, if deemed appropriate, to appoint an oversight committee of city staff, public represen- tatives and others, as required, to pro- vide 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 restrictions 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 or waiver 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 ordi- nances 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. ~~ ~~~~ ~T• YtM~~~~ ~~. 4 • 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 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, para- graphs 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, sen- tence, 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 provi- sions 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 wo.---- the City of Fort Worth, Texas. o~~~c~~ ~~co~~ CITY ~ECR~TAAY ~'T. ~Q~TN, T~. 5 • ~ 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 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 news- paper 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: ~'. City Attorney Date : 1 ~ ,--- ~ (~ ._C,l ~ ADOPTED : ~d ~ ~J`` --~/ EFFECTIVE: OFFICIAL RFCa~ CITY SFCRE~ARY Fr. ~~~ r~, ~z. 6