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:
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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
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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
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COUNCIL ACTION: Approved on 6/5/2012 - Ordinance No 20234 -06 -2012
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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