HomeMy WebLinkAboutOrdinance 26964-06-2024ORDINANCE NO.26964-06-2024
AN ORDINANCE AMENDING CHAPTER 12.5, "ENVIRONMENTAL
PROTECTION AND COMPLIANCE," OF THE CODE OF THE CITY OF
FORT WORTH, TEXAS (2015), AS AMENDED, TO AMEND SECTION
12.5-111 AND TO REPEAL AND RESTATE ARTICLE X TO REVISE
REGULATIONS RELATING TO GRADING PERMITS AND IDENTIFY
THE DEPARTMENT RESPONSIBLE FOR ENFORCING VIOLATIONS
RELATING TO GRADING PERMITS AND FILL MATERIAL;
PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICAL NEWSPAPER OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE,
WHEREAS, in response to the enactment of House Bill 3167 by the 87'h Texas
Legislature, the City is modifying its Stormwater Criteria Manual ("ManuaI") to ensure
compliance with the new law; and
WHEREAS, as part of the modification of the ManuaI, the development review processes
are being revised to eliminate final integrated Stormwater Management ("iSWM") Plans and to
replace them with drainage studies; and
WHEREAS, the Grading Permit Ordinance currently allows an iSWM Plan to be
substituted for a grading permit; and
WHEREAS, the Grading Permit Ordinance should be updated to remove the ability for an
iSWM Plan to be substituted for a grading permit; and
WHEREAS, additional revisions to the Grading Permit Ordinance are necessary to clarify
when a grading permit is necessary to prevent land disturbances that create potential flooding and
erosion conditions; and
WHEREAS, revisions to the Grading Permit Ordinance to add requirements for
development projects containing common plans of development causing land disturbances of one
acre or more will help prevent flooding and erosion issues; and
WHEREAS, the amendments to the Grading Permit Ordinance will promote consistent
standards and consistent application of development processes, simplify the development review
process, and promote the City's goal of continuous improvement and efficiency; and
WHEREAS, the City Council finds it necessary to amend the Grading Permit Ordinance
to control land disturbance and grading of property within the City;
Ordinance No. 26964-06-2024
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NOW, THE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, THAT:
SECTION 1.
Chapter 12.5, "Environmental Protection and Compliance," Article I "Administration and
Enforcement," Division 3 "Enforcement," Section 12.5-111 "Enforcement Options," Subsection
(b)(1) of the Code of the City of Fort Worth, (2015), as amended, is hereby amended to be read as
follows:
(1) Department of environmental management:
a. Article I, Division 4 - Environmental Use Agreements;
b. Article II - Air Quality;
c. Article III - Stormwater;
d. Article IV - Groundwater and Surface Water Quality;
e. Article IX — Fill Material; and
f. Article X -- Grading Permit.
SECTION 2.
Chapter 12.5, "Environmental Protection and Compliance," Article X "Grading Permit" of
the Code of the City of Fort Worth, (2015), as amended, is hereby repealed and restated in its
entirety to be read as follows:
ARTICLE X: GRADING PERMIT
§ 12.5-874 DEFINITIONS
The following words, terms and phrases, when used in- this Article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.
CAPITAL INFRASTRUCTUREPROJECT (CIP). Public infrastructure design and construction
that is funded and managed by the City of Fort Worth.
COMMON PLATY OF DEVELOPMENT. Shall have the meaning ascribed to that term in the
Stormwater Criteria Manual.
DRAINAGE STUDY. A drainage study performed in accordance with the Stormwater Criteria
Manual.
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HUD. The United States Department of Housing and Urban Development.
LAND DISTURBANCE or DISTURBANCE OF LAND. Any construction or other activity
caused by a person, which disturbs the surface of the Iand, including, but not limited to, clearing,
grubbing, grading, excavations, embankments, development, demolition activities, the moving,
depositing, stockpiling, staging or storing of fill material, soil, rock or earth materials, regardless
of whether the activity is related to a public or private infrastructure project.
SINGLE-FAMILY RESIDENTIAL INFRASTRUCTURE PROJECT (SRIP). Public
infrastructure design and construction for a single-family residential development project in the
City of Fort Worth that will submit construction plans to the City's Infrastructure Plan Review
Center.
STORMWATER CRITERIA MANUAL. The current edition of the Fort Worth Stormwater
Criteria Manual, and all subsequent revisions and amendments thereto.
§ 12.5-875 INCORPORATION OF STORMWATER CRITERIA MANUAL
The Stormwater Criteria Manual is incorporated herein by reference and made a part of
this Article for all purposes.
§ 12.5-876 CONSTRUCTION OF SINGLE-FAMILY AND DUPLEX HOMES
(a) An applicant for a detached single-family or duplex building permit shall submit the
grading pattern of the land to be disturbed to the City at the time of building permit
application.
(b) 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; or
(3) HUD Type C grading -all drainage to the rear.
(c) The applicant shall affirm that the drainage pattern conforms with any approved
subdivision grading plans. If the applicant cannot affirm that the proposed grading pattern
of the land to be disturbed conforms to one of the HUD drainage patterns in this section
and an approved subdivision grading plan, the Transportation and Public Works
Department shall review the proposed lot grading prior to approval of the building permit.
§ 12.5-877 GRADING PERMIT REQUIRED; EXEMPTIONS FROM
GRADING PERMIT REQUIREMENT.
(a) Except as otherwise provided by this Article, no person may commence with the
Disturbance of Land of 1.0 acre or more, or commence with the Disturbance of Land that
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is part of a Common Plan of Development, unless a grading permit has been approved by
the City for the Land Disturbance.
(b) A grading permit shall not be required for the following:
(1) Construction of detached single-family or duplex homes that will disturb less than
1.0 acre and are not a part of a Common Plan of Development;
(2) Disturbance of Land activities that consist of only agricultural plowing or tilling,
timber harvesting activities, road maintenance activities, routine channel
maintenance or utility maintenance;
(3) A CIP that disturbs one acre or more, or is part of a Common Plan of Development
if the CIP complies with the review and approval process defined by the City
Engineer for a CIP and is reviewed and approved by the Environmental Services
Department, the Urban Forestry and Gas Well Sections of the Development
Services Department, the Water Department, the Park and Recreation Department,
and the Transportation and Public Works Department; or
(4) A SRIP that disturbs one acre or more, or is part of a Common PIan of Development
if the SRIP complies with the review and approval process defined by the
Infrastructure Plan Review Center for a SRIP and is reviewed and approved by the
Environmental Services Department, the Urban Forestry and Gas Well Sections of
the Development Services Department, the Water Department, the Park and
Recreation Department, and the Transportation and Public Works Department.
(c) A person commits an offense if the person is required to obtain a grading permit and causes
a Disturbance of Land without a grading permit that is approved by the City. A person
commits an offense if the person is required to obtain a grading permit and allows a
Disturbance of Land to remain without a grading permit that is approved by the City.
§ 12.5-878 APPLICATION FOR A GRADING PERMIT; APPROVAL
(a) Applications for a grading permit shall be submitted to the Development Services
Department. The approval of any grading permit by the City shall require the consent of
the Environmental Services Department, the Urban Forestry and Gas Well Sections of the
Development Services Department, the Water Department, the Park and Recreation
Department, and the Transportation and Public Works Department.
(b) Submission of Grading and Drainage Plans. An applicant for a grading permit must submit
grading and drainage plans prepared by a professional engineer with the permit application.
The grading permit application shall require an approved Drainage Study. Grading and
drainage plans must conform to the approved Drainage Study. The Transportation and
Public Works Director or his or her designee shall review these documents for conformance
with stormwater design policies contained in the Stormwater Criteria Manual.
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(c) Submission of Stormwater Pollution Prevention PIan (SWPPP). An applicant for a grading
permit must submit a SWPPP prepared by the applicant with the grading permit
application. The grading permit application shall require an approved SWPPP. The
SWPPP must comply with the Texas Commission on Environmental Quality (TCEQ)
Stormwater Construction General Permit. The Environmental Services Department shall
review SWPPP for conformance with the current State Construction General Permit as
required under the City's Municipal Separate Storm Sewer System (MS4) permit issued by
TCEQ.
§ 12.5-879 EARLY GRADING PERMITS
(a) The City may issue an early grading permit for a Land Disturbance that involves only
earthwork, prior to the issuance of a grading permit in accordance with the Stormwater
Criteria Manual. An SRIP may obtain an early grading permit.
(b) An applicant who has obtained an early grading permit must obtain a grading permit for
any Land Disturbance beyond earthwork.
(c) A person commits an offense if the person has been issued an early grading permit and
performs, or allows to be performed, Land Disturbance activity that consists of more than
earthwork.
§ 12.5-880 ADDITIONAL GRADING REQUIREMENTS
(a) All grading activities performed pursuant to a grading permit or early grading permit must
conform to all applicable city, state, and federal policies including, but not limited to the
City's stormwater management, floodplain management, urban forestry, water department,
and stormwater pollution prevention policies.
(b) All fill material placed in existing or proposed right-of-way pursuant to a grading permit
or early grading permit must conform to the requirements of the City's standard
specifications for street and storm drain construction. If testing and certification of fill
material is not performed in conjunction with City infrastructure inspection, the City may
require testing and certification by an independent soils laboratory, removal of the fill
material at the expense of the applicant or property owner, or both.
(c) The placement of fill material pursuant to a grading permit or early grading permit shall
comply with Chapter 12.5, Article IX of the City Code.
(d) The removal of trees pursuant to a grading permit or early grading permit shall comply
with section 6.302 of the Zoning Ordinance.
(e) A person commits an offense if the person fails to grade property in conformance with the
construction plans approved by the City or in conformance with the grading permit issued
by the City.
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§ 12.5-881 GRADING CERTIFICATE
(a) A grading certificate certifying that all grading and related stormwater infrastructure
construction was completed in compliance with this Article, the grading permit, and the.
early grading permit if applicable, must be prepared by the Iand owner or owner's
representative and submitted to the Development Services Department prior to the issuance
of a certificate of occupancy for any building permit involving a Disturbance of Land of
1.0 acre or more, or that is part of a Common Plan of Development for which the City
issues certificates of occupancy.
(b) A person commits an offense if a person fails to submit the Grading Certificate upon
completion of all grading and related stormwater infrastructure construction in compliance
with this Article.
§ 12.5-882 PERMIT FEES
(a) For all Land Disturbance involving 1.0 acre or more, or that is part of a Common Plan of
Development, for which an early grading permit or grading permit is required, a permit
fee, as established by the City Council, shall be assessed to the applicant:
(b) No fees will be charged for review of information concerning grading patterns for detached
single-family or duplex residences pursuant to § 12.5-876.
§ 12.5-883 VIOLATIONS
(a) A violation of any provision of this article is a Class C misdemeanor punishable by a fine
not to exceed $2,000.00. Each separate occurrence of a violation or each day that a violation
continues shall constitute a separate offense.
(b) The issuance of a citation shall not limit the City's ability to pursue civil remedies or take
other actions as set forth in chapter 12.5, Article I, Division 3 of the City Code.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City
of Fort Worth, Texas (2015), 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 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
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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 S.
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 exists shall
constitute a separate offense.
SECTION 6.
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 the City of Fort Worth, or any other ordinances of the City,
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 7.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption and Section 5 of this ordinance for two (2) days in the official newspaper of the City of
Fort Worth, Texas as authorized by Chapter XXV, Section 2 of the Charter of the City of Fort
Worth, Texas, and Section 52.013(a) of the Texas Local Government Code.
SECTION 8.
This ordinance shall take effect on July 15, 2024.
APPROVED AS TO FORM AND LEGALITY:
Richard McCr4cken(Jun 28,202416:17 CDT) —
Richard A. McCracken
Sr. Assistant City Attorney
ADODTED: June 11, 2024
EFFECTIVE: July 15, 2024
Ordinance No. 26964-06-2024
Page 7 of 7
ATTEST:
Jannette Goodall
City Secretary
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/11/24 M&C FILE NUMBER: M&C 24-0484
LOG NAME: 20SW REGULATION UPDATES 2024,
SUBJECT
(ALL) Conduct Public Hearing and Adopt Ordinance Amending Chapter 7 "Buildings," Article VIII "Floodplain Provisions" of the City Code to
Establish and Regulate Critical Flood Risk Areas, Adopt Ordinance Amending Chapter 12.5 "Environment Protection and Compliance" of the City
Code to Amend Regulations Governing Grading Permits, and Adopt Ordinance Adopting Revisions to the Stormwater Criteria Manual
(PUBLIC HEARING - a. Report of City Staff. Stephen Nichols; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing in accordance with Section 212.0021 of the Texas Local Government Code;
2. Adopt the attached ordinance amending Chapter 7 "Buildings," Article VIII "Floodplain Provisions" of the City Code to establish and regulate
critical flood risk areas;
3. Adopt the attached ordinance amending Chapter 12.5 "Environmental Protection and Compliance" of the City Code to amend regulations
governing grading permits; and
4. Adopt the attached ordinance adopting revisions to the Stormwater Criteria Manual.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to adopt an ordinance establishing and regulating critical flood risk areas, adopt
an ordinance amending regulations goveming grading permits, and adopt an ordinance adopting updates to the Stormwater Criteria Manual.
Floodplain Provisions Ordinance;
In 2018, the Stormwater Management Program began an initiative to determine how to communicate non-FEMA flood risk information and how to
regulate small sized developments (under 1 acre) in non-FEMA flood prone areas. The initiative was developed due to increasing instances of
property owners and developers outside of the FEMA floodplain being surprised by flood events impacting their properties and development
plans. The significant, and often undefined risk of flooding outside of FEMA floodplains is a nationwide issue.
Since that time, Stormwater staff have held public and community group meetings to discuss and receive feedback on non-FEMA flood risk
regulations and worked closely with stakeholder groups, including the Real Estate Guidance Group and stakeholder groups associated with the
American Council of Engineering Companies, Floodplain Management Plan, Stormwater Master Plan, and Stormwater Program. The
stakeholders consisted of residents, engineers, lenders, appraisers, title lawyers, insurance agents, surveyors, developers, and builders and
included the Real Estate Council of Greater Fort Worth, the Greater Fort Worth Association of Realtors, the Fort Worth Builders Association, the
Development Advisory Committee (DAC), and the Tarrant Appraisal District.
The proposed ordinance will establish non-FEMA City Flood Risk Areas (CFRAs). CFRA regulations would regulate all residential and
commercial development activity less than one (1) acre that is located in a CFRA. The development activity ranges from fences, accessory
structures, room additions, and new construction, up to commercial or mixed -use site development projects on less than one acre. Such
development activity would require:
• Elevation of structures two (2) feet above the 100-year flood elevation, and;
• Submission of a certificate from an engineer to document that the development will not cause increased flood risk to neighboring properties.
The City Flood Risk Area regulations shall take effect on July 15, 2024.
Grading Permit Ordinance:
Coordination and collaboration with development community representatives, started three (3) years ago on the proposed updates to the Grading
Permit Ordinance to make the permitting process more efficient and effective. The most significant improvement is that this update will replace
the Final integrated Storm Water Management (iSWM) Plan requirement with a grading permit, eliminating one step in the development review
process. In addition, the updates will produce the following benefits:
• Clarify submission requirements and apply review requirements uniformly across development projects;
• Better define Early Grading Permits and clarify requirements for Early Grading Permits; and
• Clarify exemptions and simplify review processes for public infrastructure.
The amended Grading Permit Ordinance shall take effect on July 15, 2024.
Stormwater Criteria Manual:
In 2019, the Texas State Legislature passed House Bill 3167 which amended Chapter 212 of the Texas Local Government Code. The new law
required, in part, for developer construction plans to be approved by the City Plan Commission, to place a "shot clock" on review and approval
deadlines for developer construction plans, and for any review comments on construction plans to cite to specific laws, regulations, or design
criteria when the construction plans were not approved by the City. During the 88th Texas Legislative Session, the state law was amended to
remove these requirements.
While no longer mandatory, City staff and development representatives have maintained self-imposed review deadlines and clear regulations that
can be cited to during construction plan reviews. To that end, City staff have prepared revisions to the Stormwater Criteria Manual to ensure that
the City's requirements are clear and can be easily cited to in construction plan review comments.
In addition, staff recommends changes to the Stormwater Criteria Manual based on new data and information, lessons learned from how current
regulations are implemented, and to integrate the proposed revisions to the Floodplain Provisions Ordinance and the Grading Permit Ordinance.
The revisions will provide clarity to the development community, and help to ensure development and public infrastructure design contribute to a
safe and sustainable Fort Worth.
Throughout the process, staff engaged with external and internal stakeholders to coordinate and get feedback on document revisions. Draft
documents were coordinated with the DAC for review and comment.
A summary of the updates to the Stormwater Criteria Manual include:
• CFRA guidance and regulations are incorporated;
• Final iSWM Plans are no longer required;
• Drainage studies are better defined and introduced as a separate submittal to replace iSWM plans;
• Use of specific types of polypropylene pipe in lieu of concrete pipe are allowed;
• Stormwater detention facility maintenance requirements are defined;
• Runoff coefficients for more dense residential developments are updated;
• Easement sizing requirements are revised; and
• Administrative procedures for processing applications and conducting pre -submittal meetings are revised.
The revised Stormwater Criteria Manual shall take effect on July 15, 2024.
In accordance with Section 212.0021 of the Texas Local Government Code, notice of the public hearing on the proposed ordinances was
published in the Fort Worth Star -Telegram on May 24, 2024.
A Form 1295 is not required because: This M&C does not request approval of a contract wish a business entity.
FISCAL INFORMATION ! CERTIFICATION:
The Director of Finance certifies that approval of these recommendations will not have no material effect on City funds.
Submitted for City Manager's Office by: Jesica McEachem 5804
Originating Business Unit head: Lauren Prieur 6035
Additional Information Contact: Monty Hall 8662