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HomeMy WebLinkAboutOrdinance 15789ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 12.5, "ENVIRONMENTAL PROTECTION AND COMPLIANCE" BY ADDING A NEW ARTICLE IX ENTITLED "FILL MATERIAL"; TO DEFINE "FILL MATERIAL" AND TO ADD F:EGULATIONS FOR PLACEMENT OF FILL MATERIAL ON TRACTS, PARCELS, OR PLATTED LOTS; 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 current City Code of Fart Worth does not provide regulations for the placement of fill material on tracts, parcels ar platted lots within the City of Fort Worth; WHEREAS, the citizens of Fort Worth have expressed concerns about the blight caused by uncontrolled fill activity in the City; WHEF:EAS, it is advisable to adopt regulations that control the placement of fill material in order to preserve the character of neighborhoods and to prevent the accumulation of fill material far non-construction activity; WHEREAS, it is the intent of the following regulations to establish additional supplemental development standards and regulations that will address issues related to uncontrolled fill activity in the City; N 0~~~, ~~ I1 E k l~: FO RE, 13 E IT ORDAT~ I: D B3- T N f: CITY COUNCIL OF THE t I I 1 t)1~ l~U1Z_1 ~1 OIZ l Il. 11~ \ ~ti: til-:(~"Il(>\ 1. (~Irl~~~cr 12.x. "f_,n~irc~nnl~rit~al Nri>tcclii~n anal (~~u»>j~lian~~" ~~I~tl~~ ~~c~~l~ ~>('tl~c C~it~ I V~ ~itjl, l il~ .'~'. .P~~'Il~~~.~~ ~~'. ~I .I?.11 .il't~ ,i~jt~Il;_ ~C?I~.~ ~~ ~~~ I~~ 1~,1'~'.~Ia~ ?i? provide a definition for "Fill Material" and to add regulations far the placement of fill material to read as follows: ARTICLE IX. FILL MATERIAL DIVISItJN 1. Definition of Fill Materiah Section 12.5-864 Definition. ~'~LL MAT~`R~AL; Fill Material shall be defined as sail, dirt, rock, sand, and other natural or man-made inert solid materials used to fill the land. DIVISI©N 2. Registration, Notice, and Placement of Sign. Sec. 12,5-865. Registration. Except as provided in Section 12.5-~?0, na Fill Material may be placed on any tract, parcel, ar platted lot within the city limits unless a valid registration and site map is filed with the Development Department of the City, the registration fee is paid to the City, notification is provided to all applicable property owners within 304 feet of the property and registered neighborhood associations within one-quarter mile of the property, and a sign is posted on the property as required by this Article. All registrations must be renewed annually with City prior to the expiration of the current registration, but shall be exempted from the notice requirements of this Chapter. Placement of Fili Material is used far landscaping purposes on improved property is exempted from the requirements of this section. Sec. 12.5-866. Notice. Upon registration and prior to the placement of Fill Material upon any tract, parcel, ar platted lot, the city shall send written native of the registration to the owr}crs of r~;al property ly~in~ ~~ithin 340 sect uP the property upon which the plac~,n~e~~t or import o(~ Fill r~~atcrial is pt~oposed. Such notice shall ix ~~i~~ci~ t~~ all, such o~~ ~lcrs ~~ h~~ have rcn~lcrc~l their sai~1 prupc~~I~ ~i~r rite ta~cs. <<s the u~~nership ~ippears ~>» the ~.. ~,~~'~j :11 `. l;iV '~~~~~ ~t~ll~'~' lll;l', ~~~' ~l'l~t't1 f~\ ~]~pt»11;17_' tI1C ~;1!ll~'. ,~I~~p~'l~~V' ~ ~C.'~'~1 .i~~~~~~liii?t~ ,1~ ~'~..t'li `.AI lt~~ ... t'. ~~il' fi!.,i}h~~~t il~i ~~,I'i~Il,l~ X11.' I'lac~~nlcnt ~~f~}-ill ,1lalcrial us~°~1 J~~r lan~lscupin~~ purposes ~~n in~pru~e~i pr~~pert~ is e~cn~pt~~~1 I~r~~i>> (l~~ rcyuir~nlents r~~'this s~~cti~~n. 2 Sec. 12.5-86'7, Placement of Sign. After registering with the city and prior to placement of Fill Material upon any tract, parcel, or platted lot, at least one legible sign, no less than three feet by three feet and no greater than four feet by eight feet must be placed by the registrant on the premises. The sign or signs shall be located in a conspicuous place or places upon the property at a point or points nearest any right-of--way, street, roadway or public thoroughfare adjacent and entry to such property. The signs} shall indicate that: 1. The site is a registered fill material site; 2. The date the registration was filed with the City; and 3. The registration number provided by the City of Fort Worth Signs must be maintained as so to remain legible and graffiti free. All sign(s) shall be removed subsequent to the completion of all fill material from the tract, parcel, or platted lot. Placement of Fi11 Material used for landscaping purposes on improved property is exempted from the requirements of this section. Dlvtslow 2, Restrictions on Placement of Fill Material. Sec. 12,5-86$. Height and Slope Restrictions. The placement ar import ofthe Fill Material must meet the following conditions: 1. The purpose of the fill material is to make the land suitable for the construction of surface improvements; 2. The Fi11 Material shall not be higher than the highest elevation along the perimeter of the adjacent tracts, parcels or platted tats, however; fill material placed on pad sites shall not exceed three feet in height above the highest elevation along the perimeter of the adjacent tracts, parcels or platted Lots, 3. The slope of the Fi11 Materialrs amaximum ratio of three feet horizontal to one foot vertical, unless a retaining wall system built in compliance with the city code and regulations is in place. 4. Fill Material must be leveled and graded for positive drzin~ige no less than every thirty days. ~cc. I ?.~-t~(~~~. ~~I~liti~~nal 1'ru~ i~i~~n.. .~t_ . ~~! E ,. A1.~ ~ .,~ .. 1 ,~~,~~~~ iil~ .'Ir.l~~;' ~`I 'll;!~,l,i~l ~~;. ,. ~ ~~. .il-~~ ~. iii s.. ~~;i;ll~l~r .11}\ E)U11~Ir IiliE~;~~~rl;lrill~ ~~f }~ll~~llr Illii,ni;utllil~r, ~)C 3. far i~larr~i in a il~~~x3 E~laii~ ~~r Ilc~ucl ~~a~ ~~ iihc~ut <+ ~alicl E~rrmit; car 4. 1Zr~ult in I~~~~~~iin~~ ~~r ~i~~niliran( iurrra~r in runr~f~f <<~ a~liarrnt Erosion control measures must be implemented to prevent any off site migration of silt and sediment. Dtvts~o~; 3. Exemptions from Requirements of Division 2. Sec. 12.5-8'70. Exemptions. The registration, notice and sign requirements of Division 2, Sections 12.5-865, 12.5-866 and 12.5 867 for placement of Fill Material on any tract, parcel, or platted lot are not required if 1. A valid building permit has been issued by the City for construction activity on the tract, parcel or platted lot where the Fill Material is to be placed; or 2. The Fill Material is placed on a landfill permitted by the State of Texas; or 3. The Fill Material is incidental to on-site filling operations necessary for governmental or utility construction projects; or 3. The Fi11 Material is part of a development that is final platted, has approved infrastructure plans or is being developed under an active Community Facilities Agreement. The placement of the Fi11 Material under this Section is not exempted from the requirements of any other provisions of this Chapter. Dtvlstow 4. Placement of Fiil Material in Right-of--Ways. Sec. 12.5-871. Placement of Fill Material in Existing or Proposed Right of Ways. Friar to the City infrastructure inspection, Fi11 Material placed in any existing or proposed dedicated right of way should be tested and certified by an independent soils laboratory to show that it meets the requirements of the City of Fort Worth Standard Specifications for Street and Storm Drain Construction. If testing and certification is not performed prior to a City infrastructure inspection, the City may require testing and certification. by an independent soils laboratory andlor removal of the Fill Material. T}Tr ~~lu~ ~. 1~1~~11 ~ and I)raina~e ~tandar~l~. ~cc. 1?.~-h~?. I~I ~l ~ and (its ~inrni Draina~c titandardr. ~~ i~ l~l~ li~~li_~ii~~l~l~ll\ ~!( (~1~' ~il~')~~'ll\ i~VV!l~'! (t~ :il~lil~ l~l;l[ iil~~' f~i~l~l.'lll~[]~ U( lii~ 111<IICI~I;I~ ~t~Ill~)~l~'~ A\ii~l ~1~~ ~l}~~~~1Ca1~1<' f ~'„~t,~~ tilalllj~il~Cj~, ~~ll' (11~ l)j }'U1~1 ~~01'I}1 ~I;111C~<lfCj ~(h'~ICI~~llli~ll> ~(~l' ~l1CCl ;Illlj ~ll~l~lll I)I~~lIIl~1~C (l~IlallUCli~~ll, I~l~' ~ 11\ elf I'~)1~1 ~~iii~t ~l ~ ]i~)rll, I~,' i l~ _.'~' ~ '~i',...., ..'l~ ~~l ~I _..~ ~~,~u.,.. ~I. ( i+ i`, I~~~i( ~~~~~I~I ~~I Sec. 12.5-8'73 Existing Drainage Pattern. It is the responsibility of the property owner not to change the existing drainage pattern in such a way as to result in flooding or significant increase in runoff to adjacent properties and the property owner shall assume all liability concerning the same. 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 Cade, 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 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 oCan~ such unconstitutional phrase, clau~c. ~~ntcll~~'. ~~ara~~r~i~~l~ or ~<~ction. ~1 (llt)~-t. ~i i~~... ~.. '~~~`- t`. ''r~r'_~~l l~ iii- Il~i;l~:~ ~l~ ~:onl~)~L VA II~i U!' ~~ flo 1~. ~1~1~ l~l~ <ll~olCCll]C[l~ Ul e1lly ~~ ~JC ~)roA i51o11~ of [~llS UrCjlnanCc S~l<i~~ be fined not mare than Five I-Iundred Dollars ($500.00) far 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 Cade of Fart Worth which have accrued at the time ofthe effective date ofthis 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 ofFart Worth, Texas, as authorized by Section 52.013, Texas Laca1 Cravernment Cade. SECTIC?N 7. This ordinance shall take effect upon adoption and publication as required by law. f3~_ << ~~~i,tai~t C'it~ :1tt~~rn~~ ~[)OP CEI): i ~~, 6