HomeMy WebLinkAboutOrdinance 21876-09-2015 ORDINANCE NO.21876-09-2015
AN ORDINANCE AMENDING CHAPTER 12.5 "ENVIRONMENTAL
PROTECTION AND COMPLIANCE," ARTICLE X "GRADING PERMIT,"
OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (2015), AS
AMENDED, BY AMENDING SECTION 12.5-876, "GRADING PERMIT
REQUIRED" TO INCREASE THE QUANTITY OF LAND ACREAGE
REQUIRING A GRADING PERMIT TO ONE ACRE; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR
ORDINANCES AND REPEAL CONFLICTING ORDINANCES;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Fort Worth ("City Council") seeks to protect
the public safety, preserve the quality of life, and promote efficiency and development within the
City; and
WHEREAS, section 12.5-876 of the Code of the City of Fort Worth, Texas, currently
requires a person to obtain a grading permit or an approved iSWM Plan before that person may
commence with disturbing 0.5 acres or more of land, subject to exceptions; and
WHEREAS, it is advisable to amend Chapter 12.5 of the Code of the City of Fort Worth,
Texas, to increase the minimum acreage of land disturbance requiring a grading permit or
approved iSWM Plan from 0.5 acres to 1.0 acre in order to increase efficiencies in the project
review processes for land development projects; and
WHEREAS, the City Council finds this Ordinance to be reasonable and necessary;
NOW, THEREFORE,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 X "Grading Permit,"
Section 12.5-876 of the Code of the City of Fort Worth, Texas, is hereby amended to be and read
as follows:
(a) Unless exempt pursuant to § 12.5-875, no person may commence with the
disturbance of land of 1.0 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 § 12.5-864 of the city code, from off-site locations or by
Ordinance No.21876-09-2015
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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 $500 for each day the land disturbance exists without a permit.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances 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 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections 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
of any such unconstitutional phrase, clause, sentence,paragraph, or section.
SECTION 4.
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, that 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 5.
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 an amount not exceeding five hundred dollars ($500.00) for each offense. Each day that a
violation exists shall constitute a separate offense.
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 Texas Local Government Code,
Ordinance No.21876-09-2015
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Section 52.013.
SECTION 7.
All other provisions of Chapter 12.5 of the Code of the City of Fort Worth, as amended,
shall remain in full force and effect, save and except as amended by this ordinance.
SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law, and it
is so ordained.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Grant Jordan, Assistant City Attorney ary JtVsF, City Secretary
ADOPTED: September 15, 2015
EFFECTIVE: September 24, 2015
Ordinance No. 21876-09-2015
Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/15/2015 -Ordinance No. 21876-09-2015
DATE: Tuesday, September 15, 2015 REFERENCE NO.: **G-18554
LOG NAME: 20SWMAMEND-GRADING PERMIT THRESHOLD
SUBJECT:
Adopt Ordinance Amending Chapter 12.5, Article X, Section 12.5-876 of the City Code to Increase the
Quantity of Land Acreage Requiring a Grading Permit to One Acre (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 12.5, Article X,
Section 12.5-876 of the City Code to increase the quantity of land acreage requiring a grading permit to
one acre.
DISCUSSION:
The Transportation and Public Works Department, Stormwater Management Division (SWM) proposes to
amend the City's Grading Permit Requirement by increasing the minimum quantity of land disturbance
requiring a grading permit from 0.5 acre to 1.0 acre of land. Currently, Section 12.5 of the City Code
provides that no person may disturb 0.5 acre or more of land unless that person has a valid grading permit
or an approved drainage plan. The recommendation to increase the land disturbance requirement is
supported, in part, by the following considerations:
1. Managing Risk and Resources - Omitting smaller and less risky projects from the public review process
is expected to make more effective use of the SWM's limited review resources by creating greater
capacity for reviewers to engage with new development projects that have higher risk implications. For
projects smaller than 1.0 acre, development project professional engineers will remain responsible for
their work and for adhering to all federal, state, and municipal drainage laws and regulations as they have
been for all projects regardless of size.
2. Regional Consistency—The regional Drainage Design Manual, developed in 2006 through a
collaborative process involving private and public entities, concluded that projects smaller than 1.0 acre
posed minimal risk and, therefore, the review threshold was established at 1.0 acre and larger. The City
of Fort Worth chose to implement a more conservative review threshold of 0.5 acre. Reverting to the
original intended 1.0 acre threshold produces an improved regional consistency process.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Department certifies that this action will have no material affect on
City funds.
FUND CENTERS:
TO mound/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Logname: 20SWMAMEND-GRADING PERMIT THRESHOLD Page 1 of 2
Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Greg Simmons (7862)
Logname: 20SWMAMEND-GRADING PERMIT THRESHOLD Page 2 of 2