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Ordinance 2005-72 ORDINANCE NO. 2005-72 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE CODE OF ORDINANCES ("CODE") BY ADDING ARTICLE V, REGULATING GRADING, EXCAVATION AND EARTHWORK, TO CHAPTER 42 OF THE CODE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Wylie Code of Ordinances by adding Article V to Chapter 42, regulating grading, excavation and earthwork as provided herein; and WHEREAS, the City Council has determined that adoption of the regulations set forth herein is necessary to help control erosion and drainage and help prevent damage to property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: AMENDMENT TO WYLIE CODE OF ORDINANCES TO ADD ARTICLE V, REGULATING GRADING, EXCAVATION AND EARTHWORK, TO CHAPTER 42. The Wylie Code of Ordinances, Chapter 42 (Environment) is hereby amended to add the following Article V: CODE OF THE CITY OF WYLIE CHAPTER 42, ARTICLE V GRADING, EXCAVATION AND EARTHWORK Section 42-91 Applicability of article. The provisions of this article shall apply to all property owners, persons, or their agents filling, grading, excavating or otherwise disturbing the surface of real property within the city, whether they be contractors, subcontractors, supervisors, inspectors, managers, agents, employees or otherwise. Failure to comply with the requirements of this article shall constitute an offense, and each day such failure continues shall constitute a separate offense. Ordinance #2005-72 Section 42.92, Article V, Grading, Excavation and Earthwork 1 Section 42-92 Grading permit required for filling, grading, excavating or disturbing the surface of real property. No person shall fill, grade, excavate or otherwise disturb the surface of real property within the city without first having secured a grading permit, in accordance with this article, from the engineering department or other department as designated by the City Manager. No owner of real property shall knowingly permit another person to fill, grade, excavate or otherwise disturb the surface of real property within the city without first having secured a permit from the city engineer. In addition, if the property to be filled, graded, excavated or otherwise disturbed is within a flood hazard area, a development permit must be secured from the engineering department or other department as designated by the City Manager as required in the Code of Ordinances, City of Wylie Texas, Chapter 50, Section 50-53. Section 42-93 Duty of property owner to prevent dirt, mud, and debris from washing onto public streets, alleys, or other public property. It shall be unlawful and an offense and shall constitute a nuisance for any person owning or having control of real property within the city to suffer or permit soil, mud, rock or debris to wash, slide, erode or otherwise be moved from said real property onto streets, alleys, utility facilities, rights-of-way or easements. It shall be the duty of each property owner or party in control thereof to prevent soil, mud rock or debris from such real property being deposited or otherwise transported onto the streets, alleys, utility facilities, rights-of-way or easements of the city and to inspect such property and acquaint themselves with the conditions existing and to remedy any conditions likely or calculated to allow soil, mud, rock or debris to wash, slide, erode or otherwise be transported onto the streets, alleys, utility facilities, rights-of-way or easements and failure to do so shall be deemed criminal negligence for the purpose of the offense described herein. Section 42-94 Requirements for filling, grading, excavation, etc. The City Engineer shall prepare a list of allowable fill material. All filling shall only be done using allowable materials listed for fill. All fill placed on a site and visible from a public thoroughfare shall be leveled and have a final cover of topsoil, six (6) inches minimum depth, that will support vigorous plant growth, immediately following completion of filling operations. Intermediate leveling and cover shall be required at intervals not to exceed thirty (30) days for filling operations that will exceed thirty (30) days in duration. In areas where fill is being place to control erosion, the City Engineer may substitute an alternate cover that is resistant to erosion for the requirement to cover fill with topsoil. Section 42-95 Issuance of permits; refunds of deposits; forfeiture of deposits. (a) The engineering department or other department as designated by the City Manager shall issue permits for the grading, filling, excavation or otherwise disturbing the surface of real property upon satisfaction of the following criteria by the applicant: (1) Application provides adequate assurance that city will be reimbursed for any expense of cleaning or removal of dirt, rock, debris or other pollutants from city streets, alleys, utility facilities, rights-of-way and easements or the barricading thereof by the posting of a deposit of cash with the city to guarantee same. (2) The amount of such deposit shall be established by the city council from time to time and is hereby established as follows: Ordinance #2005-72 Section 42.92, Article V, Grading, Excavation and Earthwork 2 Area One (1) acre or less For one (1) acre & up Amount $500.00 Minimum $500.00 + $100.00 for each additional acre (3) The applicant provides a notarized statement from the property owner giving permission for the applicant to fill, grade, excavate or otherwise disturb the property and acknowledgment by property owner of the responsibilities of the property owner as described in section 42-98 of this code. (4) Submission by the applicant of an erosion control plan for all work disturbing five (5) acres ofland or more. This erosion control plan must be approved by the City Engineer prior to issuing the grading permit. (5) Submission by the applicant of a copy of an approved Texas Commission on Environmental Quality (TCEQ) Stormwater permit for all work disturbing five (5) acres ofland or more. (b) If removal by the City of soil, rock, mud and debris from its streets, alleys, utility facilities, rights-of-way or easements is required by reason of work performed on property for which a deposit has been made pursuant to subsection (a), reasonable charges shall be billed to the applicant and subtracted from the balance of the applicant's deposit. (c) Upon written request by the applicant to the City Engineer the unused portion of the applicant's deposit shall be refunded ifthe following criteria is met; (1) The site for which the deposit exists has been stabilized against erosion; (2) No further hazard of erosion is present at the site; (3) All temporary erosion control structures have been removed; (4) Permanent erosion control facilities are in place and functioning properly as designed; and (5) The City Engineer or his designee has given written acceptance of public improvements. (d) An applicant who has submitted a written request for return of their deposit who meets The requirements of subsection (c) shall be refunded all funds not used to reimburse the city for the removal of soil, rock, mud and debris from its streets, alleys, utility facilities, rights-of-way or easements. Should an applicant fail to meet all requirements for a refund, the applicant's request will be rejected until such time as they are met. When the requirements have been met, the funds subject to refund will be sent first class mail to the address on the applicant's grading permit application or if such address had been updated pursuant to application instructions to the applicant's updated address. If the refund mailed to the applicant is returned by the United States Postal Service as undeliverable, the funds shall be forfeited to the City and placed in the general fund. (e) If a written request for return of a deposit is not made within two (2) years of the date the project on the property for which the deposit has been made receives written a acceptance from the City Engineer or his designee of the public improvements, the unused portion of the applicant's deposit shall be forfeited to the City and placed in Ordinance #2005-72 Section 42.92, Article V, Grading, Excavation and Earthwork 3 the general fund. (f) The City Engineer, or his/her designee, is hereby authorized to develop all forms, applications, permits, lists of allowable fill materials and other forms and materials necessary to carry out the intent of this Article. Section 42-96 Exceptions to the permit, permit fee and deposit. Construction, grading, filling or excavation undertaken by the City of Wylie, Wylie Independent School District, and churches shall be exempt from the deposit and permit fee as required by this article. Construction, grading, filling or excavation undertaken by franchised utility companies or utility companies that have the right to use city right-of-way pursuant to state law shall be exempt from the deposit and permit fee as required by this article. Section 42-97 Application and Permit Fee. A non-refundable fee of one hundred dollars ($100.00) shall be charged for each application for a permit submitted to the City to cover administrative expenses. The refundable deposit established pursuant to Section 42-95(a)(2) shall be deposited with the City of Wylie upon issuance of the permit. Section 42-98 Owner's responsibility. The property owner shall be responsible for all cleanup operations incidental to the grading, filling, excavation, construction or other disturbance of the surface of real property including leveling, establishment of ground cover, erosion control and removal of all trash or other materials not suitable for fill including those deposit on streets, alleys, utility facilities, rights-of- way or easements. If the property owner fails in any respect to fulfill the requirement of this article, and such failure continues for more than seventy-two (72) hours after the City sends written notice of such failure to the address, fax or email address provided on the application, the city may go upon the owner's property and perform such work as may be necessary to fulfill such requirements and may level, establish ground cover, construct erosion control, remove all soil, rock, debris and other materials not suitable for fill including those deposited on streets, alleys, utility facilities, rights-of-way or easements, at the property owner's expense and charge same against the deposit of the applicant. If a deposit has not been made with the city, or if the cost incurred by the city exceeds the amount of deposit, the city shall bill the property owner for the unpaid expenses and if the owner fails to pay the city for such expenses within thirty (30) days of being billed for same, the city shall have the right to place a lien on the owner's property which shall be filed with the county clerk for all amounts expended by the city in excess of the deposit plus interest at the current lawful rate. Section 42-99 Penalties. Any person violating the provisions of this article or part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the city Code as set forth in Part II, Code of Ordinances, Chapter 1, General Provisions, Section 1-9 thereof, as the same now exists or is hereafter amended. Ordinance #2005-72 Section 42.92, Article V, Grading, Excavation and Earthwork 4 SECTION 3: PENALTY PROVISION. Any person, firm, corporation or entity violating this Ordinance, as it exists or may be amended by this or any other Ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not to exceed TWO THOUSAND DOLLARS ($2,000.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: SA VINGS/REPEALING CLAUSE. Wylie Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: SEVERABILITY. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase hereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 6: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 17th day of November, 2005. ",,, " " """ ml1 'or ATTESTED TO AND "\,,, (j F !IV ;':"'/ CORRECTLY RECORDED BY/~~ '-' """....<~~~ ~ () ",,~ ~ , , , . - . - . - --:, . ';'",.;] ",.$"". '=' $' "'''; 0/. ", -j...1?' ", ',J Yti f= 'ft, i ....' 'Ill ~.-.;.... ; \",- "'i'llll\'\~ DATE OF PUBLICATION: November 30.2005 in the Wylie News Ordinance #2005-72 Section 42.92, Article V, Grading, Excavation and Earthwork 5 City of Wylie Application Permit No. Owner's Statement of Permission and Responsibility I being the Owner of the property, or authorized representative of the entity that owns the property, described in the attached Grading Permit and being fully authorized to complete and execute this application, do hereby give permission to [insert name ofperson(s) or entity(s) that will perform the work]: to fill, grade, excavate, or otherwise disturb the described property. Further, I acknowledge and understand all of the responsibilities and obligations of the Property Owner as described in the City of Wylie Fill Material Request Form and the Code of Ordinances of the City of Wylie, Texas, and all of the provisions including the right of the City of Wylie to go upon the property to perform any requirements unfulfilled by me, at my sole cost and expense. SIGNED this day of DEPOSIT REQUIRED: When permit issued. $ ; 1 st Acre $500 + $100 for each Additional Acre (round up) By: Signature Printed Name $100 APPLICATION FEE (NON- REFUNDABLE WHETHER PERMIT Title IS APPROVED OR DENIED) $ TOTAL AMOUNT DUE Projects by the City of Wylie, Wylie Independent School District (WlSD) and Churches are Exempt from paying the Deposit and the Permit Fee. Company Mailing Address Mailing Address Telephone & Fax Numbers State of Texas County of Before me, the undersigned authority, on this day personally appeared the person whose name is subscribed to the forgoing Owner's Statement of Permission and Responsibility and acknowledged to me that he/she has the authority to execute the same for the Company named therein. GIVEN under my hand and official seal the day of Notary in and for the State of Texas City of Wylie: Date: Chris HoIsted, P.E. - City Engineer Permit No. GRADING PERMIT REFUND REQUEST CITY OF WYLIE PROJECT NAME: PLAT NAME: PROPERTY LOCATION: PROPERTY OWNER AMOUNT ON DEPOSIT $ Depending on the project the following requirements may need to be completed before the refund is processed: o Submission by the applicant of a copy of a notice of termination (NOT) from the TCEQ to the City. o All disturbed areas on the site are revegetated with a vigorous stand of grass or other ground cover. o Permanent erosion control devices are no longer required and removed from site. o No further hazard of erosion is present at the site. o The City Engineer or his designee has given written acceptance of the public improvements. Upon determination by the City Engineer that no further hazard of erosion, silting, or debris being deposited on streets, alleys, utility facilities, rights-of-way or easement exists by reason of the condition ofland for which a deposit is made, so much of such deposit that is not required to reimburse the City for the expense of removal of soil, mud, rock, and debris from its streets, alleys, utility facilities. rights-of-way or easements by reason of work performed on such land shall be refunded. The reasonable charge of such removal by the City shall be billed to permittee from time to time and subtracted from the balance of the deposit. Deposited By: Name Return Grading Permit Refund Request to: Title Grading Permit Refund Request Company City of Wylie Engineering Department Address Attn: Chris HoIsted, P.E., City Engineer 2000 Highway 78 North Wylie, TX 75098 Phone In accordance with Ordinance No. XXXX, this is a written request for refund of Grading Permit Deposit for Grading Permit Date of Request: Signature of Requester: Printed Name: Company Name: Mailing Address City, State, Zip Comments: LIST OF ALLOW ABLE FILL MATERIALS FILL IN AREAS ZONED FOR COMMERCIAL USE (excluding ROW or Easements): Clean soil, clay, shale gravel or sands. Broken concrete pavement, if the maximum particle size is 4" in diameter and all reinforcing steel is removed. FILL IN AREAS ZONED FOR RESIDENTAL DEVELOPMENT (excluding ROW or Easements): Clean soil, clay, shale, gravel or sands. All fill on residential lots and pads shall be compacted to a minimum of 92% of standard proctor (ASTM D-698) with optimum moisture content of 0% to +6%. Compaction shall be placed in maximum of 12" loose lifts and shall be compacted with sheep's foot vibratory roller. FILL IN AREAS THAT ARE OR MAY BECOME CITY RIGHT-OF-WAY OR EASEMENT. Clean soil, clay, shale, gravel or sands. Under existing paving, fill material shall be crushed concrete roadbase. Type and gradation must be approved by the City Engineer. All fill within City right-of-way or easements shall be compacted to a minimum 95% of standard proctor (ASTM D-698) with optimum moisture content of 0% to +6%. Compaction shall be placed with a maximum of 6" loose lifts and shall be compacted with sheep's foot vibratory roller. TEST REPORTS Compaction tests shall be preformed by an approved testing laboratory and reports shall be submitted to the City of Wylie Engineering Department. MATERIALS UNSUITABEL FOR FILL: The following materials are unsuitable for fill due to their high potential for settlement, decomposition, or other unsatisfactory engineering properties: Trash or debris of any kind. Any soil or debris that has a high organic content, such as pond silt, topsoil with roots, wood chips, brush or tree limbs, etc... Topsoil may be used in landscaping areas when there is an approved site plan that details the location of future paving and structures and landscape areas. Broken concrete pavement, if the particle size is greater than 4" in diameter or if there is any reinforcing steel. Reinforcing steel or other steel products. Asphaltic materials. Bricks Note: Per the Texas Administrative Code, Title 30 Environmental Quality, Chapter 330 "Municipal Solid Waste" - the use of asphalt materials and concrete containing reinforcing steel for fill is not permitted.