OR 89-438.1 Fee to cover required detail study of hydraulics & hydrology AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 89438.1
AN ORDINANCE AMENDING ORDINANCE 341, THE SUBDIVI SION ORDINANCE OF
THE CITY OF COPPELL PROVIDING AND ESTABLISHING A FEE TO COVER THE
REVIEW OF ANY REQUIRED DETAIL STUDY OF HYDRAULICS AND HYDROLOGY
DESIGNED FOR DEVELOPMENTS WITHIN AREAS OF THE CITY DESIGNATED AS
A FLOODPLAIN: PROVIDING CERTAIN EXEMPTIONS: PROVIDING A REPEALING
CLAUSE: PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Floodplain Management Ordinance (Ordinance 88-426) and the Master
Drainage Plan provides guidance for development in the floodplain, and
WHEREAS, it is the responsibility of the City to determine if a proposed development
meets the criteria, and
WHEREAS, in order to meet such responsibility, it may be necessary under certain
conditions for the City to require a study of the hydraulics and hydrology designed
for such developments, and
WHEREAS, it is necessary to establish a fee to cover the cost to the City for the
review of such study; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS
SECTION 1.That .Section XVI of Ordinance 341, the "Fee" section of the Subdivision
Ordinance of the City be amended by adding thereto new Subsections I and J, which
should read as follows:
"I When any development within the City includes property within floodplain
areas of the City, non-refundable fees shall be collected to cover out of
pocket costs or only those costs directly charged to the City by the
Consultant retained to conduct the review of floodplain studies:
A. Non-computer modeling studies - $500.00 maximum.
B. Computer studies (HEC-Z, WSPN or other approved method).
C The fee for additional reviews shall be equal to those fees
charged to the City by the Consultant.
D. Floodplain Information Inquiry:
The fee for a written response from the City for each specific
site or building shall be $50.00.
"J The fees established in Section I above, shall not be applicable to a develop-
meat which includes only one single family residential lot and does not
impact the floodplain to the point that' a floodplain study is necessary.
The above fees shah accompany each application by property zoned for development
in floodplain areas established in the City."
SECTION Z. REPEALING CLAUSE
All parts of Ordinances, inconsistent or in conflict with the provisions
of this Ordinance, are hereby repealed.
SECTION 3. SEVERABILITY CLAUSE
If any article, paragraph or subdivision, clause or provision of this
Ordinance shall be adjudged invalid of held unconstitutional, the
same shall not affect the validity of this Ordinance as a whole or
any part or provision thereof, other than the part so decided to he
invalid or unconstitutional
SECTION 4. PENALTY CLAUSE
Any person, firm or corporation violating any of the provisions of
this Ordinance shall be deemed guilty of a misdemeanor and, upon
conviction, shall be punished by a fine not to exceed the sum of
Five Hundred Dollars ($500.00) for each offense, and each and every
day such offense is continued shall constitute a new and separate
offense.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect after its passage and publication of its
caption, as the law in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas this the
9 day of May, 1989
APPRPOVED:
MARK WOLFE
MAYOR
ATTEST:
COROTHY TIMMONS
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY ,,~