Pre-con 6)Erosion OrdAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. Ct l, l q
EROSION SEDI, TATIO. CO ROL CODE
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES
'OF THE _'CITY'BY ADDING~HESE TO N NEW"ARTICLE 15-8 TO BE KNOWN AS THE CITY
., OF .COPPEhL EROSION~]AND~SEDIMF_.NTA?ION iCONTROL CODE DESIGNED TO MINIMIZE
EROg[ON'"~AND SEDIMENTKTION FROM PRIVATE PROPERTY ONTO PUBLIC PLACES AND
PUBLIC RIGHTS-OF-WAY; STATING THE PURPOSE AND SCOPE OF THE CODE; MAKING IT
UNLAWFUL TO PERMIT A PUBLIC EROSION NUISANCE; DEFINING A PUBLIC EROSION
NUISANCE; PROVIDING NOTICE PROVISIONS; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND
PROVIDING THAT SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING
OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR THE DUTIES OF
THE CITY AND THE RESPONSIBILITIES OF THE OWNER; PROVIDING FOR AN EROSION
AND SEDIMENTATION CONTROL PLAN TO BE SUBMITTED BY DEVELOPERS; PROVIDING
FOR SURETIES TO BE PROVIDED BY DEVELOPERS; PROVIDING FOR STOP WORK ORDERS
TO BE ISSUED FOR VIOLATIONS; PROVIDING FOR INJUNCTIVE RELIEF AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE COPPELL, TEXAS:
Sec. 15-8-1
ARTICLE 15-8: EROSION AND SEDIMEI~TATION CODE
FINDINGS OF FACT, PURPOSE, AUTHORITY, RELATED ORDINANCES
A. FINDING OF FACT
The City of Coppell has in the past experienced
significant soil erosion and sedimentation problems.
Large quantities of earth have been displaced from private
property onto drainage easements, storm drains and other
public places, access easements, public easements and
public rights-of-way. Erosion is a dangerous activity in
that it contaminates water supplies and water resources.
Excessive sedimentation clogs watercourses, drainage
easements and storm drains, and causes flooding which
results in substantial damage to public and private
lands. These problems result in a serious threat to the
health, safety and general welfare of the community.
B. STATEMENT OF PURPOSE
This ordinance sets forth the minimum performance standard
necessary to protect against erosion and sedimentation
problems within the City of Coppell and to establish the
various public and private responsibilities for providing
this protection. It is the intent of this ordinance to
set forth performance standards which all erosion and
sedimentation controls must, at a minimum, meet. It
Page I
shall be the duty and responsibility of all persons, firms
or corporations to which this ordinance applies, to design
and implement erosion and sedimentation control measures
which meet the performance standards contained in this
ordinance. Further, it is the purpose of this ordinance
to:
(1) Protect human life, health and property;
(2)
Minimize expenditures of public money for cleaning
sediment out of streets, sidewalks, storm drains and
watercourses;
(3)
Ensure that those who expose soil to possible
erosion losses are minimizing those soil losses;
(4)
Preserve the natural beauty and aesthetics of the
community:
(5)
Prevent the pollution of streams, ponds and other
watercourses by sediment.
(6)
Provide for restoration of sites to reduce the
negative environmental impacts of construction
activity.
C. SCOPE OF AUTHORITY
The provisions of this ordinance apply to:
(1)
Any person,
to develop
of Coppell;
firm, corporation or business proposing
land or improve property within the City
(2)
Any person, firm, corporation or business currently
developing land or improving property within the
City of Coppell; and
(3)
Any person, firm, corporation or business who owns,
possesses, is in custody of, or exercises control
of, property within the City of Coppell.
This ordinance applies to individual building structures,
subdivisions, excavations and fill operations, all
development and all other similar development activities.
D. RELATED ORDINANCES
Besides this ordinance, the City of Coppell has other
ordinances, regulations, and specifications possibly
affecting erosion and sedimentation control. In the event
of a conflict between this ordinance and any other
ordinances of the City of Coppell, the most restrictive
ordinance shall govern.
Page 2
Sec. 15-8-2 APPLICABILITY, NOTICE AND ABATEMENT
A. LANDS TO WRICR THIS ORDINANCE APPLIES
All properties (lands) within the City of Coppell are
subject to this ordinance.
B. OFFENSE OF FAILING TO PREVENT A PUBLIC EROSION N~JISANCE
It shall be unlawful for any person, firm or corporation
which owns, possesses, is in custody of or exercises
control of property to permit a public erosion nuisance to
occur on said property. A public erosion nuisance is an
occurrence where erosion of, or sediment from, one
location causes an unsafe, bothersome, or unsightly
condition on public property and public rights-of-way. An
unsafe, bothersome or unsightly condition or burden
includes silt, mud or similar debris, originating on one
property but being deposited onto a second off-site
property, which is public property or a public
right-of-way from which the City of Coppell may have to
remove or clean up the deposit due to liability,
statutory, aesthetic, drainage or property damage
concerns. Examples include, but are not limited to:
(1)
Excessive sedimentation in storm drains, drainage
easements and watercourses caused by erosion; and
(2)
Excessive sedimentation on public streets,
sidewalks, alleys, easements and other rights-of-way
caused by erosion.
It is not a violation of this ordinance if erosion and
sedimentation occurs upon private property and is
deposited upon private property. Only erosion and
sedimentation which impacts upon public property and
public rights-of-way are governed by this ordinance.
C. NOTICE PROVISIONS
It shall be the duty of the City Engineer or his designee
to give forty-eight hours (48 hours) notice, in writing,
to the owner or agent in charge of any premises believed
to be in violation of this ordinance, to correct the
public erosion nuisance and to clean up and remove the
offending and burdensome sedimentation.
A notice of less than 48 hours may be given in the event
that the City Engineer decides, in his judgement, that the
situation believed to be in violation of this ordinance
poses a substantial and immediate threat to public health,
safety, and welfare.
Page 3
D.V~I~CES
The City of Coppell City Council may grant a written
variance from the provisions of this ordinance if strict
adherence to requirements will result in unnecessary
hardship and not fulfill the intent of this ordinance.
The owner shall submit a written request for a variance to
the City of Coppell. The request shall state the specific
variances sought and reasons for requesting the variance.
The City of Coppell shall not grant a variance unless and
until sufficient specific reasons justifying the variance
are provided by the owner.
E. ABATEMENT BY CITY
In the event that the owner of any lot, tract, parcel of
land, or a portion thereof situated within the corporate
limits of the city shall fail to comply with this
ordinance, then the City Engineer, or his designee, shall
notify such owner by letter, addressed to him at the
address shown on the last approved tax rolls of the City
or at any residence or business structure located on
subject property or at the last known address. The
mailing of notice in accordance with any of the above
shall satisfy this section. In the alternative, the city
may notify the owner by publication in the City's official
newspaper on one (1) occasion. At the expiration of ten
(10) days after notification or publication, the city may
enter upon such premises and may do such work as is
necessary, or cause the same to be done, in order that the
premises may comply with the requirements set forth within
this ordinance. A statement of the cost incurred by the
city to abate such condition shall be mailed to the owner
of said premises, which statement shall be paid within
thirty (30) days of the date of the mailing thereof. In
the event that said statement has not been paid within
such period, the City Manager may file a statement with
the Dallas County Clerk of the expenses incurred to abate
such condition on said premises, and the city shall have a
privileged lien on any lot, tract or parcel of land upon
which such expense is incurred, together with ten (10)
percent on the delinquent amount from the date such
payment is due. For any such expenditure and interest, as
aforesaid, suit may be instituted and recovery and
foreclosure had in the name of the city and the statement
so made, as aforesaid, or a copy thereof shall be prima
facie proof of the amount expended in any such work
performed by the city.
The City Manager or his designee shall file a statement of
expenses incurred, giving the amount of such expenses, the
date on which said work was done or improvements made,
with the county clerk; and the city shall have a
privileged lien on such lots or real estate upon which
Page 4
said work was done or improvements made to secure the
expenditures so made, in accordance with the provisions of
Subchapter 'A" of Chapter 342 of UTCA Health and Safety
Code, which lien shall be second only to tax liens and
liens for street improvements; and said amount shall bear
ten (10) percent interest from the date said statement was
filed. Further, for any such expenditures and interests
as aforesaid, suit may be instituted and recovery and
foreclosure of said lien may be had in the name of the
city; and the statement of expenses so made, as aforesaid,
or a certified copy thereof, shall be prima facie proof of
the amount expended for such work or improvements.
Sec. 15-8-3
DUTIES AND RESPCNSIBILITIES
A. DUTIES OF CITY OFFICIALS
The City Engineer is hereby appointed to administer and
implement this ordinance. The duties of the City Engineer
or his designee shall include, but not be limited to:
(1)
Inspecting sites to determine compliance with this
ordinance;
(2)
Determining if sureties shall be exercised. If so,
the City EnGineer shall arrange for the work to be
done, and if not, the City Engineer shall return the
sureties to the applicant; and
(3)
Determining if a "stop work order" shall be issued
and, if so, when the 'stop work order" shall be
removed from the project or construction, and work
allowed to commence or recommence.
B. RESPONSIBILITIES OF OWNERS
The owner, builder, developer, tenant, or any other
person, firm, or corporation who owns, possesses, is in
custody of, or exercises control of, property shall be
responsible for any silt, mud, or sands transported from
the property by drainage. The intent of this ordinance is
that owners, builders, and developers make provisions for
preventing erosion and sedimentation problems at such time
as their property is proposed for development, use, or
modification, and to continue such preventive measures
during the actual construction end development of the
property. Additionally, all persons, firms, or
corporations who, after construction and development, own,
posses, are in custody of, or exercise control of, the
property are responsible for preventing the erosion end
sedimentation problems addressed by this ordinance.
Page 5
Sec. 15-8-4 ADMINISTRATION, EROSION AND SEDIMENTATION CONTROL METHODS,
APPROVALS, SI~RETY
A. STANDARD FOR NEW SUBDIVISIONS
In addition to those requirements for subdivisions found
in Code of Ordinances, City of Coppell, Texas, all
applicants for subdivision of land shall submit to the
City Engineer an erosion and sedimentation control plan
for approval prior to the commencement of construction.
The erosion and sedimentation control plan shall be
included in the engineering construction plans.
B. EROSION AND SEDIMENTATION CONTROL PLAN
The objective of the Erosion and Sedimentation Control
Plan is to prevent public erosion nuisances. The
prevention of public erosion nuisances can be promoted, in
part, by the following goals:
(1)
Reduce sedimentation in streams, creeks, lakes,
waterways, storm drains, etc.
(2)
Protect the quality of the water in the City of
Coppell.
Provide, protect, and preserve wildlife habitat.
(4)
Provide for restoration of sites to reduce the
negative environmental impacts of construction
activity.
See Exhibit 'A' Pages 12 to 17 providing examples on
erosion control methods.
C. METHODS OF REDUCING EROSION AND SEDIMENTATION
In order to implement the objectives stated above, the
following design considerations are necessary:
(1)
Limit the size of disturbed areas to the greatest
extent possible.
(2) Stabilize any disturbed area as soon as possible.
(3)
For construction activities in waterways, the
following additional requirements must be met.
(3-1)
At the end of each working day the
Contractor shall remove all loose
material from the channel.
excavated
(3-2) No construction or fill materials can be
Page 6
(4)
(5)
(6)
(7)
(8)
(9)
(lO)
(il)
(12)
(13)
(14)
(15)
(16)
stored within the limits of the channel. All
equipment and materials storage and staging
areas must have erosion controls.
(3-3) Rock berms or sand bag berms shall be used to
entrap sediment.
(3-4) Flooding potential should be considered when
locating the control measures.
Controls are required to intercept silt from all
disturbed areas.
Keep the velocities of stormwater runoff below the
erosive level.
Protect street areas and areas disturbed by
development activity from upstream runoff.
Capture and filter/drain stormwater runoff.
Minimize the extent of sediment leaving the project
site.
Reduce flooding hazards and silt removal cost
associated with excessive sediment accumulation
storm drains and waterways.
Reduce the concentration of stormwater runoff and
promote street flow to greatest extent possible.
Revegetate all disturbed areas with a rapid,
vigorous growth of long-term vegetation composed of
a mixture of grasses, forbs and woody plants.
Provide sedimentation and/or filtration pond to
maintain amd improve water quality.
Erosion control plans should be phased to
accon%modate for changes in drainage patterns that
occur during development.
Reduce the silt leaving a construction site on the
wheels of construction vehicles by providing vehicle
washing areas and/or established construction
entrances and exits.
Preserve and protect existing vegetation to the
greatest extent possible.
Planning should consider the natural topography
and soil condition in an attempt to limit
erosion potential.
the
Page 7
(17) Design erosion/sedimentation controls to harmonize
with natural character of the lands.
(18)
When storm drain inlets must be protected, a
perimeter filtration dike shall be used (triangular
filtration dike or hay bale dike).
The above listed considerations are illustrative only, and
are not to be considered an exhaustive list of criteria an
effective erosion, and sedimentation plan should address
in order to prevent a public erosion nuisance.
It shall be the sole responsibility of the applicant to
prepare and submit an erosion and sedimentation control
plan~ which meets the requirements of the City of Coppell
and this ordinance.
The plan shall include sufficient information to evaluate
the environmental characteristics of the effected areas,
the potential impacts of the proposed grading on water
resources, and the effectiveness and acceptability of
measures proposed to minimize soil erosion and off-site
sedimentation. The applicant shall certify on the
drawings that all clearing, grading, drainage,
construction, and development shall be conducted in strict
accordance with the plan.
D. EFFECT OF APPROVAL
It is to be understood that the approval of an Erosion and
Sedimentation Control Plan by the Engineering Department
does not constitute a recognition by the City that the
Erosion and Sedimentation Control Plan will prevent any,
or all, public erosion nuisances. By approval of the
Erosion and Sedimentation Control Plan, the City does not
warrant that the Erosion and Sedimentation Control Plun
will be sufficient to prevent a public erosion nuisance,
and the City waives no rights to pursue any legal
remedies, both under this ordinance, and all other
applicable ordinances and laws.
If for any reason, after an Erosion and Sedimentation
Control Plan is approved by the Engineering Department, a
public erosion nuisance occurs on property addressed by
said Erosion and Sedimentation Control Plan, the approval
of said Erosion and Sedimentation Control Plan shall not
be a defense or bar to prosecution under this ordinance.
E. WARNING AND DISCLAIMER OF LIABILITY
The planning considerations given in this ordinance for
erosion controls rely on a degree of erosion and
sedimentation control and flood protection that is
considered reasonable for regulatory purposes and that is
Page 8
based on scientific, engineerinG, and economic
considerations. This ordinance does not imply that
erosion and sedimentation controls will survive inundation
by runoff from storms or that land below such controls
will be free from floodinG or flood damages. This
ordinance shall not create liability on the part of the
City of Coppell, or any officer or employee thereof, for
any flood dama§es, or erosion or sedimentation damages,
whether to persons or property, that result from reliance
on this ordinance or any administrative decision lawfully
x,~made thereunder.
~ F.~URETY FOR PERMANENT EROSION CONTROLS IN NEW SUBDIVISIONS
The applicant shall provide a surety in the form of cash,
certificate of deposit, surety bond, or irrevocable letter
of credit acceptable to the City to insure that vegetative
cover and other permanent erosion control measures are
installed, maintained, and functioninG properly up to a
two (2) year period from the date of final acceptance of
the dedicated streets and/or utilities by the City of
Coppell. This surety shall be given to the City before
the final acceptance of the streets and/or utilities.
This surety shall be in the amount estimated by the
Developer, which is 100 percent of the cost of
constructing and maintaining the permanent erosion
controls for a two-year period. However, such estimate is
subject to review by the City Engineer and may be
rejected, and the surety not accepted, if the City
Engineer deems the estimate not to be a reasonable
approximation of the costs of constructing and maintaininG
the erosion controls.
Should the vegetative cover die or become sparse or the
erosion controls fail to be maintained or are not
functioninG during this two-year period, the City may
notify applicant in writinG. The applicant has ten (10)
days after being notified to begin correctinG the
problems. If no corrections are started, the City may
make the necessary repairs by exercising the surety or
billing the applicant. If at the end of the two-year
period the vegetative cover is still not established or is
sparse, or the erosion controls are not functioning, the
City may exercise the surety and have the erosion controls
installed and established.
The above procedures for ensurinG that vegetation is
established shall apply to all projects, whether or not
the vegetation is the lonG-term maintenance responsibility
of the City. Any vegetative cover which is planted and is
a permanent part of the improvement project will not be
accepted by the City until the growth has been established
Page 9
and maintained by the developer for a two (2) year period
from the date of final acceptance of the subdivision.
After the two-year period has elapsed, the owner of the
property shall be responsible for maintaining the erosion
controls in good working order. If any future owner
modifies or disturbs the erosion controls for the area,
that owner must restore or replace the permanent erosion
controls at the conclusion of the disturbing activity.
G. STOP WORK ORDERS
All development, improvement, and construction on any land
which is in violation of the provisions of this ordinance
may be halted and stopped by order of the City Engineer.
No stop work order may be issued until the notice
provisions of this ordinance are fully complied with by
the City and the owner or agent of the premises is given
reasonable time period to correct the public erosion
nuisance and to clean up and remove the offending and
burdensome sedimentation.
Sec. 15-8-5
SEVERABILITY
If any section, article, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof
to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction,
such holdings shall not affect the validity of the
remaining portions of the ordinance, and the City Council
hereby declares it would have passed such remaining
portions of the ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Sec. 15-8-6 PENALTY
Any person violating any of the provisions of this
ordinance shall be deemed ~ilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed
Five Hundred Dollars ($500.00) and a separate offense
shall be deemed committed upon each day during or on which
violation occurs or continues.
Page 10
Sec. 15-8-7 EFFECTIVE DATE
This ordinance shall take effect immediately from and
after its passage and the publication of the caption as
the law in such cases provides.
DULY PASSED by the ~i~y ~ouncil of the City of Coppell,
~-~-~ day of
Texas, on the
APPROVED:
ATTEST:
APPROVED AS TO FORM:
~IT~/ATTORNEY ' U
Page 11
ROCK BERM
(N.T.S.)
.CROSS SECTION
PLAN VIEW
Sand bag barrier
ANCHOF~ DETA~.
Exhibit 'A'
Pa~e 12
GRASS-LINED SWALE
Oeil ily or lay not TRAPEZOIDAL CROSS'SECTION
~~-~-~ ~__v~
PARABOLIC C~OSS-SECTION
HAY BALE DIKE
(N T.$.)
EMBEDDING DETAIL
Exhibit 'A'
Page 13
OR SOOOED VEC~ETAT)ON~
Vegetative Filter
"'~' '" WAT'~-FiWA y
FLOW
Exhibit 'A'
Page 14
Erosion Control Filters
CONCRETE
MASONRY BLOCKS
"~ ..... ~ TER MATERIAL
..~;i.i.~...~.~..~~''i~-' ' ~ '?.-':
Filter Inlet
Filter Berm
Exhibit 'A'
Page 15
~.-~....... ~ Sedimentation Basin
-~ ,
'SEDIMENT POOL
Exhibit 'A'
Page 16
DIVERSION DIKE-SOIL
(N.T.S.)
CROSS SECTION
INTERCEPTOR DIKE-SOIL
(N.T.S.)
CROSS SECTION
FLOW
Exhibit 'A'
Page 17
NOTES
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