Erosion control bond info 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
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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.
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