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Home My WebLink AboutO-2003-1444-D "\ - . ORDINANCE NO.jL{ 4-Lf -D AN ORDINANCE AMENDING SECTION 11.02, DRAINAGE AND STORM SEWERS, OF CITY OF LA PORTE ORDINANCE NO. 1444-A REGULATING THE PLATTING OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTE AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that all prerequisites of law have been satisfied, and hereby determines and declares that the amendments to Section 11.02, Drainaae And Storm Sewers, of City of La Porte Ordinance No. 1444-A, are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 2. Section 11.02, Drainage and Storm Sewers, of City of La Porte Ordinance No. 1444-A is hereby amended by adding Exhibits "A" and "B", pertaining to the addition of a Fill Dirt Permit, adding Fill Dirt regulations, grading standards, and swale standards; requiring sketch plans and approval prior to the introduction of fill material; and providing for silt prevention and revegetation standards. Said Exhibits "A" and "B" are attached to this Ordinance, and are incorporated by reference herein as if set forth verbatim." Section 3. Section 11.02, Drainage and Storm Sewers, of City of La Porte Ordinance No. 1444-A is hereby amended by adding a fill dirt permit fee. Said fee shall be $25.00 for the first 49 loads of permitted fill dirt, and $2.00/10ad for each additional load. Any person who places fill dirt on their property without first applying for and obtaining a fill dirt permit shall be guilty of a misdemeanor. ORDINANCE NO. 1444-D . Page 2 . Section 4. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall . violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. Section 5. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-~nforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. Section 6. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during ORDINANCE NO. 1444-' . Page 3 . which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 8. This Ordinance shall become effective fourteen (14) days after its passage and approval, however, implementation of this ordinance will not take place until 180 days after its passage. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED THIS THE Ll: DAY OF FJugusr , 2003. CITY OF LA PORTE By:L~4'~du. RMAN MA ONE, ayor AlTESTATION: BY:vfl~f.II!L MAR HA GILL IT, City Secretary APPROVED: Large Lots .i!. acre or more) 6-49 Loads 50 and more Loads 444-A Small Lots J!!ss than 1 acre) 6-49 Loads 50 and more Loads EXHIBIT A TO ORDINANCE All Lots 1-5~S "'" * * * * * * * . . . . . * . * . * * . . PERMIT REQUIREMENTS AND CONDITIONS 1 2 3 4 5 6 - e . . - . - - . - - . - ; - - * 'See Item 8 'See N~es 3&4 I 'See Item 8A ; ; ; ; - - - - . . - - . . . . - . - . ; - . 'See Item 8 'See Notes 3&4 I 'See Item SA * . * . . . * . . . For Curb & Gutter Streets, Grade Fill at 0.2%-0.75% toward street . For Lots Abutting an Alley Way, Match the Grade of the Alley and Grade to Drain Toward Street Grading & Drainage Plan submitted signed and sealed by Professional Engineer licensed in the State of Texas Storm Water Pollution Prevention Plan and Revegetation Plan submitted 8B Demonstration that Watershed is Not Being Adversely _ Impacted . 8C Grade of swales to be customed/en ineered for each site 9 Sketch, Surveyor Site Plan Showing Proposed Fill Placement and Location of Pro osed Draina" e drawn to scale 10 Silt Prevention and Reve etation Ian r uired 11 . 1 ft To of Bank Swale Offset from Pro ert Line 125ft To of Bank Swale Offset from Pro rt Line 13 No Fill Unloaded within 15 ft of Pro rt Line 14 No Fill Unloaded within 5 ft of Pro ert Line 15 Address for Site Required And Fill Must be Delivered to this address Any deviation from these permit requirements Shall be Reviewed 16 and Approved By the City . = Required Information, Activity or Regulation 6A 7 8 8A ",Iblrt-f~f.-A+ ( 1br-~1 f,.(~~IN No dump trucks larger than 12 CY dump trucks shall be allowed for use in deliver to addresses off truck routes. Only one Fill Dirt Permit will be issUed for anyone property or address over a 180 day span. Silt prevention plan shall at a minimum consist of silt fencing or block sodding rows of sod 2' wide along the leading edge of the filled area. Revegetation shall consist of seeding, sprigging, sodding, turf establishment (or combination thereof) that produces an effective vegetative cover of 75% within 90 days. eu """v !.'Li;v~' ~1~/(.~SI'/';Ji ~~ ~~ll'cJt,Ji. ~ ~ 'Aft'~{~f~ 1~~fb'6i. Note: 1 2 3 4 j" ~';A' . . "EXHIBIT "B" NOTE: CROWNED AT SECTION A-A MAX HEIGHT OF FILL 6" BELOW CROWN OF ROAD SECTION A-A LOT GRADING PROPERTY UNE LOCATION OF A-A MAY VARY MATCH ADJACENT GRADE A 1 ALl 1 I AREA I A OFFSET NOTE: MIN. SLOPE 0.2 % ROADWAY LARGE LOT GRADING MINIMUM SWALE "- PROPERTY UNE- FILL PERMIT DETAILS 604 W. Fairmont Parkway Planing Dept./Engineering Div. LI Porte. Texas n571 281-471-5020 l:l > ~ ..,; ~ i:i .J d 10.. I / I- ~ Ei I .J .J - 10.. I (1\ ,. (II l:l > ~ I- ..... ~ ,. (II ..... u ~ :J o (II ..... ~ ,. ~ P"u.e1 all "",,.0Ill.'I"'f u",e :::,.0 Sfl\~ OR ALLEY PROPERTY UNE .A!:- "",'1"01 AlJE'/ OR PROPER'I"Y UllE GRADE '\"0 $TllEEI" -= OR ALLEY SMALL LOT / SMALL PROJECT IN CURB & GUlTER AREAS SMALL LOT/SMALL PROJECT IN OPEN CHANNEL AREAS " CI1Y OF LA PORTE DATE: JULY 2003 DRAWN BY: JR CHECKED BY: BS APPROVED BY: RAC NOT TO SCALE DWG NO: 0703FDOl . e FILL DIRT PERMITS lnformation on Fill Dirt Policies and Procedures 1. Fill dirt permit application can be obtained at inspections desk. For questions on Fill Dirt permitting contact the Planning Department (281-471-5020) and schedule appointment with City Engineer or his designated assistant. 2. The Texas State Water Code Section 11.086 reads as follows: (a) No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded. (b) A person whose property is injured by an overflow of water caused by an unlawful diversion or impounding has remedies at law and in equity and may recover damages occasioned by the overflow. The homeowner is solely responsible for complying arid adhering to the above state statute. The homeowner may be held liable for failing to comply with Section 11.086. 3. Property owner should find their lots size and load estimate amount on the attached matrix and comply with all bullets in that column. 4. Haul routes for the delivery dump trucks should be held to those routes listed in Section 70- 231 of the Code of Ordinances. Repetitive trips needed off of these designated routes could result in the assessment of ~ TruckinglHauling surcharge. Any damage to the various streets and thoroughfares of the City of La Porte shall fall under Section 70-259 of the Code of Ordinances which reads as follows: Any person moving or causing to be moved a load which, together with the weight of the vehicle, exceeds the limit as set out in section 70-256, shall be liable to the city for any damage done by any such excessively loaded vehicle to the streets, bridges or culverts in the city and the acceptance of either. of the permits provided for in this division shall be conclusive evidence that the person to whom such permit is issued agrees to make good and pay all such damages upon demand thereof made by the city. 5. In the cases of fill projects between 6-49 loads, the standard swale to be used shall conform to at least the minimum dimensions shown on the example. 6. The City of La Porte is NOT responsible for providing fill dirt. Cityballl'(S)f CPSharelFiIl Dirt Permitting/FILL DIRT POLICIES2.DOC Revision July 2003 . e 7. No fill may be placed in the floodplain without compensating excavation. Any fill placed in the floodplain must be accompanied by a sealed compaction test stating that the fill has been compacted to 95% Standard Proctor or better. 8. After the property owner has demonstrated sufficient compliance with the intent of these policies and procedures, a permit may be issued through the Inspection Division. 9. Any deposited fill dirt that is liable to hold stagnant water is a violation of section 34-128 of the city's code of ordinances. Section 34-128 reads as follows: The following specific acts and conditions are declared to constitute a public nuisance and are hereby prohibited and made unlawful: Any lot or parcel of real estate situated within the city which has the surface thereof filled or partly filled with holes, or is in such condition that the lot or parcel holds or is liable to hold stagnant water therein, or, from any other cause, is in such condition as to be liable to cause disease, or produce, harbor, or ~pread disease germs of any nature or tend to render the surrounding atmosphere unhealthy, unwholesome or obnoxious. 10. Upon receipt of a fill dirt permit, the permit holder must place the green placard (provided with permit) at a prominent location at or near the entrance of the site where flll dirt operations will occur. . CityhallI'(SY CPShareJFiIl Dirt Permitting/FILL DIRT POUCIES2.DOC Revision July 2003 CITY OF LA PORTE e' TRUCK ROUTE LOCATIONS - - ;' CITY OF LA PORTE This brochure has been designed to provide ; I ~ ~ !he hcatioa of tH Tmckhn~' m the Clty.of La.Pertll'_ .-.. -' - . . . - Note: No" person -ShaJrGperate tni~k ~atdc t upon any roads. streets or throu,h fmsi -. within the corporate city limits Of La Porte, except on those, which are desiglated' as Truck Routes. , , Truck traffic restricted to the streets desig- nated as Truck Routes may depart from such Truck Routes where it is necessary to load, unload or seek repairs at a 181Jitimate repair facility. These trucks shall exit from and re-enter the Truck Route using tbe nearest route possible. ---- -- . \ ~ : I I :': '", : . ~a,... r 'I ~ ,I CITY OF LA PORTE HALL 604 W Fai..lftont Pa..kway La Po"'e Texas 77571 Phone: 281-471-5020 Fax: 281-471-7168 .' Alternate Routes Whenever any street or roadway designated as a truck route is under repair, or otherwise temporarily out of use, the chief of police shall be authorized to designate alternate truck routes. If such truck traffic shall originate outside th( corporate limits of the city and enter the city at a point which is not on a designated truc.. route, it shall proceed to the nearest point 0 . a designated truck route by the most direct route possible. - CITY OF LA PORTE - I 804 W ra....o... .....kway La Pod_ 1'__ 22521 P"o_: 281.421.5020 rail: 281.421.2188 FalJmODt Pukway New Higllway 146 to west corporate city IimilJ. West MaID Street New lligllway 146 te west eorporate city limits. North 23rd Street North Avenlle C to West Main Street. UDdelWood Road Elltire extent within corporate city limits. PoweD Road rairmont Parkway sOlIth to 1700 block of Powell Road. The following streets' are designated RazardoU$. C~o 'I'i1ick. Roates State Ilighway225 - .. Entire extent within the corporate city limits. New HIghway 146 Entire extent within the corporate city limits. Fabmont Parkway New Highway 146 to west corporate city limits. LA PORTE TRUCK ROUTES ..." - . The City of La Port has two types of Truck Routes: 1. Regular Truck Routes, and 2. Hazardous Cargo Truck Routes The following streets and designated as Regular Truck Routes: State Highway 225 The entire extent within the corporate city limits. New Highway 146 The entire extent within the corporate city limits. Barbours Cut Blvd. New State Highway 146 east to corporate city limits. 16th Street Barbours Cut Blvd. south to Fainnont Parkway. . . . . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Au!!ust ll. 2003 Appropriation Requested By: Rohert Alden C.llmming,1il Source of Funds: Department: PlanDing Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Amount Requested: Exhibits: 1. Proposed Ordinance 2. Proposed Exhibits to Ordinance Budgeted Item: YES NO SUMMARY & RECOMMENDATION Staff, in cooperation with and at the direction of the Fill Dirt Review Committee, has revised the guidelines to be used in the permitting of future fill dirt operations within the City of La Porte. It was desired to make the proposed exhibits attachments to Ordinance 1444-A. The attachments (Exhibit A and Exhibit B) will be considered as proposed Ordinance 1444-D. The proposed attachments are enclosed with this packet along with the proposed Ordinance. Please be advised that the Fill Dirt Review Committee (FDRC) will the night of August 7, 2003. The final recommendation for the lifting of the moratorium will be pending the outcome of the FDRC meeting and any addendums to this proposed resolution will be so posted and presented Friday August 9, 2003. Action Reauired bv Council: Consider an ordinance amending Section 2019 Development, Section 4.08 Development Site Plans; General and Section 11.02, Drainage and Storm Sewer, of City of La Porte Ordinance 1444 regulating the platting or replatting of land into subdivisions in the City of La Porte and within the extraterritorial jurisdiction of the City of La Porte hereafter to be called Ordinance 1444-D. J-j-tJ 3 Date