HomeMy WebLinkAboutO-2012-3437 capping fill dirt permit fees for project sitesORDINANCE NO.
AN ORDINANCE AMENDING SECTION 11.02, DRAINAGE AND STORM SEWERS, AS
ESTABLISHED IN LA PORTE ORDINANCE NO. 144.4-A, AND AS AMENDED, 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 amendments to Section 11.02, Drainage And Storm Sewers, 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, as set forth in City of La Porte
Ordinance No. 1444-A, and as amended, is hereby amended by amending Exhibit "A", pertaining
to the addition of a Fill Dirt Permit (but exempting back fill for foundations from the permit
requirement), 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 Exhibit "A", as amended, is attached to this Ordinance, and is
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, and as amended, is hereby amended by amending the fill dirt permit fee. Said fee
shall be as set forth on Exhibit "A", attached to this ordinance, i.e. $0.00 for loads 1 through 5, and
then $25.00 total for loads 6 through 49 of permitted fill dirt, and $2.00 per load for each additional
load. In no case shall the total fill dirt permit fee for a specified project site exceed $5000.00,
ORDINANCE NO.
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regardless of the number of loads . 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.
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 -conforming 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
ORDINANCE NO. 1444 -e -
Page 3
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
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. 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 once within ten
(10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE o DAY OF ht , 2012.
CITY OF LA PORTE
By:
ATTESTATION:
APPROVED:
By:l.L A �.
CLARK T. ASKINS
Assistant City Attorney
OF- 4
City of La Porte Planning Department
A 604 West Fairmont Parkway, La Porte, TX 77571
Office: 281.471.5020, Fax: 281.470.5005; www.laportetx.
APPLICATION for FILL DIRT PERMIT
(Note: Complete info. in dashed box only. Partial or incomplete information will delay processing of your application)
Date:
Property Owner: Owner's Agent:
Name: Name:
Address: Address:
Phone#: Phone#:
Alt. Phone#: Alt. Phone:
E -Mail: E -Mail:
Property Information:
Current Property Address (if existing):
Describe Work:
Acreage: Max. # Truckloads:
Please Note:
1. Include survey, sketch plan, or site plan illustrating subject property showing (a) any existing applicable and
proposed fill dirt improvements (b) and proposed drainage patterns as a result of new fill dirt.
2. A Grading and Drainage Plan signed and sealed by Professional Engineer licensed in the State of Texas is
required for applications for 50+ truckloads.
3. Fee Schedule: 1-5 Loads: No Fee; 6-49 Loads: $25.00; 50+ Loads: Add $2.00 per load over 49 loads. Fee
not to exceed $5000.00
4. The Planning Department reserves the right to inspect the placement of soil and recommend changes
necessary to alleviate possible flooding of neighboring properties.
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** This Area for City Staff Use Only **
Y
N
Ownership Verified:
❑
❑ BY/DATE:
Sketch Reviewed:
❑
❑ BY/DATE:
Sketch Approved:
❑
❑ BY/DATE:
Permit Approved:
❑
❑ BY/DATE:
Flood Zone: BFE:
HCAD Acct. No. of Property (13 digits) - - -
Permit Fee: HTE I. D.:
Special Conditions:
Permit Number Issued: Date:
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S:\City Planning Share\Fill Dirt PermitslApplication Form\Fill Dirt Application rev.docx