2008-320s:\our documenu\ordinances\08\dca06-OOl O.docx
ORDINANCE NO. o?OO~ ,~~D
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 18 AND
23 OF THE DENTON DEVELOPMENT CODE; PROVIDING FOR A PENALTY IN THE
M~~~CIlVIUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN
EFFECTNE DATE. (DCA06-0010)
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code") and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the Planning and Zoning Commission recommended approval of certain changes to Subchapters 18
and 23 of the Denton Development Code. .
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the subject changes to the Development Code are consistent with the
Comprehensive Plan and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Subchapter 35.18 and 35.23 are amended to reflect the changes outlined in
Exhibit "A" attached hereto and incorporated herein by reference; all provisions not changed herein
to remain as written.
SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
s:\our documenu\ordinances\08\dca06-OOl O.docx
PASSED AND APPROVED this the ~~ da of ~~ 2009.
Y ,
MARK A. BURROUGHS, AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
R~
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APPROVED AS TO LEGAL FORM:
s:\our documents\ordinances\08\dca06-0010 exhibit a.docx
EI~~IT A
Subchapter 35.18 of the DDC is amended to read as follows:
35.18.1 Purpose.
A. Preserve and enhance the City of Denton's natural character by preventing untimely and
indiscriminate removal or destruction of trees, understory, and ground cover;
B. Protect and preserve the ecological functions of Environmentally Sensitive Areas (ESAs)
by regulating land disturbances and removal of vegetation within the ESAs;
C. Protect the city from sediment that finds its way into streets, storm sewers, ditches and
streams, which may result in additional taxes for city maintenance costs, increased
flooding, impaired water quality, and damage to property;
D. Promote soil conservation by minimizing land disturbances, thereby reducing
sedimentation, air, and surface water pollution; and
E. Comply with State and Federal storm water regulations.
35.18.2 Approval and Permit Required
No person, corporation, or other legal entity shall engage in stockpiling, grubbing, or land
clearing and grading without the required approvals and permits. * Activities shall be limited to
the area and scope identified on the plans submitted with the approved permit, and shall comply
with State and Federal storm water regulations. There are three types of permits covered by this
subsection:
A. Clearing and Grading Permit requires:
1. Staff review and positive recommendation by the Development Review
Committee of a site plan and construction plan, as well as approval by the
Planning and Zoning Commission of the final plat, if applicable;
2. Tree Removal Permit, if applicable; and
3. Apre-construction conference with Engineering for clearing and grading
activities on public right-of--way or public easements.
B. Grubbing Permit requires:
. 1. Tree Removal Permit, if applicable.
C. Stockpiling and Excavation Permit requires:
1. Tree Removal Permit, if applicable.
35.18.3 Exemptions.
The following shall be exempt from the provisions of this Subchapter:
A. Grading and clearing in emergency situations involving immediate danger to life and
property or substantial fire hazards.
*Cross Reference -Permits generally, Subchapter 35.16.
B. Any activity where the total volume of material disturbed, stored, disposed of or used as
fill does not exceed 25 cubic yards and the azea disturbed does not exceed 2,000 squaze
feet provided it does not obstruct a water course and is not located in a floodplain or
other environmentally sensitive azea. Projects shall comply with state and federal
regulations.
C. Soil disturbing activities, excluding tree removal, that aze associated with normal
agricultural crop operations.
D. Stockpiling and handling of earth material associated with commercial quarry and
landfill operations licensed under the State.
E. Projects with an approved Building Permit.
35.18.4 Applications.
Permit applications and requirements, processing of applications, and conditions of issuance are
as follows:
A. An application along with the required fee shall be submitted in accordance with the
Application Criteria Manual.
B. Any permit granted under this Subchapter shall expire one year from the date of issuance.
Upon a showing of ongoing construction activity, the permit may be extended by the
Building Official for one 6-month period and for an additional fee.
C. Reviewed plans shall not be amended without authorization of the Building Official. The
Building Official may suspend or revoke a permit because of incorrect information
supplied, or for any violation of the provisions of this Subchapter.
35.18.5 Standards
The design criteria for erosion and sediment control shall comply with the design standards
contained in the Site Design Criteria Manual. Permittees shall also comply with the following
general regulations and standards:
A. General Regulations.
The activity will not create or contribute to landslides, accelerated soil creep, and
settlement.
2. The activity will not create or contribute to flooding, erosion, or increased tubidity,
siltation or other forms of pollution in a watercourse;
3. Operations shall be consistent with anticipated build-out schedule, and shall be
conducted so as to expose the smallest practical azea of soil to erosion for the least
.possible time;
4. The property owner shall be responsible for all cleanup operations incidental to the
disturbance of the surface of the property within 6 months of the operation
completion date, including removal of temporary erosion and sediment controls if
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final stabilization has been obtained, and removal of all trash or other materials not
suitable for fill;
5. No soil, rock, mud or and other construction debris shall be allowed to be deposited
on or in the streets, alleys, utility facilities, rights of way, easements, or drainage
facilities owned or required by the City of Denton.
6. The site operator or owner shall provide a copy of the signed Notice of Intent from
the Texas Commission on Environmental Quality (TCEQ) for all sites that aze lazger
than 5 acres or aze less than 5 acres and part of a lazger common plan of
development, and shall develop and maintain a Storm Water Pollution Prevention
Plan (SWPPP) for the site in accordance with TCEQ regulations.
7. The site operator or owner shall provide a copy of the signed Construction Site
Notice for all sites less than 5 acres and not part of a lazger common plan of
development exceeding 5 acres, and shall develop and maintain a Storm Water
Pollution Prevention Plan (S WPPP) for the site in accordance with TCEQ
regulations.
8. The site owner or operator is responsible for routinely inspecting erosion and
sediment controls at the site as specified in the SWPPP. The City may also inspect
erosion and sediment controls located at a site for compliance. If a responsible party
fails to implement, inspect, and maintain controls as specified in the site's approved
SWPPP, the City shall provide such party with written notice of non-compliance.
The responsible party shall have no less than forty-eight (48) hours to correct the
violation, which may be extended for inclement weather or other factors at the
discretion of the City of Denton inspector.
9. When construction or land disturbing activities are conducted as a part of a Non-
Residential or Multi-Family construction project, temporary erosion and sediment
controls shall be installed prior to land disturbing activities as specified in the
approved SWPPP. Permanent erosion and sediment controls that are specified in the
SWPPP shall be installed and maintained prior to the occupancy of any non-
residential or multi-family structure. Phased occupancy will only be allowed when
there aze no outstanding erosion or sediment control violations for the project for
which the request is made.
10. When construction or.land disturbing activities are conducted as part of a Residential
Subdivision project, temporary erosion and sediment controls shall be installed as
specified in the approved S WPPP. Permanent erosion and sediment controls that aze
specified in the S WPPP shall be installed and maintained prior to final acceptance of
a subdivision.
i. The developer for such subdivision shall continue to maintain all temporary
erosion and sediment control devices until permanent erosion and sediment
control has been established on all lots within the subdivision for which a
building permit has not been issued, and
ii. If a developer sells one or more lots in a subdivision to a purchaser, the
developer may extend permit coverage to the purchaser under the developers
Notice of Intent (NOI). If this occurs, the developer remains the responsible
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party for the entire subdivision including the purchased lot(s) and remains
liable for violation of this subchapter. A copy of the developers NOI and a
letter from the developer stating that coverage under the NOI has been
extended to the purchaser shall be provided to the City as a condition of
Building permit issuance for the lot(s), and
iii. If a developer sells one or more lots in a subdivision to a purchaser, the
developer may choose to not extend permit coverage to the purchaser under
the developers NOI. If this occurs, the developer remains the responsible
party for only those lots for which the developer retains day-to-day
operational control. The purchaser then becomes the responsible party for
the lot(s) and is liable for violation of this subchapter. A copy of the
developers Notice of Change (NOC) or Notice of Termination (NOT), in
addition to the purchaser's Notice of Intent (NOI) and SWPPP shall be
provided to the City as a condition of Building permit issuance for the lot(s),
and
iv. If a purchaser sells one or more lots prior to final occupancy, the current
owner of the lot(s) becomes the responsible party. A copy of owner's
Notice of Intent (NOI) and SWPPP shall be provided to the City as a
condition of Building permit issuance for the lot(s).
11. Upon establishing permanent ground cover or other approved permanent erosion and
sediment control, all temporary erosion and sediment control devices shall be
removed by the responsible party, as identified on the SWPPP. Failure to comply
with this provision is considered a violation of this subchapter.
B Establishing Ground Cover.
Temporary stabilization measures shall be established in all azeas of the site where soil
disturbances have occurred and where construction activities have temporarily ceased for
more than 21 calendaz days. Temporary stabilization may include seeding, geotextiles,
mulches, and similar measures as approved by the City that aze designed to reduce or
eliminate erosion until permanent stabilization can be achieved or until further
construction activity takes place.
35.18.6 Remedies oJthe City.
A. The City may deny the approval of any clearing and grading permit, building permit, site
development plan, and any other City approval necessary to commence or continue
construction or to assume occupancy, on the grounds that site erosion or sediment
controls aze determined not to reduce the discharge or sediment, silt, earth, soil or other
materials associated with land disturbances to the maximum extent practicable.
B. If a permittee (or its officers, employees, agents, contractors, subcontractors, or
representatives) fail to comply with any requirements of this subchapter (including any
requirement incorporated by reference), a representative from the City shall give notice to
the permittee specifying the nature and extent of the alleged failure, the extent of efforts
required to cure the failure, the established cure period, and the potential impacts on the
health, safety, or welfare of the community. The cure period will be established by the
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City representative, and will generally not be less than 48 hours unless the alleged failure
represents a risk of destruction of property or injury to persons. The cure period maybe
extended for inclement weather or other factors at the discretion of the City
representative.
C. If the permittee does not cure the alleged failure within the time frame specified by the
City representative, the City may:
1. Notify the TCEQ and request that the TCEQ take appropriate action; and
2. Issue a Stop Work Order and may enforce the penalty provision of Subsection
35.1.10.4 of the Denton Development Code against the permittee or site operator, or
both.
D. Should the permittee fail in any respect to fulfill the requirements of this article, the City
may go on to the property in question and perform such work as may be necessary to
fulfill such requirements, including but not limited to leveling grounds, establishing
temporary stabilization, constructing erosion controls, and removing all soil, rock, debris,
and other materials not suitable for fill at the penmittee's expense. The City shall bill the
penmittee for the expenses incurred. If the permittee fails to pay the City for such
expenses within 30 days of being billed for same, the City shall have the right to place a
lien on the property for all amounts expended by the City, plus interest at the current
lawful rate.
E. The remedies provided by this Section are in addition to any other remedies described in
this Development Code. Exercise of this remedy shall not be a baz against, nor a
prerequisite for, taking other action against the violator, including civil enforcement
remedies.
The following definitions will be added to the Subchapter 35.23.2:
Clearing is an intentional act to cut down or damage a tree and/or understory vegetation, to the
extent that the tree and/or understory vegetation will decline or die. Clearing includes, but is not
limited to, herbicide or similaz chemical treatment of trees and/or understory vegetation, physical
removal, damage from soil compaction, or damage due to grading.
Grading is the mechanical or physical act of disturbing, moving, removing, transferring or
redistributing soil.
Grubbing is the mechanical or physical act of removing stumps, underbrush, and rocks, prior to
clearing and grading. Gnubbing does not allow for any grade changes, only vegetation removal down
to haze soil. A tree removal permit is required for all trees with a 3" or greater diameter, measured at
4.5 feet above natural grade.
Imported fill Imported fill is the mechanical or physical act of bringing soil in from offsite. When
stockpiling imported fill, it shall occur on private property only.
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Excavation is the mechanical or physical act to cut, dig, or scoop soil.
Stockpiling is the holding on land of material or products such as, any soil, sand, gravel, clay, mud,
debris, vegetation or any other material, organic or inorganic, in a concentrated state.
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