M&C Review


COUNCIL ACTION:  Continued on 5/15/2012 - Continued to 6/5/2012

CONTINUED FROM A PREVIOUS WEEK
DATE: 5/1/2012 REFERENCE NO.: G-17585 LOG NAME: 20ISWM MANUAL
CODE: G TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT:   Adopt Ordinance Amending Chapter 12.5, Environmental Protection and Compliance of the City Code By Adding Article X, Grading Permit, Sections 12.5-874 through 12.5-882 in Order to Regulate Land Disturbance and Grading and Establish a Fee in the Amount of $50.00 for a Grading Permit  (ALL COUNCIL DISTRICTS)

RECOMMENDATION:

It is recommended that the City Council:

1.  Adopt the attached ordinance amending Chapter 12.5, Environmental Protection and Compliance of the City Code by adding Article X, Grading Permit, Sections 12.5-874 through 12.5-882, in order to regulate land disturbance and grading; and

2.  Establish a fee in the amount of $50.00 for each application for a Grading Permit.

 
DISCUSSION:

Currently land disturbance, grading and construction activities are reviewed by the City for erosion and flooding impacts only when a new subdivision is being developed.  A commercial construction project or large scale early grading activity not associated with a new plat is not subject to drainage review.  This creates a risk of a site development adversely impacting drainage in the area.

The attached ordinance requires that a Grading Permit be obtained prior to any land disturbance of 0.5 acres or greater unless there is a current intergrated Stormwater Management Plan (iSWM Plan) prepared by a Professional Engineer that is applicable to the proposed grading. The Grading Permit will address three categories of land disturbance as follows:

1.  Early grading projects disturbing more than 0.5 acres for which there is no current iSWM Plan: Transportation and Public Works (TPW) Stormwater Management Division will review a simplified grading plan submitted by the contractor or owner's agent, to make sure that it generally conforms to current stormwater policies.
  
2.  Commercial projects disturbing 0.5 acres or more:  A drainage study prepared by a professional engineer will be required as is already required for a project involving a new plat.  

3.  Duplex and Single Family Residential:  The contractor or owner's representative will provide information on the building permit application regarding the type of lot drainage used and referencing the subdivision's drainage plan.  Except for special cases that will be flagged for review by TPW Stormwater Staff, no other requirement relative to grading will be imposed on the building permit.        

Also, for commercial projects, a Grading Certificate will be required from the land owner after construction is completed and prior to the issuance of a Certificate of Occupancy.  The owner's engineer or other representative will submit the Grading Certificate to confirm that the project was completed in substantial compliance with the approved plans.

These new procedures and updates to the City's current stormwater management design standards have been extensively reviewed in a series of public meetings with local engineers, developers and builders and the Development Advisory Committee, as shown in the following table.              

       STAKEHOLDER

            REVIEW DATE(s)

Local Engineers Public Meetings

1/26/10, 5/6/10, 7/15/10, 8/19/10,  9/24/10

Development Advisory Committee

9/20/10, 10/24/10, 11/14/11, 1/23/12

Public Workshops

1/13/11

Consulting Engineering Council

7/6/11


The new procedures and updated standards have been incorporated and detailed in a proposed new edition of the integrated Stormwater Management Criteria Manual (iSWM Manual) for Site Development and Construction adopted by the North Central Texas Council of Governments on February 2010.  Under the new iSWM Manual, construction and post-construction runoff controls will be subject to an integrated review process and updated runoff standards.  The proposed iSWM Manual is incorporated by reference in this ordinance.

The Planning and Development Department will have administrative responsibility for the proposed Grading Permit. TPW will provide the required technical review and oversight.  A $50.00 fee has been determined to be appropriate for the Planning and Development Department's costs associated with processing an application.  The revenue will be deposited in the General Fund.  The projected annual revenue from this application fee is $2,000.00.

The effective date proposed for implementing these procedures is July 1, 2012.

 
FISCAL INFORMATION/CERTIFICATION:

The Financial Management Services Director certifies that the Planning and Development Department will be responsible for collection and deposit of funds due to the City.

 
TO Fund/Account/Centers
GG01  462124  0062000   $2,000.00
 
FROM Fund/Account/Centers

Submitted for City Manager's Office by:
Fernando Costa (6122)
Originating Department Head:
Doug W. Wiersig (7801)
Additional Information Contact:
Don McChesney (7901)

 
 
ATTACHMENTS
  Grading Permit Ordinancevfinal112911.doc