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Home My WebLink AboutORD 2052 Amending Chapter 18 of the Code re Additional Fill AllowedCity of West University Place Harris County, Texas ORDINANCE NO. 2052 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 18, BUILDING AND DEVELOPMENT, ARTICLE 11, GENERAL REGULATIONS, SECTION 18 -56, SITE DRAINAGE; DRAINAGE PLANS, OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, RELATING TO THE AMOUNT OF ADDITIONAL FILL ALLOWED AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. Chapter 18, Building and Development, Article II, General Regulations, Section 18 -56, Site drainage; site plans, of the Code of Ordinances of the City of West University Place, Texas is amended relating to the amount of additional fill allowed to read as set out in Appendix A, attached hereto. All other portions of Chapter 18 of the Code of Ordinances not specifically amended hereby remain in full force and effect. Section 2. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this Ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this Ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 5. This Ordinance takes effect immediately upon its passage and adoption on second reading. (00196506.docx ) PASSED, APPROVED AND ADOPTED ON FIRST READING on the 14th day of May , 2018. PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED, 21St ay of May 2018. UN/YF9 tte Signed: 'rl) ^' City Secretary (Seal) Mayor 1EXRS Recommended: City Manager Approved as to legal form: City Attorney taoisssos.docx 1 2 City of West University Place Harris County, Texas Appendix A (Amended Chapter 18, Article II, Section 18 -56 Code of Ordinances) Sec. 18 -56. - Site drainage; drainage plans. (a) Basic drainage requirements. For each impact area (see definition in subsection (b)), the permittee must prepare a drainage plan and obtain the approval of the building official, as required by this section. Exception: No drainage plan is required for a project if the building official issues a "low impact" certification after determining that the project will probably have no drainage impact, or very low impact, upon neighboring property. In addition, each permittee, each successive owner and each successive person in control of an impact area has a continuing duty to: (1) Provide basic site drainage (see definition below) at all times, unless otherwise specified in an approved drainage plan or an approved amendment; and (2) Comply with the approved drainage plan (if the plan was required by this Code or any prior city ordinance) or an approved amendment at all times. (b) Definitions . In this section, the following terms have the meanings shown, unless the context clearly indicates a different meaning: (1) Basic site drainage means drainage that: a. Captures substantially all of the rainwater that would fall onto the impact area, assuming a rainfall of one inch in one hour; and b. Causes that rainwater to be absorbed within the same building site or conveyed to a lawful receiving place for rainwater, without escaping onto any other site and without washing detectable quantities of soil or debris off the building site. Rainwater may be conveyed across another site, if properly authorized by perpetual, recorded easement or a similar interest in the land. (2) Impact area means the area where grade - raising, ee major development or creation of green space occurs (or occurred after July 7, 1991). In the case of major development or creation of green space, the entire building site is included in the impact area. (c) Drainage plans; content, types, etc. The applicant must prepare each drainage plan in two versions: "as designed" and "as built." The requirements are as follows: "As Designed" Version (1) A topographic survey drawing (with sufficient "spot" elevations and flow directions, as determined —the impact area and the receiving points for runoff, "as -is," by the building official) before work on the site begins showing— — established drainage patterns across property lines (2) Clear drawings and — provide basic site drainage but in no case shall more than descriptions of temporary and six (6) inches above existing grade of fill be allowed. However. the Building Official may authorize additional fill permanent drainage measures "as 100196506.docx ) designed" that— above the six (6) inch limit if the Building Official determines additional fill is necessary for proper drainage — substantially conform to the "as- designed" version of the drainage measures "as built' — minimize the amount of fill and tree damage that— — provides drainage away from building foundations as required by applicable regulations — mitigate significant interference with established drainage patterns across property lines toward the impact area (up to the capacity of a four -inch drain pipe -or its equivalent —from the rear of the site to the street) — provides for basic stormwater quality protection as may be required by applicable regulations (3) A written certification, signed and sealed by the permittee that the "as- designed" drainage measures will meet the requirements set out above (4) Additional information requested by the building official "As built" Version (1) Clear drawings and descriptions of permanent — substantially conform to the "as- designed" version of the drainage measures "as built' drainage plan, including the topographic survey data that— — provide basic site drainage but in no case shall more than six (6) inches above existing grade of fill be allowed unless authorized by the Building Official in the "as designed" nlans — minimize the amount of fill and tree damage — provide drainage away from building foundations as required by applicable regulations — mitigate significant interference with established drainage patterns across property lines toward the impact area (up to the capacity of a four -inch drain pipe -or its equivalent —from the rear of the site to the street) — provides for basic stormwater quality protection as may be required by applicable regulations (2) A written certification that the "as- built' drainage measures meet the requirements set out above, signed by the permittee (3) Additional information requested by the building official (aoi s6sos.docx) 4 (d) Drainage plans; preparation, etc. (1) Preparation and processing, "as designed" plans: a. The "as designed" version of the drainage plan must be filed with the building official before issuance of the initial permit for the project. As provided by this Code, the drainage plan may be submitted as a component of a site plan. b. The building official shall approve the "as designed" plan, unless the building official notices some non - compliance with this section or other applicable regulations. c. No permit may be issued until the "as designed" site plan is approved. (2) Preparation and processing, "as built" plans: a. Each permittee must deliver the "as built" version of the drainage plan to the building official by the sooner o£ 1. The 30th day following completion of the project (including final ground cover and landscaping); or 2. The 30th day following the expiration, of the permit. As provided by this Code, the drainage plan may be submitted as a component of a site plan. b. The building official shall review and approve the "as built" plan, unless the building official notices some non - compliance with this section or other applicable regulations. C. Any fee charged by the city for reviewing the "as built" drainage plan may be waived if the building official determines that the "as built" plan is not substantially different from the approved "as designed" plan and can be readily compared. d. No final occupancy permit or similar approval (except a temporary certificate of occupancy) may be issued until the "as built" drainage plan is approved. (3) Amendments. Amendments to drainage plans are handled in the same manner as original plans. Exception: No amended drainage plan is required for a project if the building official issues a "low impact" certification after determining that the project will probably have no drainage impact, or very low impact, upon neighboring property. (e) Drainage plans; implementation. Either temporary or permanent measures to achieve basic site drainage must be put into effect before grade- raising work or major development starts. Any temporary measures must remain in effect until permanent measures are installed and are operating as designed. Temporary measures may incorporate all or part of the permanent measures. Permanent measures must be installed and operating as designed as soon as practicable after grade- raising work or major development is completed. (f) Other rights and duties . Some persons may have state - created or recognized rights and duties with respect to surface water and drainage. For example, under state water laws, a property owner may have the right to allow water to drain naturally onto neighboring 100196506.docxl 5 property, and the owner of the neighboring property may have the duty to receive the water. Neither this Code nor any actions taken by city officials shall ever be interpreted to diminish any other rights or duties arising under state water laws. Any person receiving a city permit or other approval remains obligated to carry out all state - created duties and to respect all state - created rights, whether compelled to do so by the city, or not. Every property owner remains free to pursue all state - created rights and remedies against other property owners, and it is neither required nor appropriate to involve the city in any such proceeding. (Addition shown by underline; deletion shown by strike -out) f00196506.docxf 6