HomeMy WebLinkAboutORD 1400 - ORD Relating to Building Structures Contractors Amending Site Drainage
ORDINANCE NUMBER 1400
AN ORDINANCE RELATING TO BUILDINGS, STRUCTURES,
CONTRACTORS AND RELATED REGULATIONS. AMENDING
SITE DRAINAGE REQUIREMENTS, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS. AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE. TEXAS:
Section 1. That subsection (b) of Section 6-3 of Chapter 6 of the
Code of Ordinances of the City of West University Place. Texas. is
hereby amended to read in its entirety as follows:
(b) Site drainage and grade raising:
(1) It shall be unlawful for any person who owns or controls any
land within the city, or who performs any work upon such land
that affects the elevation of the surface of the land, to
cause or allow a significant part of the surface of the land
to be significantly raised. unless such raising is authorized
by a drainage pennit issued by the building official. It
shall be the duty of each person who owns or controls a
building site where major development occurs. or who
contracts to perform a significant part of the work for such
major development. to obtain a drainage penuit at the same
time as the building penuit. As used in this section.
"significant part" means one (1) or more separate areas
aggregating five hundred (500) square feet or more in any
given twelve-month period, and "significantly raised" means
to be raised to a level that is two (2) inches or more above
the level of the area or areas as of April 9, 1990.
The issuance of such a permit does not authorize the
permittee to violate any other person1s right to allow
water to drain onto or across the penuitteel s land, but
instead. it shall remain the responsibil ity of the
penuittee to receive such waters to the extent required by
the Texas Water Code or other applicable regulations.
Neither the city engineer nor the building official nor any
other city official is required to adjudicate or enforce any
such rights of other persons.
(2) Drainage permit applications must describe clearly temporary
and permanent site drainage measures which are designed to
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Ordinance Number 1400
produce and which actually produce adequate site drainage for
the entire building site. This application shall include all
additional information deemed necessary by the city engineer.
including. but not limited to. an engineering analysis and
topographic survey of the building site and of the adjacent
building sites. Drainage facility construction methods.
materials and grades shall be mandatory conditions of each
drainage penuit and they shall be as prescribed by the city
engineer to achieve adequate site drainage. to best minimize
the effect of the drainage upon neighboring areas, to
minimize the amount of fill and to minimize tree damage. The
building official shall not issue a drainage penuit until the
application has been reviewed and approved by the city
engineer.
(3) HAdequate site drainage" means drainage sufficient to capture
substantially all of the rainwater that would fall onto a
given building site during a 10-year frequency rainfall event
ldetennined according to standard criteria used by the Texas
Department of Highways and Public Transportation through its
Bridge Division Hydraulic Manual at the time). and cause the
rainwater to be absorbed in that site or conveyed to a street
or other lawfully available receiving place for rainwater
without escaping onto any other area and without washing soil
or debris from that site.
(4) The temporary site drainage measures required by this
subsection must be put into effect no later than the time
when the land-raising work is started or the foundation for
the major development has been poured or otherwise affixed.
The temporary measures must remain in effect until the
penuanent facilities are installed and are operating as
designed. The pennanent facilities must be installed and
operating as designed before the date the land-raising work
or major development is completed.
Section 2. All ordinances and parts of ordinances in conflict
herewith are hereby 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, the remainder
of this ordinance and the application of such word, phrase, clause,
sentence. paragraph. section or other part of this ordinance to any
other persons or circumstances shall not be affected thereby.
Section 4. The City Council officially finds, detenuines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this ordinance was discussed,
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Ordinance Number 1400
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252- . 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.
PASSED AND APPROVED ON FIRST READING this
, 1991.
day of
Voting Aye:
Voting No:
Absent:
PASSED AND APPROVED ON SECOND READING this
. 1991.
day of
Voting Aye:
Voting No:
Absent:
Signed:
ATTEST:
Audrey Nichols
Ci ty Secretary
Approved as to Form:
(SEAL)
James L. Dougherty":--jr-:-
City Attorney
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