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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 . 0' 1 o 0:0::1. ~i 0 . ~~. BI.... ..0' ._ 1... J . I 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, 2 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 3