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Ord 786 Amending Chapter 36 Engineering Standards, Article VI, Erosions Control TOWN OF WESTLAKE ORDINANCE NO. 786 AN ORDINANCE AMENDING CHAPTER 36, ENGINEERING STANDARDS, ARTICLE VI, EROSION CONTROL, SECTIONS 36-161, GENERAL PROVISIONS, AND 36-166, ENFORCEMENT, OF THE TOWN OF WESTLAKE CODE OF ORDINANCES TO ESTABLISH AN EROSION CONTROL INSPECTION FEE FOR ANY PERMITTED CONSTRUCTION SITE WITHIN THE TOWN; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The Town Council of the Town of Westlake has determined that erosion control regulations are necessary to adequately protect the public health, safety and welfare; and WHEREAS, Erosion control regulation can reduce the amount of water pollution effecting our pods, lakes and streams; and WHEREAS, The Town Council finds that providing routine erosion control inspections is in the best interest of the public; and WHEREAS, The Town Council routine erosion control inspections is in the best interest of the public; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 36, Engineering Standards, Article VI, Erosions Control, Sections 36-161, General Provision, and 36-166, Enforcement, of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows: See. 36-161. - General provisions. (a) Any person responsible for activity which results in erosion of a measurable accumulation of sedimentation deeper than one inch On adjacent property, in dedicated streets, alleys or rights-of-way shall be in violation of this ordinance. (b) Private property owners, developers, builders or any person responsible for activity which could result in erosion shall comply with all applicable federal, state and local Ordinance 786 Page 1 of 3 regulations and be accountable for any erosion of property or construction site which results in accumulation of sedimentation on adjacent property or in dedicated streets, alleys or rights-of-way. (c) The following steps shall be taken to control erosion: (1) Maximum use shall be made of vegetation to minimize soil loss. (2) Natural vegetation should be retained wherever possible. (3) Where inadequate natural vegetation exists, or where it becomes necessary to remove existing natural vegetation, temporary controls should be installed promptly to minimize soil loss and insure that erosion and sedimentation does not occur. (4) Erosion control plan shall be submitted to town engineer for approval prior to actual construction. (5) Wastes or disposal areas and construction roads should be located and constructed in a manner that will minimize the amount of sediment entering streams and town storm sewers. (6) When work areas or material sources are located in or adjacent to streams, such area shall be separated from the stream by a dike or other barrier to keep sediment from entering a stream. Care shall be taken during the construction and removal of such barriers to minimize the sediment transport into a stream. (7) Should preventative measures fail to function effectively, the applicant shall act immediately to bring the erosion and/or siltation under control by whatever additional means are necessary. (8) Runoff shall be diverted away from construction areas as much as possible. (9) Developers, builders, or owners of property shall permanently stabilize all disturbed areas prior to final acceptance of the subdivision, project, and/or structure. Stabilization shall be accomplished through the use of perennial vegetative cover or other permanent means, such as channel lining, retaining wall. etc. (10) An erosion control inspection fee as set forth in the Town's fees and use schedule in section 2-181 shall be charged for each construction project. Sec. 36-1.66. -Enforcement. Should proper erosion controls fail or become inoperative, the town shall notify the owner, builder, or developer of the violation in writing. The person responsible for activity that could result in erosion, owner, builder, or developer has five business days after being notified to correct the problems;provided, however, any person responsible for activity that could result in erosion may be cited immediately for failure to obtain a permit. If no corrections are completed within five business days of being notified, the town may revoke the development pen-nit, building permit, or withhold issuance of a certificate of issue a citation, occupancy or final accept. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to Ordinance 786 Page 2 of 3 comply with or who resists the enforcement of any of the provisions of this article shall be fined not more than $500.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 3: That all provisions of this ordinance shall remain in full force and effect. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 23rd DAY OF MAY, 2016. ATTEST: Azl�' Laura Wheat, Mayor i-tu v Kelly Edward , Town Secretary thomas E. Brymer, owi anager APPROVE TO FOW �O�- W ESTj -Ar L. on Lowr w ttorney 7`E X P,"a Ordinance 786 Page 3 of 3 INVOICE Star-Telegram Customer ID: TOW27 808 Tnrockmorton sr. Invoice Number: 337892951 FORT WORTH,TX 76102 -- _ (817)390-7761 FRI" V Invoice Date: 5/26/2016 Federal Tax ID 26-2674582 Terms: Net due in 21 days JUN 0, 7 2016 Due Date: 5/31/2016 Bill To: PO Number: TOWN OF WESTLAKE 1301 SOLANA BLVD Order Number: 33789295 BLDG 4 STE 4202 Sales step: 073 WESTLAKE, TX 76262-7940 Description: TOWN OF WESTLA Publication Dates: 5/25/2016 -5/26/2016 Description Location Col DepthLinage MLT hate Amount TOWN OF WESTLAKE ORDINANCE NO. I3580 1 34 34 LINE $6.13 $417.08 Misc Fee $10.00 Net Amount: $427.08 DEBORAH JEAN BAYLOR S'otpRY Poe(�� Notary Public,State of Texas My Commission Expires October 29, 2019 County of?arrant Before me,a Notary Pubfic in and forsaid County and State, this day personally appeared Christy Holfand,Bids&LegafCoordinator for the Star-Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas:and who after being duty sworn, did depose andsay that the attached ctipping of advertisement was published in the above named paper on the listed dates: BIDS&LBGALS DEPT Star-Tefegram.(1 SUBSCRIBED AND SW07tNTO BEFORE ME, TRIS D.AyOF May 4t) 2016 lon Signed /�A NOTAP,YPUBLIC Thank You For Your Payment Remit To: Star-Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 337892951 Invoice Amount: $427.08 PO Number: Amount Enclosed: $ TO"'I ,t �DIN�CE Aid O I E`AMEN0I46CH' J TCR 56, NNEE�,IN Tom" DARDS, ARTICLE `Vl, ER SIf}N ENERASN ` 13'GENERAL PROVISIONS"AND 36-'! 166, ENFORCEMENT, OF THE TOWN OF WESTLAKE CODE OF ORDINANCES TO ESTABLISH AN ` IrROION CONTROL INSPECTION FEE;FOR ANY'PERMITTED CON- STRUCTION SITE WITHIN THE TOWN, PROVIDING"A PENALTY- PROVIDING A CUMULATIVEr A8 LITY` PR CLAUS DINPROVIDINGE A s SAVINGS CLAUS;AUTHORIZING , LIGATION; AND ESTABLISH- 1NG AN EFFECTIVE DATE,SECTION That any person, firm or cor- pt ration violating any of the pro. a vlsaons or terms of this ordinance $half be subtext to the same penalty f a$ provided for In the Code of Ordlnances of the Town of West- lake,and apon conviction shall be punishable by a fine not to exceed the sum of five hundred dollars x+11" 0.00) for each offense. Each s al that a"vlotatlon is,.Per tb €Tst shaft constitute-a separate tense. ASSEV AND�APPROVED O ;'Til#S 23r&DAY'QP MAY,1016,