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Ord 164 Amending the Uniform Building CodeORDINANCE NO. 164 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE 'ORDINANCE ADOPTING THE UNIFORM BUILDING CODE, 1985 EDITION, BY ADDING A NEW CHAPTER PROVIDING FOR TEMPORARY CONCRETE FACILITIES AT CONSTRUCTION SITES; PROVIDING FOR A PERMIT TO OPERATE THE SAME; PROVIDING FOR A FEE; PROVIDING FOR A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDNG AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: That the Town hereby amends Ordinance No. d. the Ordinance adopting the Uniform Building Code, 1985 Edition, by adding a new Chapter 80 in the Appendix entitled "Temporary Concrete Facilities" which shall hereinafter read as follows: "Chapter 80 Temporary Concrete Facilities" "Purpose Sec. 8001. The purpose of this chapter is to safeguard life, limb, property and the public welfare by regulating temporary concrete facilities on private property." "Scope Sec. 8002. This chapter sets forth rules and regulations to permit temporary concrete facilities to exist at construction sites; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of such facilities." "Permit Requirements Sec. 8003. (a) No person shall operate a temporary concrete facility without first obtaining a permit from the building official. A temporary concrete facility is defined as a plant or facility that operates pursuant to Exemption 71, 93 or 117 of the Texas Air Control Board's (TACE) Standard Exemption List. A separate permit shall be required for each site. (b) The application shall state the estimated quantities of concrete to be produced, and two (2) sets of plans showing the location of the facility on the job site. The plans shall also show the location of the temporary concrete facility to the construction, and will describe the means and methods by which the run-off will be minimized and filtered to prevent the pollution of any near -by or adjacent rivers, streams, creeks or man-made or natural drainage ways. The plans shall show the drainage area. (c) The application must contain two (2) copies of TACB Registration Form for Standard Exemptions Form PI -7, and the authorization granted by the Executive Director of the TACB or his/her designee. (d) The permit will be limited to providing materials to the construction project designated on the permit. There will be no commercial sale of product to others for use on other projects. (e) Westlake is presently unable to maintain the roads, streets and highways existing within, running through, or contiguous to its corporate limits. Most of the roads and streets are not constructed to withstand constant and repeated use of sand, gravel and cement trucks as well as other heavy vehicles. As a condition of the issuance of the permit, the permittee, general constrictor or project owner will agree to work with state, county or local officials, as the case may be, and contribute to road, street and highway maintenance and repairs caused by the use of the facility. Furthermore, the permittee, general contractor or project owner will cooperate with any state, county or local officials to address traffic P, safety concerns that occur as a result of the operation of the facility. (f) The building official of the Town shall review all plans and issue the permit." "Term of Permit Sec. 8004. The permit shall not be issued for a term in excess of one (1) year, but the permit may be renewed on an annual basis until the construction project is completed. The renewal application will contain the same information as the original application and will note any changes in the plans or conditions. Failure of the permittee to comply with the provisions of Sec. 8003 during the permit period shall constitute just cause for a denial of a renewal of the permit. " "Permit Fees Sec. 8005. (a) Plan Review Fees. A plan review fee of $150.00 shall be paid to the Town at the time an application is submitted. (b) Temporary Concrete Facility Permit. A fee of $ Fc,6•f -will be paid to the Town for the issuance of the original permit, and a fee of $ will be paid for any renewal of the permit." That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not less than Five Dollars ($5.00), nor more than One Hundred Dollars ($100.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 3 That this Ordinance shall be cumulative of all other ordinances of the Town of Westlake affecting signs and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. PART IV. It is hereby declared to be the intention of the Town Board of Aldermen that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconsti- tutionality 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 Board of Aldermen without the incorporation hereof of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. PART V. That this Ordinance shall become effective and be in full force and effect from and after the date of its passage and publications, as required by law, and it is so ordained. PASSED AND APPROVED this the day of 1987. ! Dale White, Mayor Town of Westlake, Texas rd ATTEST: Ger, White Town Secretary Town of Westlake, Texas APPROVED AS TO LEGAL FORM: Paul C. Isham, Town Attorney Town of Westlake, Texas 5