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Item 6KCITY OF SOUTHLAKE MEMORANDUM January 26, 2010 To: Shana Yelverton, City Manager From: Ken Baker, AICP — Director of Planning & Development Services Subject: Ordinance No. 996, Amendment to the 2009 International Building Code, Appendix J, as it pertains to regulations regarding the management procedures and practices for the storage of soil stockpiles. Action Requested: Approve 2 nd Reading of Ordinance No. 996, regulations for regarding soil stockpiles. Background Information: The purpose of this request is to establish management procedures and practices for soil stockpiles (dirt piles) intended to eliminate or to significantly reduce any potential air or storm water pollution. This ordinance proposal is to apply to soil stockpiles on or off site which are intended to remain for an indefinite period of time after the issuance of the Certificate of Occupancy for a construction project, ultimately reducing the pollution and aesthetic impact on the surrounding environment. The amendment and regulations being added are as follows: SECTION J102 DEFINITIONS SOIL STOCKPILE. Any excess soil gathered in a specific location from construction activities for potential use in the future. SECTION J112 SOIL STOCKPILES J112.1 General. Soil Stockpile management procedures and practices shall be designed and maintained as to eliminate or significantly reduce any potential air or storm water pollution. This section is to apply to soil stockpiles which are intended to remain for an indefinite period after the issuance of the Certificate of Occupancy. Exception: Any requirement of this section may be waived as necessary by the City Building Official due to unusual or unique circumstances. J112.2 Limitations. Any single soil stockpile shall meet the following requirements: Slope. No individual soil stockpile shall exceed a slope ratio of 5:1 Height. No individual soil stockpile shall exceed a maximum height of five (5) feet from the highest grade on site. Financial Considerations: Strategic Link: Citizen Input: City Council Action: Legal Review: Alternatives: Supporting Documents: Staff Contact: J112.3 Maintenance. In conformance with all other applicable requirements, the soil stockpile shall be stabilized by providing vegetative perennial cover with a density of seventy percent (70 %) at the responsibility of the property owner where the stockpile is located. 12 rem Quality Development A SPIN meeting was held for citizen input on December 13, 2010. The report from this meeting is attached to this memorandum. January 25, 2011; Approved 1 st Reading on Consent (7 -0). This ordinance will be reviewed by the City Attorney. Recommend modifications to the proposed ordinance or approve the ordinance as presented. (1) SPIN Meeting Report dated December 13, 2010 (2) Ordinance 996, As Amended — Link to Presentation Ken Baker (817) 748 -8067 Daniel Cortez (817) 748 -8070 SOUTHLAKE SPIN MEETING REPORT CASE NO. N/A PROJECT NAME: Soil Stockpile Ordinance SPIN DISTRICT: Citywide MEETING DATE: December '13, 2010: 6:00 PN MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A & 3B TOTAL ATTENDANCE: Ten (10) • SPIN REPRESENTATIVE(S) PRESENT: None • APPLICANT(S) PRESENTING: Daniel Cortez, Planner • STAFF PRESENT: Lorrie Fletcher, Planner I; Ken Baker, Director of Planning & Development Services, Greg Last, Director of Economic Development, Jill Lind, Tourism Marketing Manager STAFF CONTACT: Daniel Cortez, (8'17)748 -8070; dcortez((�ci.southlake.tx.us EXECUTIVE SUMMARY Details City staff presented and requested feedback on a proposed ordinance to regulate soil stockpiles. There are no current regulations regarding stockpiles. The proposed ordinance would be added to the International Building Code to address issues. A soil stockpile was defined as any excess soil gathered in a specific location from construction activities for potential use in the future. One solution suggested seeding grass to help the stockpile blend in with the environment. It was also mentioned that this ordinance would be applied specifically to post-construction- Two options were presented defining slope and height: 1- Slope — No individual soil stockpile shall exceed a slope ratio of 5:1 Height — No individual soil stockpile shall exceed a maximum height of five (5) feet from the highest grade on site. 2. Slope — No individual soil stockpile shall exceed a slope ratio of 4:'I Height — No individual soil stockpile shall exceed a maximum height of five (5) feet from the highest grade on site. A maintenance requirement was also proposed: In conformance with all other applicable requirements, the soil stockpile shall be stabilized by providing vegetative perennial cover with a density of seventy percent (70 %) at the responsibility of the property owner where the soil stockpile is located. QUESTIONS / CONCERNS Why not just require the dirt be removed? Would it be harder to enforce? That is an option. We would like to have other alternatives when appropriate which could add to the landscape of larger tracts to keep it onsite. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. ORDINANCE NO. 996 AN ORDINANCE AMENDING THE 2009 EDITION OF THE INTERNATIONAL BUILDING CODE, APPENDIX J, TO INCLUDE REGULATIONS REGARDING THE MANAGEMENT PROCEDURES AND PRACTICES FOR THE STORAGE OF SOIL STOCKPILES AS REFERENCED HEREIN, IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, City Council of the City of Southlake deems it necessary to adopt this ordinance governing the requirements for the management procedures and practices for soil stockpiles, in order to protect the health, safety and welfare of the citizens of the City of Southlake. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That the management procedures and practices for soil stockpiles, is hereby adopted and added to the 2009 Edition of the International Building Code under Appendix J. A true and correct copy of this amended Code is attached to this ordinance as Exhibit "A." SECTION 2 That the 2009 International Building Code, Appendix J, as adopted herein, is hereby amended as provided in Exhibit "A" incorporated herein and attached hereto for all purposes of this ordinance. The City of Southlake may from time to time determine that additional local modifications to the 2009 International Building Code are necessary and appropriate to meet the unique construction needs of the City of Southlake. To effectuate these modifications, the City council shall enact individual ordinances amending this ordinance fully setting forth the change to be made in the code. SECTION 3 The material contained in Exhibit "A" to this ordinance shall not be included in the formal municipal codification of ordinances, but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 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 more than Two Thousand Dollars ($2,000.00) all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars_($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the installation and maintenance of heating, air conditioning and other mechanical systems which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance buy may be prosecuted until final disposition by the courts. SECTION 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper the City of Southlake, the caption, penalty clause, publication clause and effective date of this one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10 This ordinance shall be in full force and effect from and after its passage and publication as required by law. PASSED AND APPROVED ON FIRST READING ON THIS 25 DAY OF JANUARY, 2011. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON FIRST READING ON THIS 1 ST DAY OF FEBURARY, 2011. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: EFFECTIVE: EXHIBIT "A" 2009 International Building Code First Printing: February 2009 Second Printing: May 2009 Third Printing: April 2010 ISBN: 978 -1- 58001 -725 -1 (soft -cover edition) ISBN: 978 -1- 58001 -724 -4 (loose -leaf edition) COPYRIGHT © 2009 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2009 International Building Code is a copyrighted work owned by the International Code Council, Inc. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example, and not limitation, photocopying or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: Publications, 4051 West Flossmoor Road, Country Club Hills, IL 60478. Phone 1- 888 -ICC -SAFE (422- 7233). Trademarks: "International Code Council," the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. Appendix J — Grading SECTION J101 GENERAL J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. .2 Flood hazard areas. The provisions of this chapter shall not apply to grading, excavation and earthwork construction, including fills and embankments, in floodways within flood hazard areas established in Section 1612.3 or in flood hazard areas where design flood elevations are specified but floodways have not been designated, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed work will not result in any increase in the level of the base flood. SECTION J102 DEFINITIONS J102.1 Definitions. For the purposes of this appendix chapter, the terms, phrases and words listed in this section and their derivatives shall have the indicated meanings. COMPACTION. The densification of a fill by mechanical means. CUT. See Excavation. DOWN DRAIN. A device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility EROSION. The wearing away of the ground surface as a result of the movement of wind, water or ice. EXCAVATION. The removal of earth material by artificial means, also referred to as a cut. FILL. Deposition of earth materials by artificial means. GRADE. The vertical location of the ground surface. GRADE, EXISTING. The grade prior to grading. GRADE, FINISHED. The grade of the site at the conclusion of all grading efforts. GRADING. An excavation or fill or combination thereof. KEY. A compacted fill placed in a trench excavated in earth material beneath the toe of a slope. SLOPE. An inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. SOIL STOCKPILE. Any excess soil gathered in a specific location from construction activities for potential use in the future. TERRACE. A relatively level step constructed in the face of a graded slope for drainage and maintenance purposes. SECTION J103 PERMITS REQUIRED J103.1 Permits required. Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefor from the building official. A grading permit does not include the construction of retaining walls or other structures. J103.2 Exemptions. A grading permit shall not be required for the following: 1. Grading in an isolated, self- contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties. 2. Excavation for construction of a structure permitted under this code. 3. Cemetery graves. 4. Exploratory excavations performed under the direction of a registered design professional. Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. SECTION J104 PERMIT APPLICATION AND SUBMITTALS J104.1 Submittal requirements. In addition to the provisions of Section 105.3, the applicant shall state the estimated quantities of excavation and fill. J104.2 Site plan requirements. In addition to the provisions of Section 107, a grading plan shall show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this code. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this code. J104.3 Geotechnical report. A geotechnical report prepared by a registered design professional shall be provided. The report shall contain at least the following: 1. The nature and distribution of existing soils; 2. Conclusions and recommendations for grading procedures; 3. Soil design criteria for any structures or embankments required to accomplish the proposed grading; and 4. Where necessary, slope stability studies, and recommendations and conclusions regarding site geology. Exception: A geotechnical report is not required where the building code official determines that the nature of the work applied for is such that a report is not necessary. J104.4 Liquefaction study. For sites with mapped maximum considered earthquake spectral response accelerations at short periods (S greater than 0.5g as determined by Section 1613, a study of the liquefaction potential of the site shall be provided, and the recommendations incorporated in the plans. Exception: A liquefaction study is not required where the building official determines from established local data that the liquefaction potential is low. SECTION J105 INSPECTIONS J105.1 General. Inspections shall be governed by Section 109 of this code. J105.2 Special inspections. The special inspection requirements of Section 1704.7 shall apply to work performed under a grading permit where required by the building official. SECTION J106 EXCAVATIONS J106.1 Maximum slope. The slope of cut surfaces shall be no steeper than is safe for the intended use, and shall be no steeper than two units horizontal to one unit vertical (50- percent slope) unless the owner or authorized agent furnishes a geotechnical report justifying a steeper slope. Exceptions: 1. A cut surface shall be permitted to be at a slope of 1.5 units horizontal to one unit vertical (67- percent slope) provided that all of the following are met: 1.1. It is not intended to support structures or surcharges. 1.2. It is adequately protected against erosion. 1.3. It is no more than 8 feet (2438 mm) in height. 1.4. It is approved by the building code official. 1.5. Ground water is not encountered. 2. A cut surface in bedrock shall be permitted to be at a slope of one unit horizontal to one unit vertical (100 - percent slope). SECTION J107 FILLS J107.1 General. Unless otherwise recommended in the geotechnical report, fills shall comply with the provisions of this section. J107.2 Surface preparation. The ground surface shall be prepared to receive fill by removing vegetation, topsoil and other unsuitable materials, and scarifying the ground to provide a bond with the fill material. J107.3 Benching. Where existing grade is at a slope steeper than five units horizontal to one unit vertical (20- percent slope) and the depth of the fill exceeds 5 feet (1524 mm) benching shall be provided in accordance with Figure J107.3. A key shall be provided which is at least 10 feet (3048 mm) in width and 2 feet (610 mm) in depth. 70P OF ='L- �'� —. (1524 mm) OR GREATER 1 For SI: 1 foot = 304.8 mm. r 110, REMOVE UNSUITABLE MATERIAL. 2 FT. (610 mm) MINIMUM FIGURE J107.3 BENCHING DETAILS J107.4 Fill material. Fill material shall not include organic, frozen or other deleterious materials. No rock or similar irreducible material greater than 12 inches (305 mm) in any dimension shall be included in fills. J107.5 Compaction. All fill material shall be compacted to 90 percent of maximum density as determined by ASTM D 1557, Modified Proctor, in lifts not exceeding 12 inches (305 mm) in depth. J107.6 Maximum slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes steeper than two units horizontal to one unit vertical (50- percent slope) shall be justified by a geotechnical report or engineering data. SECTION J108 SETBACKS J108.1 General. Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimensions shall be measured perpendicular to the property line and shall be as shown in Figure J108.1, unless substantiating data is submitted justifying reduced setbacks. Property Line Property Line H;5 but 2 ft. X610 mm) minimum and need not exceed 20 ft. (6096 mm) maximum Top of Slope �� h 0 rf t H15 but 2 h2. (610 mm) minimum and need notexceed 10 ft. (3049 mm) maximum Cut or Fill Slope Top of Slope Natural or Finish's Grade Natural or Finish Grade For SI: 1 foot = 304.8 mm. FIGURE J108.1 DRAINAGE DIMENSIONS Interoepto Drain (if required? J108.2 Top of slope. The setback at the top of a cut slope shall not be less than that shown in Figure J108.1, or than is required to accommodate any required interceptor drains, whichever is greater. J108.3 Slope protection. Where required to protect adjacent properties at the toe of a slope from adverse effects of the grading, additional protection, approved by the building official, shall be included. Such protection may include but shall not be limited to: 1. Setbacks greater than those required by Figure J108.1. 2. Provisions for retaining walls or similar construction. 3. Erosion protection of the fill slopes. 4. Provision for the control of surface waters. SECTION J109 DRAINAGE AND TERRACING J109.1 General. Unless otherwise recommended by a registered design professional, drainage facilities and terracing shall be provided in accordance with the requirements of this section. Exception: Drainage facilities and terracing need not be provided where the ground slope is not steeper than 3 horizontal to 1 vertical (33 percent). J109.2 Terraces. Terraces at least 6 feet (1829 mm) in width shall be established at not more than 30 -foot (9144 mm) vertical intervals on all cut or fill slopes to control surface drainage and debris. Suitable access shall be provided to allow for cleaning and maintenance. Where more than two terraces are required, one terrace, located at approximately mid - height, shall be at least 12 feet (3658 mm) in width. Swales or ditches shall be provided on terraces. They shall have a minimum gradient of 20 horizontal to 1 vertical (5 percent) and shall be paved with concrete not less than 3 inches (76 mm) in thickness, or with other materials suitable to the application. They shall have a minimum depth of 12 inches (305 mm) and a minimum width of 5 feet (1524 mm). A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (1256 m 2 ) ( projected) without discharging into a down drain. J109.3 Interceptor drains. Interceptor drains shall be installed along the top of cut slopes receiving drainage from a tributary width greater than 40 feet (12 192 mm), measured horizontally. They shall have a minimum depth of 1 foot (305 mm) and a minimum width of 3 feet (915 mm). The slope shall be approved by the building official, but shall not be less than 50 horizontal to 1 vertical (2 percent). The drain shall be paved with concrete not less than 3 inches (76 mm) in thickness, or by other materials suitable to the application. Discharge from the drain shall be accomplished in a manner to prevent erosion and shall be approved by the building official. J109.4 Drainage across property lines. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of nonerosive down drains or other devices. SECTION J110 EROSION CONTROL J110.1 General. The faces of cut and fill slopes shall be prepared and maintained to control erosion. This control shall be permitted to consist of effective planting. Exception: Erosion control measures need not be provided on cut slopes not subject to erosion due to the erosion - resistant character of the materials. Erosion control for the slopes shall be installed as soon as practicable and prior to calling for final inspection. J110.2 Other devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety. SECTION J111 REFERENCED STANDARDS ASTM D Test Method for Laboratory J107.6 1557 -e01 Compaction Characteristics of Soil Using Modified Effort [56,000 ft -lb /ft 3 (2,700kN- m /m 3 )l. SECTION J112 SOIL STOCKPILES J112.1 General. Soil Stockpile management procedures and practices shall be designed and maintained as to eliminate or significantly reduce any potential air or storm water pollution. This section is to apply to soil stockpiles which are intended to remain for an indefinite period after the issuance of the Certificate of Occupancy. Exception: Any requirement of this section may be waived as necessary by the City Building Official due to unusual or unique circumstances. A 12.2 Limitations. Any single soil stockpile shall meet the following requirements: Slope. No individual soil stockpile shall exceed a slope ratio of 5:1 Height. No individual soil stockpile shall exceed a maximum height of five (5) feet from the hiahest arade on site. J112.3 Maintenance. In conformance with all other applicable requirements, the soil stockpile shall be stabilized by providing vegetative perennial cover with a density of seventy percent (70 %) at the responsibility of the property owner where the stockpile is located.